Real Estate and Housing Association of Bangladesh: Bye-Laws on Code of Business Conduct
Wednesday, 26 November 2008
REHAB is committed towards the enhancement and growth of the Real Estate Sector of Bangladesh. REHAB members recognise that for sustainable long term growth of this sector, they must conduct their business with a high degree of professionalism, fairness, integrity and ethics.
In recognition of the member's responsibility and obligation to Customers, Land Owners, fellow members, the public and the country, the Executive Committee of the Real Estate Housing Association of Bangladesh 2008-2009 exercising the power conferred upon it under clause VI. B of the Memorandum and Articles of Association of the Real Estate Housing Association of Bangladesh incorporated under the companies ACT, 1913 (new 1994) does hereby approve and adopt the Bye-Laws on Code of Business Conduct with the tenets set forth hereunder to be followed by its members.
Violation of the Code of Business Conduct by any member of Rehab shall be considered to be prejudicial and detrimental to the interest of the Real Estate Sector and the association and the Executive Committee may issue a show cause to the offending member. Such notice shall specify the date, place and time of hearing so as to allow the member an opportunity to defend himself before the Executive committee. If the Executive Committee finds enough grounds to conclude that the said member has violated the Code of Business Conduct as outlined in this Bye-Laws, then the Executive Committee may suspend or cancel the membership of the offending member provided that the meeting of the Executive Committee so convened shall be attended by at least two-third members of the Executive Committee and four fifth of the members present shall vote in favour of the resolution.
Such cancellation of the membership of an offending member may be intimated to the public through media.
A. Code of Business Conduct with Customers:
01. REHAB members shall not commence or run construction work of the building or development work of the land project without obtaining the approval of the appropriate authority of the Government like RAJUK, CDA, KDA, RDA etc.
02. REHAB members will not enter into any agreement for sale of an apartment or plot of land with any customer nor advertise any project with the intent to sell without getting the plan of the building or the land project approved by the competent authority of the Government, that is RAJUK, CDA, KDA, RDA etc.
03. REHAB members may issue letter of allotment and may execute deed of agreement with customers in accordance to their own format or in accordance with the standard format of such agreement as prepared by REHAB. However, the said deed of agreement must clearly specify the size, price of apartment/ (plot of land), the price of the parking space (if any), the cost of utility connections (these may be charged at actual or a fixed amount may be mentioned) and the amount for reserve fund for the apartment owners association. The deed of agreement must also state whether the customer or the REHAB member will pay for gains tax, registration fees, stamp duties and other known or unknown government levies e.g. VAT that may be imposed from time to time. The schedule of payment to be made by the customer must be clearly shown and the consequence of default/delay in payments by the customer must be specified. The said deed of agreement must also stipulate the consequence of delay in handover of the apartment/ ( plot of land) to the customer on account of the REHAB member. The said deed of agreement must also
outline the consequence of the project being abandoned by the REHAB member. The procedure for settlement of dispute between the customer/ REHAB member through mediation as stipulated in section E of this Bye-laws must be mentioned.
04. The gross area of the flats as mentioned in the deed of agreement shall mean the area of the apartment measured from outside perimeter of the apartment plus the proportionate share of the common area meaning stair landing area, reception area, committee room area, mosque etc.
05. If at the time of handover of the apartment to the customer it is found that the gross area of the apartment is more or less than the originally agreed area [ beyond a tolerance limit of 2% (two percent)], then either party shall be liable to compensate the other. However, the customer reserves the right to get refund of his money along with interest at bank deposit rate if he does not wish to accept the larger apartment (beyond 2% tolerance).
06. REHAB members will not change or substitute the apartment or plot of land originally allotted to the customer without the customer's written consent.
07. REHAB members will not cancel the allotment of the apartment or plot of land for non payment of dues by the customer without serving the customer 60 (sixty) days notice to cancel the same. The cancellation may also be done upon an application by the customer to such effect. Upon cancellation of the allotment, the REHAB member will refund the amount paid by the customer within 60 (sixty) days of the cancellation forfeiting 10% (ten percent) of the amount paid by the customer.
08. REHAB members will deliver the allotted apartment/ plot of land to the customer as per the schedule date of handover mentioned in the deed of agreement. In case of delay in the handover of the allotted apartment/ plot of land, the customer will be entitled to rental compensation as per market rate to be paid on a monthly basis. The customer will be entitled to this compensation only provided he/she has paid all installments payable to the REHAB member within the due date as mentioned in the Deed of Agreement. The rental compensation amount must be mutually agreed and mentioned in the deed of agreement. Provided however that such delay in handover of the apartment/ plot of land is not due to circumstances beyond the control of the REHAB member such as natural disasters, political turmoil, unusual rise in the prices of the building material, delay in getting utility connection from the concerned authority or other force majeure.
09. REHAB member shall not be held responsible for the failure of government agencies to provide the necessary utility services e.g. gas, water sewerage, electricity etc. However, REHAB member must be able to prove that he did apply to the concerned Govt. agency for the necessary utility services on time
10. Notwithstanding the price of the apartment as mentioned in the deed of agreement between the REHAB member and the customer, in case of abnormal increase in the prices of the construction materials in the market [more than 10% (ten percent)], the REHAB member may charge the customer a price escalation for the apartment. however, the deed of agreement must mention the current prices of the various major construction materials at the time of signing the deed of agreement and the REHAB member must justify the price escalation imposed on the customer by producing invoices of the major construction materials during the period of construction and the quantities of these materials used in the construction of the apartment allotted to the customer.
11. REHAB members shall use construction materials as specified in the brochure or deed of agreement with the customer.
12. If the customer wishes to supply his own finishing materials to the REHAB member during the construction of the apartment, REHAB member may accept this request of the customer if the construction schedule of the REHAB member so permits and provided the customer supplies the finishing materials as per the schedule date given by the REHAB member. If the customer fails to deliver the finishing materials as per the schedule date, then the REHAB member may complete the work as per his standard specifications. In the event that the customer does supply his own finishing materials, he/she shall be entitled to a refund of the construction materials that he/she is substituting. Considering the extra overhead costs incurred by the REHAB member in fulfilling such request of the customer, the REHAB member is obligated to refund upto 80% (eighty percent) of the price of the substituted construction materials to the customer.
In recognition of the member's responsibility and obligation to Customers, Land Owners, fellow members, the public and the country, the Executive Committee of the Real Estate Housing Association of Bangladesh 2008-2009 exercising the power conferred upon it under clause VI. B of the Memorandum and Articles of Association of the Real Estate Housing Association of Bangladesh incorporated under the companies ACT, 1913 (new 1994) does hereby approve and adopt the Bye-Laws on Code of Business Conduct with the tenets set forth hereunder to be followed by its members.
Violation of the Code of Business Conduct by any member of Rehab shall be considered to be prejudicial and detrimental to the interest of the Real Estate Sector and the association and the Executive Committee may issue a show cause to the offending member. Such notice shall specify the date, place and time of hearing so as to allow the member an opportunity to defend himself before the Executive committee. If the Executive Committee finds enough grounds to conclude that the said member has violated the Code of Business Conduct as outlined in this Bye-Laws, then the Executive Committee may suspend or cancel the membership of the offending member provided that the meeting of the Executive Committee so convened shall be attended by at least two-third members of the Executive Committee and four fifth of the members present shall vote in favour of the resolution.
Such cancellation of the membership of an offending member may be intimated to the public through media.
A. Code of Business Conduct with Customers:
01. REHAB members shall not commence or run construction work of the building or development work of the land project without obtaining the approval of the appropriate authority of the Government like RAJUK, CDA, KDA, RDA etc.
02. REHAB members will not enter into any agreement for sale of an apartment or plot of land with any customer nor advertise any project with the intent to sell without getting the plan of the building or the land project approved by the competent authority of the Government, that is RAJUK, CDA, KDA, RDA etc.
03. REHAB members may issue letter of allotment and may execute deed of agreement with customers in accordance to their own format or in accordance with the standard format of such agreement as prepared by REHAB. However, the said deed of agreement must clearly specify the size, price of apartment/ (plot of land), the price of the parking space (if any), the cost of utility connections (these may be charged at actual or a fixed amount may be mentioned) and the amount for reserve fund for the apartment owners association. The deed of agreement must also state whether the customer or the REHAB member will pay for gains tax, registration fees, stamp duties and other known or unknown government levies e.g. VAT that may be imposed from time to time. The schedule of payment to be made by the customer must be clearly shown and the consequence of default/delay in payments by the customer must be specified. The said deed of agreement must also stipulate the consequence of delay in handover of the apartment/ ( plot of land) to the customer on account of the REHAB member. The said deed of agreement must also
outline the consequence of the project being abandoned by the REHAB member. The procedure for settlement of dispute between the customer/ REHAB member through mediation as stipulated in section E of this Bye-laws must be mentioned.
04. The gross area of the flats as mentioned in the deed of agreement shall mean the area of the apartment measured from outside perimeter of the apartment plus the proportionate share of the common area meaning stair landing area, reception area, committee room area, mosque etc.
05. If at the time of handover of the apartment to the customer it is found that the gross area of the apartment is more or less than the originally agreed area [ beyond a tolerance limit of 2% (two percent)], then either party shall be liable to compensate the other. However, the customer reserves the right to get refund of his money along with interest at bank deposit rate if he does not wish to accept the larger apartment (beyond 2% tolerance).
06. REHAB members will not change or substitute the apartment or plot of land originally allotted to the customer without the customer's written consent.
07. REHAB members will not cancel the allotment of the apartment or plot of land for non payment of dues by the customer without serving the customer 60 (sixty) days notice to cancel the same. The cancellation may also be done upon an application by the customer to such effect. Upon cancellation of the allotment, the REHAB member will refund the amount paid by the customer within 60 (sixty) days of the cancellation forfeiting 10% (ten percent) of the amount paid by the customer.
08. REHAB members will deliver the allotted apartment/ plot of land to the customer as per the schedule date of handover mentioned in the deed of agreement. In case of delay in the handover of the allotted apartment/ plot of land, the customer will be entitled to rental compensation as per market rate to be paid on a monthly basis. The customer will be entitled to this compensation only provided he/she has paid all installments payable to the REHAB member within the due date as mentioned in the Deed of Agreement. The rental compensation amount must be mutually agreed and mentioned in the deed of agreement. Provided however that such delay in handover of the apartment/ plot of land is not due to circumstances beyond the control of the REHAB member such as natural disasters, political turmoil, unusual rise in the prices of the building material, delay in getting utility connection from the concerned authority or other force majeure.
09. REHAB member shall not be held responsible for the failure of government agencies to provide the necessary utility services e.g. gas, water sewerage, electricity etc. However, REHAB member must be able to prove that he did apply to the concerned Govt. agency for the necessary utility services on time
10. Notwithstanding the price of the apartment as mentioned in the deed of agreement between the REHAB member and the customer, in case of abnormal increase in the prices of the construction materials in the market [more than 10% (ten percent)], the REHAB member may charge the customer a price escalation for the apartment. however, the deed of agreement must mention the current prices of the various major construction materials at the time of signing the deed of agreement and the REHAB member must justify the price escalation imposed on the customer by producing invoices of the major construction materials during the period of construction and the quantities of these materials used in the construction of the apartment allotted to the customer.
11. REHAB members shall use construction materials as specified in the brochure or deed of agreement with the customer.
12. If the customer wishes to supply his own finishing materials to the REHAB member during the construction of the apartment, REHAB member may accept this request of the customer if the construction schedule of the REHAB member so permits and provided the customer supplies the finishing materials as per the schedule date given by the REHAB member. If the customer fails to deliver the finishing materials as per the schedule date, then the REHAB member may complete the work as per his standard specifications. In the event that the customer does supply his own finishing materials, he/she shall be entitled to a refund of the construction materials that he/she is substituting. Considering the extra overhead costs incurred by the REHAB member in fulfilling such request of the customer, the REHAB member is obligated to refund upto 80% (eighty percent) of the price of the substituted construction materials to the customer.