RERA Registration for Project

Under RERA Act, it is mandatory for the promoters to register their real estate project to sell, advertise, market, book or purchase. The promoters are required to make an application to the authority for registration. In this article, we look at the procedure for obtaining RERA registration for project. Know more about RERA registration for Agents.

Who needs to Register?

The specified persons are required to register the real estate project with authority are as follows:

Any person who constructs or who wants to builds an independent building or a building consisting of apartments or modification of existing structure into apartments to sell apartments to the persons.
Any person who develops the land into a project, to sell projects to other persons.
Any development authority or another public body in respect of allottees of
Buildings or plots constructed by such authority or public body on who owns land or placed at their disposal by the government.
Plots owned by development authority or which is placed at their disposal by the government to sell the apartments.
A state-level cooperative housing finance society and a primitive cooperative housing society which constructs the apartments or buildings for its members or to the allottees.
Any person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any different name or claims to be acting as the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or plot is developed for sale.

Note: The person who builds or converts a building into apartments or develops a plot for sale and the persons who sell flats or plots are different persons, but both of them are deemed to be promoters are liable to follow the rules and regulations specified under real estate Act.

Exemption from Registration

The specified persons are exempted from the registration of the real estate project with authority are as follows:

The area of land proposed for developing does not exceed 500 square meters or the number of apartments developed does not exceed eight apartments including all the phases are exempted from registration.
The promoter has received the completion certificate for a real estate project prior before the commencement of RERA.
The real estate project requested for remodelling or replacement or development of projects are those projects which do not require marketing, advertising, selling or new allotment of an apartment.

Documents Required

All promoters are required to furnish the following documents along with the application form.

The details of the enterprise including its name, registered address, enterprise type like proprietorship, societies, partnership, companies, competent authority and the particulars of such enterprise and their names, photographs of the promoters.
The detail of the projects launched by the promoter in the past five years, whether already completed or being developed including the current status of the projects and delay in completion, details of cases pending, details of land type and payments pending.
The authenticated copy of the approvals and commencement certificate from the competent authority obtained by the laws if applicable.
Copy of sanctioned plan, layout plan and specifications of the proposed project and the entire project as approved by the component authority.
The plan of development works to be executed in the proposed project and the proposed facilities to be provided including fire-fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy.
Proforma of the allotment letter, an agreement for sale, and the conveyance deed proposed to be signed with the allottees.

The number, type and the carpet area of apartments for sale in the project along with the area of the private balcony or verandah areas and the exclusive open terrace area with the apartment, if applicable.
The names and addresses of the real estate project agents, if applicable for the proposed project.
The name and address of the contractors, architect, structural engineer, if applicable and also other persons concerned with the development of the proposed project.
A declaration, supported by an affidavit, which should be signed by the promoter or any person authorised by the promoter stating that:
The land has a legal title on which the development is proposed along with the legally valid documents with authentication of such title, in case of property owned by another person.
The land should be clear from all encumbrances and details of the encumbrance of the property including any rights, title, interest or name of any party related to that land.
Details of the period of the project taken to complete the project.
Any other documents have to be furnished if needed under the rules and regulations of RERA.

Grant of Registration

The applicant has to request an application in the Form-A and Form-B to the authority, and then the authority will grant registration within thirty days from the date of application submitted. Also, the registration number including login id and password for accessing the website to fill the details of the project.

Validity of Registration under RERA

The registration approved will be valid for a period declared by the Promoter for completion of the real estate project or for the phase as mentioned in the affidavit following the application form. The registration approved by the Authority may be extended by it upon receipt of application from the Promoter in this regard in the following circumstances:

Force Majeure like war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the normal development of the real estate project.
Other than force majeure the concerned authority may extend the registration to a maximum period of one year if it feels that the circumstances and reasons for the extension of the case are reasonable.

Cancellation of Registration

The Authority may cancel a registration by a complaint received or "suo motu" by the Authority by giving thirty days notice in writing to the Promoter of such real estate project stating grounds of proposed revocation and instructing promoters to provide reasons for the approval of his project registration. By the Promoter's reply to the notice, the Authority may allow the real estate project to be registered or may cancel the registration. The notice proposing the cancellation of registration will be issued based on the following conditions:

If the Promotor defaults in performing anything under RERA.
If the Promotor violates the terms and conditions of the approval granted by the Authority;
If the Promotor is involved in any unfair practice or irregularities such as any misrepresentation or false representation and publication of any advertisement/prospects of services that are not intended to be offered.
If the Promoter entertains in any fraudulent practices.

Penalties for Non-Registration

In case of non-registration of the real estate project, under Section 59 imposes 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 three years or both.