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M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/1©DR.C.S. RAMANIGOPAL
REAL ESTATE REGULATORY ACT 2016
IMPORTANT FACTS AND SALIENT FEATURES
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/2
Real Estate Regulatory Authority
Under the Bill,
instead of a regular forum of consumers,
The Purchasers of Real Estate Units from a developer
would have a specialised forum called the "Real
Estate Regulatory Authority" which will be set up
within one year from the date of coming into force
of the Act.
In the interim, the appropriate Government
(i.e., the Central or State Government) shall designate
any other regulatory authority or
any officer preferably the Secretary of the
department dealing with Housing,
as the Regulatory Authority.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/3
Registration with the Regulatory Authority
The promoter has to register their project (Residential as well as
Commercial) with the Regulatory Authority
Before booking, selling or offering apartments for sale in
such projects.
In case a project is to be promoted in phases, then each
phase shall be considered as a standalone project, and the
promoter shall obtain registration for each phase.
Further, in case of ongoing projects on the date of
Commencement of the Act which have not received a
completion certificate, the promoter of such project shall
make an application to the Regulatory Authority for
registration of their project within a period of three months of
the Commencement of the Act.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/4
REGISTRATION WITH THE REGULATORY AUTHORITY – CONTD.,
The following types of projects SHALL NOT BE REQUIRED TO BE
REGISTERED before the Regulatory Authority:
Where the area of land proposed to be promoter DOES NOT EXCEED 500
square meters or the number of Apartments to be constructed in the
project does not exceed eight Apartments. However, the appropriate
Government (Central and State Government) may, if it considers
appropriate, reduce the threshold LIMIT BELOW 500 square meters or 8
Or Eight Apartments;
Projects where the completion certificate has been RECEIVED PRIOR TO
THE COMMENCEMENT of the act;
PROJECTS FOR THE PURPOSE OF RENOVATION OR REPAIR OR RE-
DEVELOPMENT which does not involve marketing, advertising, selling
and new allotment of any apartment plot or building.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/5
REGISTRATION WITH THE REGULATORY AUTHORITY – CONTD.,
The APPLICATION FOR REGISTRATION MUST DISCLOSE the following
information:
Details of the promoter (such as its registered address, type of enterprise
such proprietorship, societies, partnership, companies, competent
authority);
A brief Detail Of The Projects Launched by the promoter, in the past five
years, whether already completed or being developed, as the case may
be, including the current status of the projects, any delay in its
completion, details of cases pending, details of type of land and
payments pending;
An Authenticated Copy Of The Approval And Commencement Certificate
received from the competent authority and where the project is proposed
to be developed in phases, an authenticated copy of the approval and
commencement certificate of each of such phases;
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/6
Registration with the Regulatory Authority – Contd.,
The application for registration must disclose the following information: Contd.,
The sanctioned plan, layout plan and specifications of the project, plan of
development works to be executed in the proposed project and the
proposed facilities to be provided thereof and the locational details of the
project;
Proforma of the allotment letter, agreement for sale and conveyance deed
proposed to be signed with the allottees;
Number, type and carpet area of the apartments and the number and areas
of garages for sale in the project;
The names and addresses of the promoter's Real Estate Agents, if any, and
Contractors, Architects, Structural Engineers affiliated with the project; and
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/7
Registration with the Regulatory Authority – Contd.,
A Declaration By The Promoter Supported by AN AFFIDAVIT
stating that:
He has a legal title to the land, free from all encumbrances, and in case
there is an encumbrance, then details of such encumbrances on the land
including any right, title, interest or name of any party in or over such
land along with the details;
the time period within which he undertakes to complete the project or the
phase; and
70% of the amounts realised for the real estate project from the allottees,
from time to time, shall be deposited in a separate account to be
maintained in a scheduled bank to cover the cost of construction and the
land cost and shall be used only for that purpose.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/8©DR.C.S. RAMANIGOPAL
CARPET AREA
Under the Bill, Developers Can Sell Units Only On Carpet
Area, which means the Net usable Floor Area of an Apartment.
This excludes the area covered by the external walls, areas under
services shafts, exclusive balcony or veranda area and exclusive
open terrace area, but includes the area covered by the
internal partition walls of the apartment.
As per the Act, Carpet area is defined as
Including usable floor area excluding area under external walls,
area under service shafts, exclusive balcony or exclusive terrace
but includes the area covered by internal walls.
Exclusive balcony/exclusive terrace apartment to carpet area
can be sold along with flat.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/9©DR.C.S. RAMANIGOPAL
Suggestion:
Developers need to mention only carpet area and lump sum
price for the flat.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/10
70% OF REALISATION FROM ALLOTTEES IN A SEPARATE
BANK ACCOUNT
The Act mandates that a promoter shall deposit 70% of the amountmandates that a promoter shall deposit 70% of the amount
realised from the allottees, from time to time, in a separate account to be
maintained in a scheduled bank. This is intended to cover the cost of
construction and the land cost and the amount deposited shall be used
only for the concerned project.
The promoter shall be entitled to withdraw the amounts from the separate
account, to cover the cost of the project, in proportion to the percentage
of completion of the project. However, such withdrawal can only be madewithdrawal can only be made
after it is certified by an engineer, an architect and charteredafter it is certified by an engineer, an architect and chartered accountantaccountant
in practice that the withdrawal is in proportion to the percentage of
completion of the project.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/11
70% OF REALISATION FROM ALLOTTEES IN A SEPARATE
BANK ACCOUNT
The promoter is also required to get his accounts audited
within six months after the end of every financial year by a
practicing chartered accountant. , Further, he is required to
produce a statement of accounts duly certified and signed by
such chartered accountant, and it shall be verified during the
audit that
(i) the amounts collected for a particular project have been
utilised for the project; and
(ii) the withdrawal has been in compliance with the proportion
to the percentage of completion of the project.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/12
ACCEPTANCE OR REFUSAL OF REGISTRATION
Upon receipt of an application by the promoter, the Regulator Authority
shall within a period of 30 days, grant or reject the registration.
Upon granting a registration, the promoter will be provided with a registration
number, including a login Id and password for accessing the website of
the Regulatory Authority and to create his web page and to fill in the
details of the proposed project.
If the Regulatory Authority fails to grant or reject the application of the
promoter within the period of 30 days, then the project shall be deemed to
have been registered.
The registration, if granted, will be valid until the period of completion of
the project as committed by the promoter to the Regulatory Authority.
This period shall be extended by the Regulatory Authority for a period not
exceeding one year in aggregate, only due to force majeure and on
payment of such fee as may be specified by regulations made by the
Regulatory Authority.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/13
REVOCATION OR LAPSE OF REGISTRATION
The Regulatory Authority MAY REVOKE THE REGISTRATION
granted on receipt of a complainton receipt of a complaint or suo moto or on the
recommendation of the competent authority in case
(i) the promoter makes a default in doing anything required
under the Act or the rules or regulations made there under;
(ii) the promoter violates any terms of the approvals granted
for the project; and
(iii) the promoter is involved in any kind of unfair practice of
irregularities.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/14
REVOCATION OR LAPSE OF REGISTRATION – Contd.,
In the event the registration is Revoked by the Regulatory Authority or It
Lapses, the Regulatory Authority shall:
DEBAR THE PROMOTER FROM ACCESSING THE WEBSITE in relation to
the project, specify his name in the list of defaulters on its website and
also inform other Regulatory Authorities in other States and Union
territories about such cancellation;
FACILITATE THE REMAINING DEVELOPMENT WORKS TO BE CARRIED
OUT BY COMPETENT AUTHORITY or the association of allottees or in
any other manner as may be determined by the Regulatory Authority.
However, the association of allottees shall have a first right of refusal for
carrying out the remaining development works; or
DIRECT THE SCHEDULED BANK HOLDING THE PROJECT BANK
ACCOUNT, TO FREEZE THE ACCOUNT and thereafter take such further
necessary actions, including consequent de-freezing of the account, for
facilitating the remaining development works in the manner mentioned
above.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/15
WEBSITE OF THE REGULATORY AUTHORITY
The promoter shall, upon receiving his login Id and password, create his web
page on the website of the Regulatory Authority and enter all details of
the proposed project including:
Details of the Registration granted by the Regulatory Authority;
Quarterly up-to-date list of the number and types of apartments or
plots or garages, as the case may be, booked;
Quarterly up-to-date status of the project along with the list of
approvals obtained and approvals pending subsequent to
commencement certificate; and
Such other information and documents as may be specified by the
regulations made by the Regulatory Authority.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/16
ADVERTISEMENT OR PROSPECTUS ISSUED BY THE PROMOTER
The Advertisement or Prospectus issued or published by the promoter
Should Prominently Mention the website address of the Regulatory
Authority, where all details of the registered project have been entered and
include the Registration Number obtained from the Regulatory Authority
and other similar details.
Where any person makes an advance or a deposit on the basis of the
information contained in the notice, advertisement or prospectus and
sustains any loss or damage because of any incorrect, false statement
included in these, he shall be compensated by the promoter in the manner
as provided under the Act. Also, if the person affected by such incorrect,
false statement contained in the notice, advertisement or prospectus,
intends to withdraw from the proposed project, his entire investment (along
with interest at such rate as may be prescribed and compensation in the
manner provided under the Act), will be returned to him.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/17
RESTRICTION ON ADDITION AND ALTERATION IN THE
PLANS
THE PROMOTERTHE PROMOTER
CANNOT MAKE ANY ADDITION OR ALTERATIONCANNOT MAKE ANY ADDITION OR ALTERATION in the
approved and sanctioned plans, structural designs,
specifications and amenities of the apartment, plot or
building Without the previous consent of the allottee.
CANNOT MAKE ANY OTHER ADDITION OR ALTERATIONCANNOT MAKE ANY OTHER ADDITION OR ALTERATION in
the approved and sanctioned plans, structural designs and
specifications of the building and common areas within the
project without the previous written consent of at least twoleast two--
thirds of the allottees,thirds of the allottees, other than the promoter, who have
agreed to take apartments in such a building.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/18
STRUCTURAL DEFECT
In case any structural defect or any other defect in the
workmanship, quality or provision of services or any other
obligations of the promoters is brought to the notice of the
promoter within a period of five years by the allotteewithin a period of five years by the allottee from the
date of handing over possession, the promoter shall rectify
such defect without any further charge, within thirty days.
If the promoter fails to rectify such defect within such time,
the aggrieved allottee shall be entitled to receive appropriate
compensation in the manner as provided in the Act.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/19
RESTRICTION ON TRANSFER AND ASSIGNMENTRESTRICTION ON TRANSFER AND ASSIGNMENT
The promoter shall not transfer or assign his majority rights
and liabilities in respect of a project to a third party without
obtaining prior written consent from two-thirds of the
allottees, except the promoter, and without the prior written
approval of the Regulatory Authority.
PLEASE NOTE THAT THE ALLOTTEE, IRRESPECTIVE OFPLEASE NOTE THAT THE ALLOTTEE, IRRESPECTIVE OF
(i) the number of apartments or plots booked by him or
booked in the name of his family; or
(ii) in the case of other persons such as companies/firms/any
association of individuals, by whatever name called, booked
in its name or booked in the name of its associated
entities/related enterprises, shall be considered as oneshall be considered as one
Allottee only.Allottee only.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/20
REFUND OF AMOUNT IN CASE OF DELAY IN HANDING OVER
POSSESSION
In case the promoter is unable to hand over possession of the apartment, plot
or building to the Allottee
(i) in accordance with the terms of the agreement of sale; or
(ii) due to discontinuance of his business as a promoter on account of
suspension; or
(iii) Revocation of his registration or for any other reason, then the
promoter shall be liable, on demand being made by the Allottee, to return the
amount received by him from the Allottee with interest and compensation at
the rate and manner as provided under the Act.
This relief will be available without prejudice to any other
remedy available to the Allottee.
However, where an Allottee does not intend to withdraw from the project, he
shall be paid interest by the promoter for every month of delay, till the
handing over of the possession, at a prescribed rate.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/21
OTHER RELEVANT PROVISIONS
The same rate of interest will be payable by the Allottee and the promoter
in the event of their respective defaults.event of their respective defaults.
In the absence of any local laws, an association or society or cooperative
society, as the case may be, of the allottees, shall be formed within a
period of three months of the majority of allottees who have booked their
plot or apartment or building, as the case may be, in the project.
After the promoter executes an agreement for sale for any apartment, plot
or building, no mortgage or charge can be created by the promoter on
such apartment, plot or building. If any such mortgage or charge is
created, then notwithstanding anything contained in any other law for the
time being in force, it shall not affect the right and interest of the Allottee
who has taken or agreed to take such apartment, plot or building.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/22
OTHER RELEVANT PROVISIONS- contd.,
The promoter may cancel the allotment only in terms of the agreement for sale.
However, the allottee may approach the Regulatory Authority for relief, if he is
aggrieved by such cancellation and such cancellation is not in accordance with
the terms of the agreement for sale, is unilateral and without any sufficient cause.
The promoter shall obtain insurance as may be notified by the appropriate
Government, including but not limited to the title of the land and building and
construction of the project. The promoter shall also be liable to pay the premium
and charges in respect of the insurance.
The promoter shall execute a registered conveyance deed in favour of the (i)
Allottee in respect of the apartment, plot or building; and
(ii) Association of allottees of competent authority in respect of the undivided
proportionate title in the common areas, and hand over possession of the same
within the period as specified under the local laws.
In the absence of any local law, such conveyance deed shall be carried out by the
promoter within three months from date of issue of the occupancy certificate.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/23
OTHER RELEVANT PROVISIONS- contd.,
The promoter shall compensate the allottees in case of any loss caused to
him due to defective title of the land in the manner as provided under the
Act, and such claim for compensation shall not be barred by limitation
provided under any law for the time being in force.
Every Allottee shall take physical possession of the apartment, plot or
building as the case may be, within a period of two months of the
occupancy certificate issued for the said apartment, plot or buildings.
The Regulatory Authority shall make a recommendation to the appropriate
Government on
(i) creation of a single window system for ensuring time-bound project
approvals and clearances for timely completion of the project; and
(ii) creation of a transparent and robust grievance redressal mechanism
against acts of omission and commission of competent authorities and
their officials.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/24
REAL ESTATE APPELLATE TRIBUNAL
In addition to the establishment of the Regulatory Authority, the Bill also
proposes to establish a Real Estate Appellate Tribunal (Appellate
Tribunal) within one year from the date of commencement of the Act.
Any person aggrieved by any direction or decision made by the
Regulatory Authority or by an adjudicating officer, may make an appeal
before the Appellate Tribunal within a period of 60 days from the date of
receipt of a copy of the order or direction.
The Appellate Tribunal shall deal with the appeal as expeditiously as
possible and endeavour shall me made to dispose of the appeal within a
period of sixty days from the date of receipt of appeal.
The Appellate Tribunal shall have same powers as a civil court and shall
be deemed to be a civil court. An appeal against the order of the Appellate
Tribunal may be filed before the jurisdictional High Court within a period
of sixty days from the date of communication of the decision or order of
the Appellate Tribunal.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/25
ADJUDICATING OFFICER
For adjudging the compensation to be paid by the promoter
in accordance with the provisions of the Act, the Regulatory
Authority shall appoint (in consultation with the appropriate
Government) one or more judicial officers as deemed
necessary, who is or has been a District Judge, to be an
adjudicating officer for holding an inquiry in this regard.
However, such an appointment will be made after giving any
person concerned a reasonable opportunity of being heard.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/26
OFFENCES AND PENALTY
Stringent penal provisions have been prescribed under the Act against
the promoter in case of any contravention or non-compliance of the
provisions of the Act or the orders, decisions or directions of the
Regulatory Authority or the Appellate Tribunal which are the following:
If promoter does not register its project with the Regulatory Authority – the
penalty may be up to 10% of the estimated cost of the project as
determined by the Regulatory Authority;
If promoter does not comply with the aforesaid order of the Regulatory
Authority - imprisonment of up to three years and a further penalty of up to
10% of the estimated cost, or both; and
In case the promoter provides any false information while making an
application to the Regulatory Authority or contravenes any other provision
of the Act – the penalty may be up to 5% of the estimated cost of the
project or construction.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/27
OFFENCES AND PENALTY – Contd.,
These penal provisions have also been prescribed for any contravention or
violation committed by the real estate agent or the Allottee.
If any Allottee fails to comply with, or contravenes any of the orders,
decisions or directions of the Regularity Authority, there may be
ä a penalty for the period during which such default continues, which may
cumulatively extend up to 5% of the cost of the plot, apartment or building, as
the case may be, as determined by the Regulatory Authority.
ä Further, if any Allottee fails to comply with, or contravenes any of the orders
or directions of the Appellate Tribunal, this may entail imprisonment up to one
year or with fine for every day during which such default continues, which
may cumulatively extend up to 10% of the cost of the plot, apartment or
building, as the case may be, or with both.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/28
OVERRIDING EFFECT
The provisions of this Act shall have an overriding
effect in case there is any inconsistency between the
provisions contained in this Act and in any other law
(including a state law) for the time being in force.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/29©DR.C.S. RAMANIGOPAL
(a) Common area are clearly defined as the entire open land of
project, staircase, lifts, lobbies, fire escapes, common entrance and
exits, basement, terraces, parks, play areas, open parking area,
common stores, guard rooms, service areas, water tanks sumps,
pump rooms, common ducts, community and commercial facilities.
(b) Clubs and convenient shopping area will become common
property.
(c) All common areas are required to be transferred by conveyance
to RWO as per 11(4) f.
Project cost involves entire cost of land, taxes, cess, levies,
construction cost etc.
(a) Garage has been segregated from common area as parking
space covered from 3 sides with roof.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/30©DR.C.S. RAMANIGOPAL
SUGGESTION:
Definition of stilt floor needs to be amended.
No advertisement or sale to be made before registering the
project with regulator.
Registration of real estate project is not required on any project
below 500 sq.mts or 8 apartments are proposed to be
constructed however State Government has been given power to
reduce this threshold.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/31©DR.C.S. RAMANIGOPAL
APPLICATION FOR REGISTRATION WILL INCLUDE
Track record of builder, - Earlier possession status,
Details of pending cases - Details of pending payments,
All approved plans, - Required sanctions,
Service details, - Structural plans,
location of land with longitude and latitude,
No. of garages for sale, - Performa of allotments letter,
Agreement for sale, conveyance deed,
List of inventory with carpet area along with area of exclusive
balcony, terraces undertaking by developer stating title of land,
Commitment to maintain an A/c with 70% of the revenue
received to be invested in the project only.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/32©DR.C.S. RAMANIGOPAL
Audited A/c
Promoter is required to submit an audited A/c of project within
6 months after every financial year to the regulator.
(a) The registration granted shall be valid for a period declared by
the promoter for the completion of the project.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/33©DR.C.S. RAMANIGOPAL
Suggestion: - Developers should take maximum time in
agreement to sale, at present it is 7 year in approved plans.
Any project if proposed to be developed in phase, every phase
shall be considered as individual project & registration for each
phase is required separately.
Registration can be revoked in case of any misconduct by
promoter, however 30 days notice shall be given by regulator to
the promoter stating the grounds for revoking the registration.
Registration of Real Estate Agent Is Mandatory.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/34©DR.C.S. RAMANIGOPAL
Promoter will get a login ID where he will have to create a web
page of project incorporating
Details of Project,
Quarterly up to Date Of Stock,
Quarterly Status of project etc.
The details provided in brochure of project shall be binding
upon promoter and
it is mandatory to have website address of authority on
brochure of project.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/35©DR.C.S. RAMANIGOPAL
PROMOTER SHALL BE REQUIRED TO FURNISH FOLLOWING DETAILS TO THE
ALLOTEE :-
Copy of sanctioned plans
List of specifications
Schedule of project completion.-
PROMOTER SHALL BE RESPONSIBLE FOR FOLLOWING OBLIGATIONS:-
To abide by the provisions of this Act
Liability of defect as per provision mentioned in sub section (3) of section 14 i.e. 5
years from the date of handover.
To obtain O. C.
To obtain lease deed.
To form resident’s welfare society
To execute conveyance deed of the apartment/plot along with undivided
proportionate rights in common area to the society.
To pay all taxes/levies till possession.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/36©DR.C.S. RAMANIGOPAL
If promoter fails to pay the outstanding dues even if the project is
handed over, the responsibility of any such dues will be of the
promoter.
Promoter cannot receive more than 10% the total sale value prior
to execution of agreement to sale.
Allotee can cancel the booking if he feels that promoter is not
abiding by the commitments made in publicity brochure in such
case the deposit made by allotee shall be refunded by the
promoter along with interest.
Promoter shall not be allowed to deviate from sanctioned plans.
Any alteration in plans/specifications/amenities shall require
written consent of 2/3rd of allotees.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/37©DR.C.S. RAMANIGOPAL
Promoter cannot transfer his rights in the project to any
3rd party without written consent of 2/3rd of allotees.
Promoter shall get the insurance of the project.
All common areas of the project shall be transferred to the
society of allottees vide registered conveyance deed.
Allottee shall be entitled to claim refund along with interest
only in case the promoter fails to comply or is unable to give
possession as per terms of agreement to sale or if promoter
discontinues the project in case of revocation of registration.
Allottee shall have to make the payment as per payment plan
agreed in agreement to sale
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/38©DR.C.S. RAMANIGOPAL
Promoter shall be entitled to get interest from allotee on
delayed payment.
Allottees shall remain bound to pay his proportion of taxes,
levies, fees etc.
Allottees will have to participate in formation of society
Allottees shall remain bound to take possession within 2
months from the date of O. C.
The regulator shall have powers to impose penalty or interest
in regards to any contravention or obligations on both
parties.
If the promoter fails to pay the compensation as decided by
regulator it shall be recoverable from promoter/allotee as may be
prescribed as an arrears of land revenue.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/39©DR.C.S. RAMANIGOPAL
Real Estate Appellate Tribunal to be constituted to hear appeals
of Regulator.
If promoter contravenes the provision of section 3 i.e.
Registration of project a penalty up to 10% project cost can be
imposed.
If promoter continues to violate the provisions of section 3
prosecution up to 3 years may be imposed.
If any promoter contravenes provisions of this act he shall be
liable to a penalty which may extended up to 5% of the estimated
project cost.
If any promoter fails to comply with any of the order or directions
of regulator he shall be liable to a penalty for every day during
which such non compliance continues which may cumulatively
extended up to 5% of the project cost.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/40©DR.C.S. RAMANIGOPAL
If any promoter fails to comply with any of the order/ decisions/
direction of Appellate tribunal he shall be punishable with prison
up to 3 years or fine for every day which may cumulatively
extended up to 10% of the project cost.
If any Allottee fails to comply with any order/direction of regulator
he shall be liable to pay penalty for the period during which such
default continues, which may cumulatively extended up to 5% of
the cost of apartment / plot.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/41©DR.C.S. RAMANIGOPAL
If any Allottee fails to comply with any order/directions appellate
authority he shall be punishable with prison for a term which may
extended up to 1 year or with every day penalty which may
cumulatively extend up to 10% of the cost of property.
If any person is punished with prison under this act, the
punishment can be compounded by the cost on such terms and
conditions and payment of sum as prescribed which shall not
exceed max amount of fine imposed for offence.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/42©DR.C.S. RAMANIGOPAL
No civil court shall have jurisdiction to entertain any suit respect
of any matter which the regulator / appellate tribunal is
empowered under this act.
No injunctions shall be granted by any court in respect of any
action taken pursuance of power given under this act.
No court shall take cognizance of any offense punishable under
this act until and unless written complaint is being made by
regulator.
Government whether Central / State may supersede the
regulator by notification.
Decision of state government shall be final.
State Government will have to frame rules within 6 months from
the date of notification of this Act.
Even two states can form a combined regulator.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/43©DR.C.S. RAMANIGOPAL
OVERALL/ IN ESSENCE
The Bill intends to increase transparency and accountability in the
real estate sector, by providing mechanisms to facilitate and
regulate the sale and purchase of commercial and residential
units/projects and timely completion of projects by the promoters.
NOW, THE CHALLENGE BEFORE THE GOVERNMENT
•would be to establish the Regulatory Authority (or any other
authority, in the interim) within the timeline prescribed under the Act
in order to start implementing the provisions of the Act.
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/44
M2K17 MAY 26
REAL ESTATE [REGULATION AND
DEVELOPMENT] ACT 2016
RERA – AWARENESS PROGRAM-II/IMP.FACTS/45©DR.C.S. RAMANIGOPAL
THANK YOU

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MBA in Real Estate Management - RERA 2017 - Fact and Features by Professor Dr . C. Ramanigopal, Vinayaka Missions University

  • 1. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/1©DR.C.S. RAMANIGOPAL REAL ESTATE REGULATORY ACT 2016 IMPORTANT FACTS AND SALIENT FEATURES
  • 2. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/2 Real Estate Regulatory Authority Under the Bill, instead of a regular forum of consumers, The Purchasers of Real Estate Units from a developer would have a specialised forum called the "Real Estate Regulatory Authority" which will be set up within one year from the date of coming into force of the Act. In the interim, the appropriate Government (i.e., the Central or State Government) shall designate any other regulatory authority or any officer preferably the Secretary of the department dealing with Housing, as the Regulatory Authority.
  • 3. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/3 Registration with the Regulatory Authority The promoter has to register their project (Residential as well as Commercial) with the Regulatory Authority Before booking, selling or offering apartments for sale in such projects. In case a project is to be promoted in phases, then each phase shall be considered as a standalone project, and the promoter shall obtain registration for each phase. Further, in case of ongoing projects on the date of Commencement of the Act which have not received a completion certificate, the promoter of such project shall make an application to the Regulatory Authority for registration of their project within a period of three months of the Commencement of the Act.
  • 4. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/4 REGISTRATION WITH THE REGULATORY AUTHORITY – CONTD., The following types of projects SHALL NOT BE REQUIRED TO BE REGISTERED before the Regulatory Authority: Where the area of land proposed to be promoter DOES NOT EXCEED 500 square meters or the number of Apartments to be constructed in the project does not exceed eight Apartments. However, the appropriate Government (Central and State Government) may, if it considers appropriate, reduce the threshold LIMIT BELOW 500 square meters or 8 Or Eight Apartments; Projects where the completion certificate has been RECEIVED PRIOR TO THE COMMENCEMENT of the act; PROJECTS FOR THE PURPOSE OF RENOVATION OR REPAIR OR RE- DEVELOPMENT which does not involve marketing, advertising, selling and new allotment of any apartment plot or building.
  • 5. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/5 REGISTRATION WITH THE REGULATORY AUTHORITY – CONTD., The APPLICATION FOR REGISTRATION MUST DISCLOSE the following information: Details of the promoter (such as its registered address, type of enterprise such proprietorship, societies, partnership, companies, competent authority); A brief Detail Of The Projects Launched by the promoter, in the past five years, whether already completed or being developed, as the case may be, including the current status of the projects, any delay in its completion, details of cases pending, details of type of land and payments pending; An Authenticated Copy Of The Approval And Commencement Certificate received from the competent authority and where the project is proposed to be developed in phases, an authenticated copy of the approval and commencement certificate of each of such phases;
  • 6. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/6 Registration with the Regulatory Authority – Contd., The application for registration must disclose the following information: Contd., The sanctioned plan, layout plan and specifications of the project, plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof and the locational details of the project; Proforma of the allotment letter, agreement for sale and conveyance deed proposed to be signed with the allottees; Number, type and carpet area of the apartments and the number and areas of garages for sale in the project; The names and addresses of the promoter's Real Estate Agents, if any, and Contractors, Architects, Structural Engineers affiliated with the project; and
  • 7. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/7 Registration with the Regulatory Authority – Contd., A Declaration By The Promoter Supported by AN AFFIDAVIT stating that: He has a legal title to the land, free from all encumbrances, and in case there is an encumbrance, then details of such encumbrances on the land including any right, title, interest or name of any party in or over such land along with the details; the time period within which he undertakes to complete the project or the phase; and 70% of the amounts realised for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose.
  • 8. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/8©DR.C.S. RAMANIGOPAL CARPET AREA Under the Bill, Developers Can Sell Units Only On Carpet Area, which means the Net usable Floor Area of an Apartment. This excludes the area covered by the external walls, areas under services shafts, exclusive balcony or veranda area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment. As per the Act, Carpet area is defined as Including usable floor area excluding area under external walls, area under service shafts, exclusive balcony or exclusive terrace but includes the area covered by internal walls. Exclusive balcony/exclusive terrace apartment to carpet area can be sold along with flat.
  • 9. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/9©DR.C.S. RAMANIGOPAL Suggestion: Developers need to mention only carpet area and lump sum price for the flat.
  • 10. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/10 70% OF REALISATION FROM ALLOTTEES IN A SEPARATE BANK ACCOUNT The Act mandates that a promoter shall deposit 70% of the amountmandates that a promoter shall deposit 70% of the amount realised from the allottees, from time to time, in a separate account to be maintained in a scheduled bank. This is intended to cover the cost of construction and the land cost and the amount deposited shall be used only for the concerned project. The promoter shall be entitled to withdraw the amounts from the separate account, to cover the cost of the project, in proportion to the percentage of completion of the project. However, such withdrawal can only be madewithdrawal can only be made after it is certified by an engineer, an architect and charteredafter it is certified by an engineer, an architect and chartered accountantaccountant in practice that the withdrawal is in proportion to the percentage of completion of the project.
  • 11. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/11 70% OF REALISATION FROM ALLOTTEES IN A SEPARATE BANK ACCOUNT The promoter is also required to get his accounts audited within six months after the end of every financial year by a practicing chartered accountant. , Further, he is required to produce a statement of accounts duly certified and signed by such chartered accountant, and it shall be verified during the audit that (i) the amounts collected for a particular project have been utilised for the project; and (ii) the withdrawal has been in compliance with the proportion to the percentage of completion of the project.
  • 12. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/12 ACCEPTANCE OR REFUSAL OF REGISTRATION Upon receipt of an application by the promoter, the Regulator Authority shall within a period of 30 days, grant or reject the registration. Upon granting a registration, the promoter will be provided with a registration number, including a login Id and password for accessing the website of the Regulatory Authority and to create his web page and to fill in the details of the proposed project. If the Regulatory Authority fails to grant or reject the application of the promoter within the period of 30 days, then the project shall be deemed to have been registered. The registration, if granted, will be valid until the period of completion of the project as committed by the promoter to the Regulatory Authority. This period shall be extended by the Regulatory Authority for a period not exceeding one year in aggregate, only due to force majeure and on payment of such fee as may be specified by regulations made by the Regulatory Authority.
  • 13. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/13 REVOCATION OR LAPSE OF REGISTRATION The Regulatory Authority MAY REVOKE THE REGISTRATION granted on receipt of a complainton receipt of a complaint or suo moto or on the recommendation of the competent authority in case (i) the promoter makes a default in doing anything required under the Act or the rules or regulations made there under; (ii) the promoter violates any terms of the approvals granted for the project; and (iii) the promoter is involved in any kind of unfair practice of irregularities.
  • 14. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/14 REVOCATION OR LAPSE OF REGISTRATION – Contd., In the event the registration is Revoked by the Regulatory Authority or It Lapses, the Regulatory Authority shall: DEBAR THE PROMOTER FROM ACCESSING THE WEBSITE in relation to the project, specify his name in the list of defaulters on its website and also inform other Regulatory Authorities in other States and Union territories about such cancellation; FACILITATE THE REMAINING DEVELOPMENT WORKS TO BE CARRIED OUT BY COMPETENT AUTHORITY or the association of allottees or in any other manner as may be determined by the Regulatory Authority. However, the association of allottees shall have a first right of refusal for carrying out the remaining development works; or DIRECT THE SCHEDULED BANK HOLDING THE PROJECT BANK ACCOUNT, TO FREEZE THE ACCOUNT and thereafter take such further necessary actions, including consequent de-freezing of the account, for facilitating the remaining development works in the manner mentioned above.
  • 15. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/15 WEBSITE OF THE REGULATORY AUTHORITY The promoter shall, upon receiving his login Id and password, create his web page on the website of the Regulatory Authority and enter all details of the proposed project including: Details of the Registration granted by the Regulatory Authority; Quarterly up-to-date list of the number and types of apartments or plots or garages, as the case may be, booked; Quarterly up-to-date status of the project along with the list of approvals obtained and approvals pending subsequent to commencement certificate; and Such other information and documents as may be specified by the regulations made by the Regulatory Authority.
  • 16. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/16 ADVERTISEMENT OR PROSPECTUS ISSUED BY THE PROMOTER The Advertisement or Prospectus issued or published by the promoter Should Prominently Mention the website address of the Regulatory Authority, where all details of the registered project have been entered and include the Registration Number obtained from the Regulatory Authority and other similar details. Where any person makes an advance or a deposit on the basis of the information contained in the notice, advertisement or prospectus and sustains any loss or damage because of any incorrect, false statement included in these, he shall be compensated by the promoter in the manner as provided under the Act. Also, if the person affected by such incorrect, false statement contained in the notice, advertisement or prospectus, intends to withdraw from the proposed project, his entire investment (along with interest at such rate as may be prescribed and compensation in the manner provided under the Act), will be returned to him.
  • 17. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/17 RESTRICTION ON ADDITION AND ALTERATION IN THE PLANS THE PROMOTERTHE PROMOTER CANNOT MAKE ANY ADDITION OR ALTERATIONCANNOT MAKE ANY ADDITION OR ALTERATION in the approved and sanctioned plans, structural designs, specifications and amenities of the apartment, plot or building Without the previous consent of the allottee. CANNOT MAKE ANY OTHER ADDITION OR ALTERATIONCANNOT MAKE ANY OTHER ADDITION OR ALTERATION in the approved and sanctioned plans, structural designs and specifications of the building and common areas within the project without the previous written consent of at least twoleast two-- thirds of the allottees,thirds of the allottees, other than the promoter, who have agreed to take apartments in such a building.
  • 18. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/18 STRUCTURAL DEFECT In case any structural defect or any other defect in the workmanship, quality or provision of services or any other obligations of the promoters is brought to the notice of the promoter within a period of five years by the allotteewithin a period of five years by the allottee from the date of handing over possession, the promoter shall rectify such defect without any further charge, within thirty days. If the promoter fails to rectify such defect within such time, the aggrieved allottee shall be entitled to receive appropriate compensation in the manner as provided in the Act.
  • 19. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/19 RESTRICTION ON TRANSFER AND ASSIGNMENTRESTRICTION ON TRANSFER AND ASSIGNMENT The promoter shall not transfer or assign his majority rights and liabilities in respect of a project to a third party without obtaining prior written consent from two-thirds of the allottees, except the promoter, and without the prior written approval of the Regulatory Authority. PLEASE NOTE THAT THE ALLOTTEE, IRRESPECTIVE OFPLEASE NOTE THAT THE ALLOTTEE, IRRESPECTIVE OF (i) the number of apartments or plots booked by him or booked in the name of his family; or (ii) in the case of other persons such as companies/firms/any association of individuals, by whatever name called, booked in its name or booked in the name of its associated entities/related enterprises, shall be considered as oneshall be considered as one Allottee only.Allottee only.
  • 20. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/20 REFUND OF AMOUNT IN CASE OF DELAY IN HANDING OVER POSSESSION In case the promoter is unable to hand over possession of the apartment, plot or building to the Allottee (i) in accordance with the terms of the agreement of sale; or (ii) due to discontinuance of his business as a promoter on account of suspension; or (iii) Revocation of his registration or for any other reason, then the promoter shall be liable, on demand being made by the Allottee, to return the amount received by him from the Allottee with interest and compensation at the rate and manner as provided under the Act. This relief will be available without prejudice to any other remedy available to the Allottee. However, where an Allottee does not intend to withdraw from the project, he shall be paid interest by the promoter for every month of delay, till the handing over of the possession, at a prescribed rate.
  • 21. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/21 OTHER RELEVANT PROVISIONS The same rate of interest will be payable by the Allottee and the promoter in the event of their respective defaults.event of their respective defaults. In the absence of any local laws, an association or society or cooperative society, as the case may be, of the allottees, shall be formed within a period of three months of the majority of allottees who have booked their plot or apartment or building, as the case may be, in the project. After the promoter executes an agreement for sale for any apartment, plot or building, no mortgage or charge can be created by the promoter on such apartment, plot or building. If any such mortgage or charge is created, then notwithstanding anything contained in any other law for the time being in force, it shall not affect the right and interest of the Allottee who has taken or agreed to take such apartment, plot or building.
  • 22. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/22 OTHER RELEVANT PROVISIONS- contd., The promoter may cancel the allotment only in terms of the agreement for sale. However, the allottee may approach the Regulatory Authority for relief, if he is aggrieved by such cancellation and such cancellation is not in accordance with the terms of the agreement for sale, is unilateral and without any sufficient cause. The promoter shall obtain insurance as may be notified by the appropriate Government, including but not limited to the title of the land and building and construction of the project. The promoter shall also be liable to pay the premium and charges in respect of the insurance. The promoter shall execute a registered conveyance deed in favour of the (i) Allottee in respect of the apartment, plot or building; and (ii) Association of allottees of competent authority in respect of the undivided proportionate title in the common areas, and hand over possession of the same within the period as specified under the local laws. In the absence of any local law, such conveyance deed shall be carried out by the promoter within three months from date of issue of the occupancy certificate.
  • 23. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/23 OTHER RELEVANT PROVISIONS- contd., The promoter shall compensate the allottees in case of any loss caused to him due to defective title of the land in the manner as provided under the Act, and such claim for compensation shall not be barred by limitation provided under any law for the time being in force. Every Allottee shall take physical possession of the apartment, plot or building as the case may be, within a period of two months of the occupancy certificate issued for the said apartment, plot or buildings. The Regulatory Authority shall make a recommendation to the appropriate Government on (i) creation of a single window system for ensuring time-bound project approvals and clearances for timely completion of the project; and (ii) creation of a transparent and robust grievance redressal mechanism against acts of omission and commission of competent authorities and their officials.
  • 24. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/24 REAL ESTATE APPELLATE TRIBUNAL In addition to the establishment of the Regulatory Authority, the Bill also proposes to establish a Real Estate Appellate Tribunal (Appellate Tribunal) within one year from the date of commencement of the Act. Any person aggrieved by any direction or decision made by the Regulatory Authority or by an adjudicating officer, may make an appeal before the Appellate Tribunal within a period of 60 days from the date of receipt of a copy of the order or direction. The Appellate Tribunal shall deal with the appeal as expeditiously as possible and endeavour shall me made to dispose of the appeal within a period of sixty days from the date of receipt of appeal. The Appellate Tribunal shall have same powers as a civil court and shall be deemed to be a civil court. An appeal against the order of the Appellate Tribunal may be filed before the jurisdictional High Court within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal.
  • 25. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/25 ADJUDICATING OFFICER For adjudging the compensation to be paid by the promoter in accordance with the provisions of the Act, the Regulatory Authority shall appoint (in consultation with the appropriate Government) one or more judicial officers as deemed necessary, who is or has been a District Judge, to be an adjudicating officer for holding an inquiry in this regard. However, such an appointment will be made after giving any person concerned a reasonable opportunity of being heard.
  • 26. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/26 OFFENCES AND PENALTY Stringent penal provisions have been prescribed under the Act against the promoter in case of any contravention or non-compliance of the provisions of the Act or the orders, decisions or directions of the Regulatory Authority or the Appellate Tribunal which are the following: If promoter does not register its project with the Regulatory Authority – the penalty may be up to 10% of the estimated cost of the project as determined by the Regulatory Authority; If promoter does not comply with the aforesaid order of the Regulatory Authority - imprisonment of up to three years and a further penalty of up to 10% of the estimated cost, or both; and In case the promoter provides any false information while making an application to the Regulatory Authority or contravenes any other provision of the Act – the penalty may be up to 5% of the estimated cost of the project or construction.
  • 27. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/27 OFFENCES AND PENALTY – Contd., These penal provisions have also been prescribed for any contravention or violation committed by the real estate agent or the Allottee. If any Allottee fails to comply with, or contravenes any of the orders, decisions or directions of the Regularity Authority, there may be ä a penalty for the period during which such default continues, which may cumulatively extend up to 5% of the cost of the plot, apartment or building, as the case may be, as determined by the Regulatory Authority. ä Further, if any Allottee fails to comply with, or contravenes any of the orders or directions of the Appellate Tribunal, this may entail imprisonment up to one year or with fine for every day during which such default continues, which may cumulatively extend up to 10% of the cost of the plot, apartment or building, as the case may be, or with both.
  • 28. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/28 OVERRIDING EFFECT The provisions of this Act shall have an overriding effect in case there is any inconsistency between the provisions contained in this Act and in any other law (including a state law) for the time being in force.
  • 29. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/29©DR.C.S. RAMANIGOPAL (a) Common area are clearly defined as the entire open land of project, staircase, lifts, lobbies, fire escapes, common entrance and exits, basement, terraces, parks, play areas, open parking area, common stores, guard rooms, service areas, water tanks sumps, pump rooms, common ducts, community and commercial facilities. (b) Clubs and convenient shopping area will become common property. (c) All common areas are required to be transferred by conveyance to RWO as per 11(4) f. Project cost involves entire cost of land, taxes, cess, levies, construction cost etc. (a) Garage has been segregated from common area as parking space covered from 3 sides with roof.
  • 30. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/30©DR.C.S. RAMANIGOPAL SUGGESTION: Definition of stilt floor needs to be amended. No advertisement or sale to be made before registering the project with regulator. Registration of real estate project is not required on any project below 500 sq.mts or 8 apartments are proposed to be constructed however State Government has been given power to reduce this threshold.
  • 31. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/31©DR.C.S. RAMANIGOPAL APPLICATION FOR REGISTRATION WILL INCLUDE Track record of builder, - Earlier possession status, Details of pending cases - Details of pending payments, All approved plans, - Required sanctions, Service details, - Structural plans, location of land with longitude and latitude, No. of garages for sale, - Performa of allotments letter, Agreement for sale, conveyance deed, List of inventory with carpet area along with area of exclusive balcony, terraces undertaking by developer stating title of land, Commitment to maintain an A/c with 70% of the revenue received to be invested in the project only.
  • 32. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/32©DR.C.S. RAMANIGOPAL Audited A/c Promoter is required to submit an audited A/c of project within 6 months after every financial year to the regulator. (a) The registration granted shall be valid for a period declared by the promoter for the completion of the project.
  • 33. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/33©DR.C.S. RAMANIGOPAL Suggestion: - Developers should take maximum time in agreement to sale, at present it is 7 year in approved plans. Any project if proposed to be developed in phase, every phase shall be considered as individual project & registration for each phase is required separately. Registration can be revoked in case of any misconduct by promoter, however 30 days notice shall be given by regulator to the promoter stating the grounds for revoking the registration. Registration of Real Estate Agent Is Mandatory.
  • 34. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/34©DR.C.S. RAMANIGOPAL Promoter will get a login ID where he will have to create a web page of project incorporating Details of Project, Quarterly up to Date Of Stock, Quarterly Status of project etc. The details provided in brochure of project shall be binding upon promoter and it is mandatory to have website address of authority on brochure of project.
  • 35. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/35©DR.C.S. RAMANIGOPAL PROMOTER SHALL BE REQUIRED TO FURNISH FOLLOWING DETAILS TO THE ALLOTEE :- Copy of sanctioned plans List of specifications Schedule of project completion.- PROMOTER SHALL BE RESPONSIBLE FOR FOLLOWING OBLIGATIONS:- To abide by the provisions of this Act Liability of defect as per provision mentioned in sub section (3) of section 14 i.e. 5 years from the date of handover. To obtain O. C. To obtain lease deed. To form resident’s welfare society To execute conveyance deed of the apartment/plot along with undivided proportionate rights in common area to the society. To pay all taxes/levies till possession.
  • 36. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/36©DR.C.S. RAMANIGOPAL If promoter fails to pay the outstanding dues even if the project is handed over, the responsibility of any such dues will be of the promoter. Promoter cannot receive more than 10% the total sale value prior to execution of agreement to sale. Allotee can cancel the booking if he feels that promoter is not abiding by the commitments made in publicity brochure in such case the deposit made by allotee shall be refunded by the promoter along with interest. Promoter shall not be allowed to deviate from sanctioned plans. Any alteration in plans/specifications/amenities shall require written consent of 2/3rd of allotees.
  • 37. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/37©DR.C.S. RAMANIGOPAL Promoter cannot transfer his rights in the project to any 3rd party without written consent of 2/3rd of allotees. Promoter shall get the insurance of the project. All common areas of the project shall be transferred to the society of allottees vide registered conveyance deed. Allottee shall be entitled to claim refund along with interest only in case the promoter fails to comply or is unable to give possession as per terms of agreement to sale or if promoter discontinues the project in case of revocation of registration. Allottee shall have to make the payment as per payment plan agreed in agreement to sale
  • 38. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/38©DR.C.S. RAMANIGOPAL Promoter shall be entitled to get interest from allotee on delayed payment. Allottees shall remain bound to pay his proportion of taxes, levies, fees etc. Allottees will have to participate in formation of society Allottees shall remain bound to take possession within 2 months from the date of O. C. The regulator shall have powers to impose penalty or interest in regards to any contravention or obligations on both parties. If the promoter fails to pay the compensation as decided by regulator it shall be recoverable from promoter/allotee as may be prescribed as an arrears of land revenue.
  • 39. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/39©DR.C.S. RAMANIGOPAL Real Estate Appellate Tribunal to be constituted to hear appeals of Regulator. If promoter contravenes the provision of section 3 i.e. Registration of project a penalty up to 10% project cost can be imposed. If promoter continues to violate the provisions of section 3 prosecution up to 3 years may be imposed. If any promoter contravenes provisions of this act he shall be liable to a penalty which may extended up to 5% of the estimated project cost. If any promoter fails to comply with any of the order or directions of regulator he shall be liable to a penalty for every day during which such non compliance continues which may cumulatively extended up to 5% of the project cost.
  • 40. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/40©DR.C.S. RAMANIGOPAL If any promoter fails to comply with any of the order/ decisions/ direction of Appellate tribunal he shall be punishable with prison up to 3 years or fine for every day which may cumulatively extended up to 10% of the project cost. If any Allottee fails to comply with any order/direction of regulator he shall be liable to pay penalty for the period during which such default continues, which may cumulatively extended up to 5% of the cost of apartment / plot.
  • 41. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/41©DR.C.S. RAMANIGOPAL If any Allottee fails to comply with any order/directions appellate authority he shall be punishable with prison for a term which may extended up to 1 year or with every day penalty which may cumulatively extend up to 10% of the cost of property. If any person is punished with prison under this act, the punishment can be compounded by the cost on such terms and conditions and payment of sum as prescribed which shall not exceed max amount of fine imposed for offence.
  • 42. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/42©DR.C.S. RAMANIGOPAL No civil court shall have jurisdiction to entertain any suit respect of any matter which the regulator / appellate tribunal is empowered under this act. No injunctions shall be granted by any court in respect of any action taken pursuance of power given under this act. No court shall take cognizance of any offense punishable under this act until and unless written complaint is being made by regulator. Government whether Central / State may supersede the regulator by notification. Decision of state government shall be final. State Government will have to frame rules within 6 months from the date of notification of this Act. Even two states can form a combined regulator.
  • 43. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/43©DR.C.S. RAMANIGOPAL OVERALL/ IN ESSENCE The Bill intends to increase transparency and accountability in the real estate sector, by providing mechanisms to facilitate and regulate the sale and purchase of commercial and residential units/projects and timely completion of projects by the promoters. NOW, THE CHALLENGE BEFORE THE GOVERNMENT •would be to establish the Regulatory Authority (or any other authority, in the interim) within the timeline prescribed under the Act in order to start implementing the provisions of the Act.
  • 44. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/44
  • 45. M2K17 MAY 26 REAL ESTATE [REGULATION AND DEVELOPMENT] ACT 2016 RERA – AWARENESS PROGRAM-II/IMP.FACTS/45©DR.C.S. RAMANIGOPAL THANK YOU