Code of Conduct Credai Kolhapur
The aim of this code of conduct for Developers, Promoters and Builders is to maintain the honour and dignity of Developers, Promoters and Builders in general, to secure the spirit of friendly co-operation between the Developers, Promoters and Builders and their customers in the promotion of highest standard of promotion, development and building activities and to establish transparency, and fair dealing between the developers, promoters and builders with their customers; and to establish a spirit of brotherhood within the Associations of Developers, Promoters and Builders to try and ensure that Developers, Promoters and Builders discharge their responsibilities to the community in general.
For the aforesaid objectives the member of CREDAI-Kolhapur desire to adopt the following norms of conduct. (However, specific mention of the following norms of conduct / rules shall not be construed as conferring upon the members and / or the customers and / or the premise purchasers any legal right enabling them to enforce the same in Court of Law of otherwise).
If any member is found to violate the code, action can be taken against him by the CREDAI-Kolhapur (even to the extent of his membership being discontinued) subject to a detailed enquiry by a select committee whose recommendations if endorsed by the Managing Committee and by the General Body of the respective member association, would lead to a written warning/reprimand or termination of membership of the member.
Any such action proposed to be taken by the managing Committee shall be put in to effect 30 days after communicating the proposed decision to the member in writing by Registered Post Acknowledgement due at his address as per records of the Association. The member can appeal the decision of the Managing Committee to the General Body of the CREDAI-Kolhapur whose decision shall be final and binding. This appeal must be lodged within 30 days of the date of communication by the Managing Committee failing which the decision communicated shall be final and binding.
The member may appeal against this decision to the CREDAI (national) within 30 days of this communication from CREDAI-Kolhapur. The CREDAI (national) will hear this matter within 30 days thereafter and communicate the final decision to CREDAI-Kolhapur as also the individual member.
Once the decision to discontinue the membership is finalized the association will have to inform in writing to all local statutory authorities of this action as also publish a notice in the local newspapers for information to public at large with regard to the discontinuation of the membership of that developer. Additionally all the CREDAI (national) and other member associations will be duly informed of the same and should the member be a member of any other CREDAI association then it is for them to decide on course of action for that membership in light of this termination of membership.
Code of Conduct
We, the member associations of CREDAI-Kolhapur adopt the following code of conduct. Any addition / Deletion can be effected from time to time with the consent of the General Body. Proposals must be circulated 30 days prior to the General Body meeting.
There should be a true disclosure of the property under development in the "Title Certificate" from a solicitor /Advocate showing the rights and obligations of the developers along with the Agreement for sale.
2. INSPECTION OF SANCTIONS
All sanction from the sanctioning authorities like approved plans and commencement certificates, N.A. permission, exemption order under U.L.C. Act (if required) etc., should be made available for perusal of the purchaser at the time of signing the agreement.
3. BOOKING OF PREMISES
The Developer should normally commence booking / Sale of flats / premises only after obtaining sanction of plans and commencement certificate and clearances from the competent authorities. If booking is entered into with purchasers before obtaining all required clearances the purchaser must be made aware of this fact at the time of this booking and if necessary by way of a true disclosure in the agreement and or the title certificate.
The Developer should enter in to a proper agreement as per the relevant Acts immediately on receipt of Earnest Money or any Deposit from the purchaser of flats / premises.
Payment receivable under the Agreement for sale should be scheduled according to the progress of the work and as per the provisions of the relevant Acts or as may be mutually agreed between the purchaser and developer.
The developer should not enhance the price of the flats / premises once the agreement for sale is executed on any account whatsoever; except for additional levies, taxes, court orders or in terms of the relevant Acts or under force majeure conditions. However, if there is a specific understanding between the Developer and Purchaser which is spelt out in the agreement, escalation can be charged on mutually agreed formula orterms.
7. CONSTRUCTION OF BUILDING
The developer should construct the building only as per the rules / sanctioned plan and regulations of the Authority. Any variations should be within prescribed and permitted and prevailing norms/rules
8. QUALITY OF CONSTRUCTION
The Developers must ensure good quality materials and proper workmanship. Specifications as per agreement should be adhered to and statutory specifications of the Local Planning Authority should be complied with. Proper technical supervision on site should be ensured through qualified and experienced technical personnel in addition to usual qualified structural engineers and architects.
9. PLANS & SALEABLE AREA
(a) Shall conform his building plans strictly to the prevailing regulations and bylaws.
(b) Shall make available copies of sanction plan and other permissions available to the purchaser on request.
(c) Shall display the sanctioned plan date & number in a prominent place at the construction site.
B. SALEABLE/CARPET AREA:- The carpet areas of individual tenements is the area of the inner measurements of the tenement at floor level excluding the column offsets and wall finishes but will include the areas of balconies, cupboards, accessible internal projections including private terraces and the door/window jambs and will also include the following detached habitable area, if any, such as servants' room etc. for exclusive ownership.
(a) Mezzanine floor/lofts, if any.
(b) An agreed %age of the double heights rooms orterraces, if any.
(c) An agreed %age of the private/reserved carparks allotted or sold to the customer for exclusive use.
(d) An agreed %age of the private/reserved garden or ground area allotted or sold to the customer for exclusive use. All agreed %ages referred to above shall be stated in the agreement of sale A member shall offer his units for sale based on either carpet area as above or "saleable/built up area", which will be arrived at by adding to the carpet area, all wall, column thicknesses, proportionate share from the common areas such as entrance lobby, staircases, upper floor lobbies and landings, lift cores at every level, lift machine rooms, generator room, electrical room/ substations/ transformers, gas banks, garbage room, club house, security room, indoor sports room/s, security cabin, general toilets for servants / drivers and any such amenities/rooms or designated spaces provided these have not been charged separately plus any other common constructed areas not mentioned herein above.
CREDAI-Kolhapur may from time to time adopt standard procedure for ease of the purchasers a certain percentage of area in lieu of proportionate share from the common areas as above which then will be applicable to all the members and the purchasers as a standard practice.
Ground space for garden or any other purpose and / or terrace space to be allotted for exclusive use if any shall be indicated transparently and charged for separately. Plinth area shall be computed by measuring from wall to wall. While exclusive wall shall be fully accounted, shared walls shall be split. All agreements for sale of any premises shall contain a floor plan showing the internal dimensions from which the carpet can be computed.
Details showing how the saleable area is arrived at with specific details of the common area shall be disclosed with clarity duly certified by an architect as per above norms at the time of booking.
Saleable area shall not include:-Underground sump, water tanks, compound walls, septic tank, open to sky walk ways, , open to sky swimming pool, open sports facilities, chajjas, weather sheds, unaccessible flower beds, lofts, common open to sky terraces, stairwell ducts and voids etc. and the like.
10. CONSTRUCTION, TIME FRAME, PENALTY, GENERAL CONDITIONS:
A member (a) Shall in his agreements disclose a definite time frame for completion of construction up to the stage of occupation or completion - The construction shall be deemed to be complete when certified by the project architect & provided certain minimum amenities are properly provided where necessary such as ramp to enter the basement, compound wall with gates, staircase leading to the terrace, underground and overhead water tanks with adequate capacity, ladder leading to the overhead tank besides such other basic requirements to make the complex habitable are provided, whether mentioned specifically in the list of specifications or not. (b) Shall incorporate in the agreements, a clause applicable in case of a delay in completion of construction to transparently state the conditions under which compensation to the Purchaser would be due.
11. COMPONENTS OF COST
A member shall, in the agreement with purchasers clearly mention the components of the sale price and any and all other receivables. Unmentioned charges and /or costs shall not be collected from purchasers. The agreements should transparently & clearly spell out all the amounts and charges recoverable based on actual such as
(i) Proportionate share of the deposits, costs, on the basis of sq.ft/sq.mts of saleable area or on unit basis for obtaining connections from electricity board and water authority and access from road authorities. Proportionate share of amounts paid to the sanctioning authority by way of development charges, scrutiny fee. If the exact share is not available at the time of signing the sale agreement, an approximate estimate shall be provided.
(ii) Stamp duty, registration fee, expenses or any other levies for registration of the sale deed.
(iii) Service Tax/ Vat Tax on works contract, or any other tax from time to time if applicable.
(iv)Advocate's fee for registration / documentation charges.
(v) Cost, expenses, fee etc for formation of Society/Association of Apartment Owners/Body corporate and registration of deed of Declaration etc.
(vi) Maintenance deposit / charges or one time maintenance charge.
(vii) Taxes, levies and charges to the statutory authority.
(viii) Any charges or deposits incurred for labour welfare or environment clearances, pollution control boards etc. as may be statutorily required including any new charges levied by the statutory authorities during the period between booking and completion.
12. DESCRIPTION OF AMENITIES
All amenities and common facilities should be clearly mentioned in the agreement for sale and same should be complied with. The developer should also ensure transfer of common amenities to the association by a proper deed as may be appropriate.
13. INFRASTRUCTURAL REQUIREMENTS
All conditions with regard to infrastructure as set out in the approval of the layout plan by Municipal Authority or Planning Authority should be fully complied with by the Developer. The building and its premises should be left in a clean and habitable condition.
14. TREE PLANTATION
Tree plantation should be done near/at sites as per local rules or the CREDAI-Kolhapur recommendation of 5 trees per 1000 sq.mtrs of plot area, except where it is not possible in congested areas.
15. LABOUR WELFARE
Members are encouraged, at large sites (more than 10,000 sq.mtrs) to have creches and educational facilities for the children of the labour, be provided along with other possible labour welfare activities, such as periodical medical check-ups, insurance etc.
16. REFUND OF MONEY
In case the completion of the building is delayed beyond the period stipulated under the agreement for sale with the flat purchaser and with full regard to force majuere conditions mentioned in the agreement, the Developer should return all the moneys received by him from the flat purchaser, along with interest as specified in the agreement. Suitable refund condition or compensation should be clearly mentioned in the agreement.
Developer shall incorporate in the agreements, a clause to the effect that in the event of nonpayment of installments or other components of agreed sale price, the cancellation and forfeiture of any amount shall be in terms of the agreement which must transparently state addressing issues such as amount of forfeiture, interest charges, liquidated charges, period for repayment etc.
(i) Shall clearly indicate in his agreements, the type of conveyance proposed to be effected i.e. whether undivided interest or the unit as a whole or by means of any other scheme and also mention either the extent of divided or undivided interest in sq.ft. / sq. mtr. or the percentage of undivided interest and in any case shall take care to ensure that aggregate of divided or undivided interest in land allotted to all the units of a project shall not be in excess of the extent of land.
(ii) Shall allot specific interest and / or entitlement in land for every car parking space,
(iii) Shall make available the copies of title documents to the purchasers on request, (iv) Shall incorporate a condition in his agreement to the effect that all the covenants other than those specific to a particular unit such as rate, area etc. Shall be common to all the purchasers of a particular project. If the developer intends to reserve some specific rights such as allotment of ground space for garden (in the setback area), terrace, car park (in the setback area) for private use of some units, such intention shall also be mentioned in all the agreements pertaining to the project.
The developer should ensure timely completion, physical possession, as committed to buyer. It shall be builder's responsibility to obtain completion / occupation certificate from the local authority. Developer shall incorporate in his agreements, a clause that the delivery / possession of the flat shall be given to the client against complete settlement of the entire consideration and all other components of sale price/quotation.
20. DEFECT LIABILITY PERIOD
Developer shall incorporate in his agreements, a clause for defect liability for a minimum period of 12 months or as per prevailing laws (whichever is more) from the date of handing over of possession or intimation to their clients regarding the readiness to hand over possession, whichever is earlier and which shall be limited to the defects in the construction (i.e. structure) and not on the bought out materials most of which are covered under varied warranty periods by the manufacturers themselves. However, in the event of recurring problem with the bought out materials, the member shall co-operate with the purchaser in sorting out the issue. This defect liability shall not cover force majeure situations such as damage resulting from war, flood, earthquakes etc.
21. FORMATION OF A SOCIETY OR A BODY CORPORATE:
The developer should take steps for registration of co-operative Hosing Society or any other body corporate as may be decided upon by the developer in the interest of the flat purchasers.
22. SOCIETY ACCOUNT/OTHER DEPOSITS SUCH AS STAMP DUTIES:
The developer shall maintain separate account in respect of any sums received by him from the flat purchases as Advance or Deposit, sums received on account of the capital for promotion of a co-operative Housing Society /Apartment Association or a company or towards the out goings, legal charges, etc, and shall utilize the said amounts only for the purpose for which they have been received. Such accounts should be given to the Society /Association / company not later than 3 months from handing over the charge of the building to such Society/ Association / Company and / or within a period of 3 months from the date of final conveyance, whichever is later.
23. TRANSFER CHARGES:
If a transfer charge is to be charged it must be spelt out in the agreements and should not exceed more than 2% of the purchase price for transferring the rights of the flat purchaser under an agreement for sale. Any such consent by the developer to the flat purchaser for transferring his rights under agreement of sale should not be unreasonably withheld, provided the flat purchaser pays, and / or is ready and willing to pay full amount of consideration under the agreement for sale together with transfer fees as aforesaid and other dues payable.
24. TRANSFER OF TITLE:
The developer should not inordinately delay the execution of the conveyance or any other similar instrument in favour of the common organization of the flat holder, after the development and sale of entire scheme and after all amounts payable by the purchasers are paid to the developer.
(a) A member may disclose in his brochures / hand-outs/ advertisements or any other publicity material that he is a member of CREDAI-Kolhapur.
(b) May incorporate a clause in his brochures and or agreements that the same is subject to arbitration by the designated committee of Arbitrators appointed by the CREDAI-Kolhapur.
26. HANDING OVER OF ORIGINAL OR CERTIFIED COPIES
OF TITLE DEEDS, SERVICE DRAWINGS, ETC:
The developer should at the time of transfer hand over to the society / apartment / association / company all original title deeds or certified copies as maybe available and related documents as well as certified copies of sanctioned plan of the buildings including all external service drawings and structural drawings.
27. INSPECTION BYTHE CLIENT:
The developers shall incorporate necessary clause in the agreement in order to enable the client deriving the rights to inspect the premises during the course of construction.
28. CONSUMER REDRESSAL FORUM :
CREDAI-Kolhapur will undertake steps to form a consumer redressal forum to address the grievances of consumers against the developer members:
1.Complaints should be considered / entertained by CREDAI-Kolhapur only if the builder is a member of the association and will be restricted to customer builder disputes alone
2.The modalities for such intervention or mediation or arbitration shall be worked out independently by CREDAI-Kolhapur
3.The consumer redressal forum will not adjudicate on any issue in which is subjudice with any court or consumer forums.
4.CREDAI-Kolhapur, member in all the agreements with the Purchaser may insert a clause that in the event of there being any dispute with regard to the Agreement/s, which is not resolved by negotiation with the Purchaser, the same may be referred for mediation by CREDAI-Kolhapur. If the parties (CREDAI-Kolhapur & the purchaser) are unable to arrive at an amicable settlement in the mediation, the aggrieved party may approach court of law or have the matter referred for arbitration as agreed by them under the Agreement.
5. The CREDAI-Kolhapur shall form a Mediation committee/consumer redressal forum of Five members who shall deal with the matters referred to the member association. The procedure for mediation and other modalities shall be worked out independently by CREDAI-Kolhapur.