Under section 2 (c) of the new law, by a legal fiction, open space included in the definition of “apartment”. After the Bill passed, the developer will be legally entitled to sell the open space (such as a parking space, Terrace and private garden) for personal and independent. Now, as per the interpretation of laws by the Supreme Court, the sale of open space by the illegal builders, such as land and open space which others will belong to the community. The new law will help builders overcome this assessment well reasoned and profiteer by selling open space.
Part 3 of the Bill provides that a developer should be obliged to treat the registered authority regulation of real estate to a plot measuring 4000 square meters or more. Most of the buildings were built in smaller plots. Therefore, this provision shall not apply to most developers.
Article 18 of the Act provides for the establishment of a real estate regulatory authority consists of one Chairman and two members. There is no law mandates the appointment of any officer of the judicial authority. So, given the way the function of our country, an appointment may be made to support people with “connections”. The composition of the authority and powers of the three members would be inadequate for coping with construction projects and development are being carried out throughout the country. Also, it will be difficult for the common man to approach a centralized authority.