RERA holds in within some special type of necessary action that a promoter should take, that he has to register the real estate project with the real estate regulatory authority. On account of the failure of such registration the promoter on that note cannot advertise, book, market, sell or offer to purchase in any context in the said project or part thereto. The promoter in that context is the main key player to get the benefit under the act in reference to the registration.
Who is a promoter?
The RERA provides for the meaning of promoter and quotes as, a per a person who constructs or causes the construction of an independent building or a building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons and includes his assignees. The abovesaid definition under the act is very wide. It involves the new construction of the existing building, plotting of the land, contractor, and natural persons.
Under RERA, All builders and promoters who undertake a real estate project with over 8 units or 500 square meters of development shall obtain RERA registration. And, fall under the ambit of RERA regulations.
Registration to real estate authority
Section 3 of RERA provides for the registration of the real estate projects:
- Where the area of the land does not exceed 500 square meters or the 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 is only of renovation or repair or re-development. It does not involve marketing, advertising, selling, or new allotment of any apartment, plot, or building.
The real estate agent should also get the registration as an agent before dealing with the real estate project.
Application for registration under RERA
Section 4 of the act mandates that the promoter needs to make an application along with the fees for the registration of the project. And, as per the conditions laying under the Act, the documents should also be attested with it. The documents that need to attach with the application are:
- A copy of the commencement and approval certificate signed by the competent authority.
- All the plans related to the project like a sanctioned plan, layout plan, all the specification related to the project as sanctioned by the competent authority
- Promoters declaration along with the affidavit
The validity of registration under RERA
The tenure of the registration will be valid for the time period of the entire project which is mentioned in the application for registration. The authority can extend the registration on an application on behalf of the promoter in the following situations:
Situations like war, flood, fire, cyclone, etc. it means like an act of God and the circumstances where there are unforeseen situations other than that the authorities can extend the registration up to one year if they deem fit so.
Process of registration and documentation
RERA is a matter concern of state list and thereto each state has their own rules and regulation in reference to the same. The process of registration is wholly digitalized. And, one needs to apply online for the same with the relevant documents. Some of the documents the registration process are as follows:
- PAN card of the promoter
- Parking slot available in real estate project
- Legal title deed
- Commencement certificate of the project
- The sanctioned plan, layout plan, location details of the project
- The plan of development
Revocation of registration
Every act provides for certain circumstances where the registration or any type of certificate can be revoked or suspended. In the same connotation, RERA also provides for the provisions that talk about the circumstances where an already registered project can be revoked. There are two ways in which the authority can take the cognizance and can revoke the license. One is Cuomo to or by the complaint received and this process could be initiated only after giving 30 days prior notice. It must be in written form to the promoter complied with all the grounds of revocation. The authority should give them the opportunity of hearing and direct him to show cause.
The last stage of the process is that after the show cause notice is being returned by the promoter then the authority may consider the same. And, it may also cancel the registration if not satisfied with the reasons mentioned thereto.
A show-cause notice proposing the revocation may be issued on the following grounds:
- If the promoter doesn’t comply with the rules mentioned in RERA
- Violation of any rules, order, or any term or condition.
- Any unfair practice or irregularities or misconduct on part of the promoter can lead to revocation of registration.
Consequences of non-registration
Section 59 of RERA provides for the consequences of registration. It inculcates within a penalty up to 10% of the total estimated project cost. If there is any continuance of default on part of the promoter the section also provides for the additional fine of more than 10 % fine on the cost of the same project. It also imposes criminal liability with imprisonment which may extend to 3 years or it can offer both.
RERA acts as a game-changer in the market. This statement is in connotation that it basically mentions the rule to govern the real estate market. And, also laid down provisions of appointment of a regulatory authority to act as an umpire.
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