Rera Registration

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Rera Registration


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About Rera Registration

The real estate sector has been one of the top-most contributors to the country's Gross Domestic Product (GDP) and employment creation. Surprisingly, inspite of being such an important part of the economy, the real estate sector was unregulated for numerous years. In order to regulate the aforesaid unorganized sector, the Indian Parliament passed a legislation called as The Real Estate (Regulation and Development) Act, 2016 ("RERA") which was made effective on May 1, 2016.

RERA is a central legislation though land is a state subject on which only the state government is empowered to frame laws. Hence, RERA being a central legislation, is adopted by each state government in India in its respective state assembly and has also framed its respective rules and regulations to implement RERA in its territory.

Advantages

Complete information to buyers

The promoter needs to issue an allotment letter to the buyer at the time of booking, including information like sanctioned plans, layout plans and specifications approved by the authorities. The promoter also needs to include details like time schedule of completion, and water, sanitation and electricity provisions.

Booking amount

The amount to be paid by the buyer has been reduced from 20% to 10%, which should be paid only after registering the agreement for sale with the builder. Termination of the agreement is permitted only if the buyer defaults on payment thrice. Buyer is entitled to a 15-day notice.

Registration

It is now compulsory for every builder to register projects with the housing regulatory body, including details like plans, approvals and other credentials.

Advertisement

No promoter is allowed to advertise any project without registering under the real estate project with the Real Estate Regulatory Authority established under this Act. Additionally, each advertisement has to carry the RERA registration number.

Compensation for delayed delivery

To counter the norm of delayed delivery, the promoter is now liable to return the total amount with interest at such rate as mentioned in the agreement to sale if he fails to give property possession within the agreed time period.

Construction Quality

RERA provides protection against any structural defects up to 5 years, that might be found after possession. The promoter is bound to rectify found defects within 30 days, free of charge.

DOCUMENTS REQUIRED FOR REGISTRATION

  • Project-related Documents :
    • Title deed of the land: Document proving the ownership or right to develop the land where the project will be constructed.
    • Layout plan of the project: Detailed plan showing the layout of the buildings, amenities, open spaces, etc.
    • Commencement certificate: Certificate issued by the local authority permitting the construction work to begin.
    • Sanctioned building plans: Approved plans from the concerned authority for the construction of the project.
    • Land ownership documents: Documents establishing the ownership or leasehold rights of the land.
    • Development agreement: If applicable, the agreement between the landowner and the developer for the development of the project.
  • Promoter-related Documents :
    • PAN card: Permanent Account Number (PAN) card of the promoter or developer
    • Aadhaar card: Aadhaar card or any other valid government-issued identity proof of the promoter.
    • Address proof: Proof of address such as utility bills, passport, or driving license.
    • Certificate of Incorporation (in case of companies): Document proving the registration of the company under the Companies Act, 2013.
    • Memorandum of Association (MOA) and Articles of Association (AOA) (in case of companies): Legal documents defining the constitution and objectives of the company.
    • Board resolution (in case of companies): Resolution passed by the board of directors authorizing specific individuals to act on behalf of the company.
    • Power of Attorney (if applicable): Document authorizing an individual to act on behalf of the promoter or developer
  • Financial Documents :
    • Project-wise details of sanctioned plans and cost estimates: Details of the estimated cost of the project and the means of finance
    • Audited balance sheet and profit and loss statement: Financial statements of the promoter or developer for the preceding three years.
    • Details of pending litigation: Information regarding any pending litigation or disputes related to the project or the promoter.
  • Legal Documents:
    • Title clearance certificate: Certificate issued by a legal expert verifying the title of the land and ensuring that it is free from any encumbrances.
    • Encumbrance certificate: Document from the sub-registrar's office confirming that the property is free from any legal dues or liabilities.
    • Completion certificate (if available): Certificate issued by the local authority upon completion of the project, certifying that it complies with the approved building plans and regulations.
    • Sale deed: Document transferring ownership of the land from the seller to the promoter or developer.
    • Joint development agreement (if applicable): Agreement between the landowner and the developer for joint development of the project.

Eligibility

The following real estate projects are not required to be registered:

Where the area of the land does not exceed 500 square meters or number of apartments does not exceed 8 (eight);

Where the Promoter has received completion certificate for a real estate project prior to commencement of RERA; and

Where the work involved is limited only to renovation or repair or re-development and does not involve marketing, advertising, selling or new allotment of any apartment, plot or building.

Penalty

In case of non-registration of the real estate project, a penalty of up to 10% of the estimated project cost and in case of continued default, an additional fine up to 10% of the estimated project cost or imprisonment up to 3 (Three) years or both.

Process

File an application

File an application form along with fee and documents to get registered with RERA

You will receive a registration number

You will receive a registration number from the regulator. This need to be mentioned in every property sale.

On a quarterly basis

On a quarterly basis, you are required to maintain the books of account, records and documents related to the transactions.

Share all the information and documents

Share all the information and documents about the project with the buyer
Further the center has clarified through a press release that the Promoters and agents are required to get their on-going projects registered with 3 months of the Act applies i.e. 31st, July 2017.

Frequently Asked Questions

What Is Real Estate (Regulation And Development) Act (RERA), 2016?

The Real Estate (Regulation and Development) Act, 2016 (the Act, from here on) is an initiative by Indian Government to enhance transparency in the real estate related transactions by creating a systematic and a uniform regulatory environment, thereby protecting consumers’ interest and making real estate developers liable for timely completion of projects.

These are the five major objectives of RERA, 2016.

  • To establish the Real Estate Regulatory Authority (RERA)
  • To promote transparency and efficiency in the sale of real estate projects
  • To protect the interest of consumers in the real estate sector
  • To establish an adjudging mechanism for speedy dispute settlement
  • To set up an Appellate Tribunal to hear appeals from the decisions, directions or orders of the RERA

Yes, this act is applicable to all Indian states excluding Jammu & Kashmir.

Initially, the bill was supposed to cover only residential projects. On further amendments, commercial projects including shops, offices and buildings were also included.

Yes, A Central Advisory council will be set up to advice the Central Government on the implications of the Act to recommend policies in order to protect consumers’ interest and to supervise the growth & development of the real estate sector. In addition, there will be a dedicated Appellate Tribunal set up for RERAs to hear appeals from orders of the RERAs and the adjudicating officer.

The real estate developer has to specify the project completion time in the RERA application form. Hence, the real estate developer is accountable to follow the timelines otherwise , he will suffer losses/ penalties.

  • Upon receiving a complaint against the real estate developer, the RERA can revoke registration under certain conditions:
  • If it is satisfied that the real estate developer has not complied with the rules and regulations stated under the Act or rules & regulations
  • If he has violated the terms & conditions of approval given by competent authority
  • If he is involved in unfair practices to sell, market or advertise his project.

  • RERA will prohibit promoter from accessing its website for that project, specify his name in list of defaulter, display his photograph on its website and also inform RERAs in other States & Union territories about such revocation or registration
  • RERA will direct the bank holding the project back account, to freeze the account, and take necessary actions including consequent de-freezing of the said account to facilitate remaining development work in accordance with provisions of section 8
  • RERA may issue necessary directions to protect interest of allottees.
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