Haryana notifies ‘Affordable Housing Policy 2013’

By Haryananewswire

CHANDIGARH, AUG  20

The Haryana Government has notified a comprehensive ‘Affordable Housing Policy 2013’ to facilitate creation of additional affordable housing stock in the urban areas of the State.

            While stating this here today, a spokesperson of the Town and Country Planning Department said that the policy is intended to encourage the planning and completion of ‘Group Housing Projects’ wherein apartments of re-defined size are made available at pre-defined rates within a targeted time-frame to ensure increased supply of Affordable Housing in the urban housing market to the deserving beneficiaries.

He said that all such projects would be required to be necessarily completed within four years from the approval of building plans or grant of environmental clearance, whichever is later. This date would be referred to as the date of commencement of project and licences would not be renewed beyond four years period from the date of commencement of project. The projects under this policy would be allowed only in the residential zone of the notified Development Plans of various towns or cities of the State.

The maximum area for which such projects can be allowed in a Development Plan included 300 acres for Gurgaon, Faridabad, Panchkula, Panchkula Extension and Pinjore-Kalka, 150 acres for Sonipat, Panipat, Karnal, Dharuhera, Bahadurgarh and Sohna and 75 acres for the rest of the development Plans. The applications for licence received under this policy would be considered on First-Come-First-Serve basis after the notification of this policy. In any residential sector not more than five per cent of the net planned area under residential zone can be allowed for projects under this policy. However, if a residential sector has an area of less than 100 acres, one such project would be allowed on five acres. Further, in order to ensure that such projects are well distributed over the Development Plan area, the maximum net planned area that can be permitted under this policy in any residential sector would be restricted to 10 acres.

The apartments of pre-defined size-range would be allotted at a pre-defined rate to ensure provision of affordable housing under this policy. The carpet area of the apartments would range from 28 sqm to 60 sqm in size. The carpet area would be the net usable covered floor area bound within the walls of the apartment but excluding the area covered by the walls and any balcony which is approved free-of-FAR, but including the area forming part of kitchen, toilet, bathroom, store and built-in cupboard, almirah, shelf, which being usable covered area would form part of the carpet area. No separate EWS category apartments would be provided to eliminate any cross subsidy component and thus to avoid any adverse impact on the affordability of apartments made available under this policy.

He said the parking space would be provided at the rate of half Equivalent Car Space for each dwelling unit. Only one two-wheeler parking site would be earmarked for each flat, which would be allotted only to the flat-owners. The parking bay of two-wheelers would be 0.8m x 2.5m unless otherwise specified in the zoning plan. No car parking would be allotted to any apartment owner in such projects. The balance available parking space, if any, beyond the allocated two-wheeler parking sites, can be earmarked as free-visitor-car-parking space. Additional parking norms and parameters, if any, can be specified in the zoning plan.

He said that the colonizer would be required to provide one built-up Community Hall of not less than 2000 sqft and one built-up Anganwadi-cum Crèche of not less than 2000 sqft area. No other community sites would be required to be provided in such project.

A commercial component of four per cent would be allowed in the project to enable the colonizer to maintain the colony free-of-cost for a period of five years from the date of grant of occupation certificate, after which the colony would stand transferred to the “association of apartment owners” constituted under the Haryana Apartment Ownership Act 1983, for maintenance. The colonizer would not be allowed to retain the maintenance of the colony either directly or indirectly (through any of its agencies) after the end of the five years period. Engaging any agency for such maintenance works would be at the sole discretion and terms and conditions finalized by the “association of apartment owners” constituted under the Apartment Ownership Act 1983.The maximum allotment rate on per sqft carpet area basis for the Apartment units approved under such projects would be Rs 4000 for Gurgaon, Faridabad, Panchkula and Pinjore-Kalka, Rs 3600 for other high and medium potential towns and Rs 3000 for low potential town.

 Under the eligibility criteria of the scheme, any person can apply but person which includes his or her spouse or his or her dependent children who do not own any flat or plot in any HUDA developed colony or sector or any licenced colony in any of the Urban Areas in Haryana, UT of Chandigarh and NCT Delhi would be given first preference in allotment of flats. An applicant in a specific colony would make only one application. Any successful applicant under this policy would not be eligible for allotment of any other flat under this policy in any other colony. In case, he or she is successful in more than one colony, he or she will have choice of retain only one flat. All such applicants would have to submit an affidavit to this effect.

Upto 5 per cent of the total number of flats as approved in the building plans could be allotted by a licensee to its employees, associates, friends, relatives etc. subject to the disclosure of their name and address and other identification details to the allotment committee and the allotment procedure for such flats would also be completed along with the draw of flats for general category flats. The rates and eligibility criteria prescribed under this policy would continue to be applicable on such preferential allotments also and the allotment procedure would be completed along with general category flats. In case fewer allotments are made for such preferential category flats, the extra availability would be merged with general category allotments.

The draw for allotment of apartments would be held under the supervision of a committee constituted for the purpose by following a transparent procedure. Advertisements for booking of apartments would be issued by the colonizer on two occasions at one week interval in one of the leading English National daily and Two Hindi Newspapers having circulation of more than ten thousand copies in the State to ensure adequate publicity of the project and should include details like allotment rate, schedule of payment, number and carpet area of apartment etc.

 All flats in a specific project would be allotted in one go within four months of sanction of building plans or receipt of environmental clearance whichever is later and possession of flats would be offered within the validity  period of four years of such sanction or clearance. Any person interested to apply for allotment of flat in response to such advertisement by a colonizer may apply on the prescribed application form alongwith five per cent amount of the total cost of the flat. All such applicants would be eligible for an interest at the rate of ten per cent per annum on the booking amount received by the developer for a period beyond 90 days from the close of booking till the date of allotment of flat or refund of booking amount as the case may be.

The applicant will be required to deposit additional 20 per cent amount of the total cost of the flat at the time of allotment of flat. The balance 75 per cent amount will be recovered in six equated six monthly installments spread over three-year period, with no interest falling due before the due date for payment. Any default in payment would invite interest of 15 per cent per annum. The project-wise list of allottees would also be hosted on the website of the Department.

The scrutiny of applications by the joint team of colonizer and the concerned District Town Planner (DTP) would be completed within three months from the last date of receipt of applications as indicated in the advertisement.  On completion of scrutiny, the concerned Senior Town Planner would fix the date of draw of lots. Simultaneously the ineligible applications would be returned within one month of completion of scrutiny by the colonizer indicating the grounds on which the applications have been held to be ineligible alongwith the five per cent booking amount received from such applicants. No interest in such case would be paid. After fixation of date for draw of lots, an advertisement would be issued by the colonizer informing the applicants about the details regarding date and time and venue of the draw of lots in the same newspaper in which the original advertisement was issued. The allotment of apartments would be done through draw of lots in the presence of a committee consisting of Deputy Commissioner or his representative (at least of the cadre of Haryana Civil Services), Senior Town Planner (Circle office), DTP of the concerned district and the representative of colonizer concerned.

 Only such applications would be considered for draw of lots which are complete and which fulfill the criteria laid down in this Policy. However, it is possible that some of the application forms have certain minor deficiencies like missing entry on the application form, incorrect or missing line in affidavit, illegible copies of certain documents etc. Such applications may also be included in the draw of lots. However, in case any of such applications are declared successful in the draw of lots, applicants may be granted an opportunity of removing the shortcomings in their application in all respects within a period of 15 days, failing which their claim would stand forfeited. The said 15 days period would start from the date of publication of the list of successful allottees in the newspaper marking those successful applications with minor deficiencies for information and notice of such applicants for removing such deficiencies and submit the same to the concerned DTP. The list of such successful allottees would also be maintained on the website of the Department.

 A waiting list for a maximum of 25 per cent of the total available number of flats available for allotment may also be prepared during the draw of lots who can be offered the allotment in case some of the successful allottees are not able to remove the deficiencies in their application within the prescribed period of 15 days. In case of surrender of flat by any successful applicant, an amount of Rs 25,000 may be deducted by the colonizer. Such flats may be considered by the committee for offer to those applicants falling in the waiting list. However, non-removal of deficiencies by any successful applicant would not be considered as surrender of flat, and no such deduction of Rs 25,000 would be applicable on such cases. If any wait listed candidate does not want to continue in the waiting list, he may seek withdrawal and the licencee would refund the booking amount within 30 days, without imposing any penalty. The waiting list would be maintained for a period of two years, after which the booking amount would be refunded back to the waitlisted applicants, without any interest. All non-successful applicants would be refunded back the booking amount within 15 days of holding the draw of lots.

 If any successful applicant fails to deposit the installments within the time period as prescribed in the allotment letter issued by the colonizer, a reminder may be issued to him for depositing the due installments within a period of 15 days from the date of issue of such notice. If the allottee  still defaults in making the payment, the list of such defaulters may be published in one regional Hindi news-paper having circulation of more than ten thousand in the State for payment of due amount within 15 days from the date of publication of such notice, failing which allotment may be cancelled. In such cases also an amount of Rs 25,000 may be deducted by the colonizer and the balance amount would be refunded to the applicant. Such flats may be considered by the committee for offer to those applicants falling in the waiting list. . The colonizer would issue advertisements on three separate occasions in case adequate number of applications are not received, after which if the situation continues to persist, the Government would take a decision on the further continuance of such project on case-to-case basis on individual merits.

Once an apartment is allotted, the same cannot be transferred by the colonizer to any other person by documentation in its records. Such apartments would also be prohibited for transfer or sale up to one year after getting the possession of the flat to avoid speculation and to provide housing to the genuine persons. Breach of this condition will attract penalty equivalent to 200 per cent of the selling price of the flat. The Penalty will be deposited in the Fund administered by the Town and Country Planning Department so that the infrastructure of the State can be improved. Failure to deposit such penalty would result in resumption of the flat and its re-allotment in consultation with the Department. The transfer of property through execution of irrevocable General Power of Attorney (GPA) where the consideration amount has been passed to the executor or any one on his behalf will be considered as sale of the property and same will be counted as breach of terms and conditions of the policy. Penal proceedings as per the prescribed provisions above would be initiated.