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RERA Registrations and Extensions
RERA REGISTRATIONS AND EXTENSIONS What is RERA? RERA stands for Real Estate Regulatory Authority. It was introduced by the Real Estate (Regulation and Development) Act, 2016. It aims to setup a supervisory authority at the state level to bring transparency to the sector of real estate, by managing the registration and functioning of the real estate projects. Objects of RERA Higher levels of transparency. Setting accountability standards. A dispute resolution system. Easy flow of information between the agent and the buyer. To provide a uniform regulatory environment. Creating investor confidence. Who all need to apply for Registration under RERA? Commercial and Commercial and Local small Incomplete or residential real residential project ongoing projects estate agents projects promoters The act has All the All the The small been projects ongoing real estate extended to exceeding projects agents also commercial 500 square have to need to and metres and apply for apply for residential having more RERA RERA real estate than 8 Registration Registration agents, also units/apartm within 3 under including ent are also months of its respective plotted supported by beginning state laws development this act Who all don’t need to register? If the promoter has already completed the project before the commencement of the act and has a certificate of completion for the If the promoter has same. The area of land is not completed the project more than 500 square If the area of the land is smaller before the metres than 500 sq. mts. then obviously, commencement of the act the act cannot be brought into Who all play. don’t need to register? Again, if there are not more than 8 units in the apartment, the act When there is a There are not more than renovation of the building would not come into play. 8 units in the apartment going on When the repair or renovation of a building is under progress, and does not require the marketing, advertising and selling, then it won’t be necessary to register it under RERA. Project details Copy of Develop- PAN card ment plans Documents Ownership Title deed docu- required to along with ments chain of register an titles ongoing Details of engineers, project Aadhar architects card of the etc. promoter Other Audited docu- ITR for the ments past 3 required years Procedure for RERA application I. Approval of various sale and allotment documents. II. Get a title search report for the proposed land. III. Obtain the mandatory and necessary permissions, licenses and NOCs from the Government Authorities. ...contd. IV. Nextly, you need to apply for the registration by filing the Application Form A with the respective authority. V. Pay the required fees for RERA Registration. Consequences of non- registration According to S. 59 of the Act, there will be a penalty of 10% Consequence s of non- of the estimated project cost registration upon non-registration. In case of continuous default, there will be an additional fine up to 10% of the estimated project cost and an Added 10% penalty or 3 imprisonment of 3 years or Penalty of up to years 10% of imprisonment or both. estimated both for project cost repeated offenders What are RERA Extensions? A RERA Registration is valid for a period that has been decided by the promoter for the completion of the project. A RERA Registration validity period may be easily found out from the affidavit submitted along with the RERA Registration Application. However, this period can be extended to a further time limit if the promoter submits an application for extension to the authorities. However, there are only some specific conditions under which a RERA extension may be granted. Circumstances under which extension may be granted Force majeure Other than Force Majeure In case of a natural calamity affecting the If the authority finds the real estate project. reasons for extension appropriate. *It may be noted that the extension can be granted only for a maximum of 1 year* can a RERA registration be revoked? Yes, a RERA Registration can be revoked under certain conditions. There are certain compliances that need to be followed while the project is in progress. If the compliances are not complied with during the working of the project, there will be revocation of the RERA Registration. What may lead to revocation? Revocation can take place through two ways, which are as under: On the basis of a complaint of non- compliance received by the authority. On suo moto basis by giving a notice to the promoter by the respective authorities on the non-compliance with required terms and conditions. After the preliminary inquiry a show cause notice is sent to the promoter. Grounds for issuance of show-cause notice In case of If he is found violation of to be terms and indulged in conditions by fraudulent the promoter activities or In case of malpractices default by the promoter conclusion Therefore, to conclude we can say that the RERA Act has brought about some great changes in the real estate sector. This act tries to efficiently encourages the small real estate projects and promoters and shows great hope for the future of real estate business in India.
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