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vinod   09 May 2017

Rera for land plotting projects

Hello Experts,

I am from Maharashtra and there is lot of hype over the RERA. However as a plot buyer I have following doubts...

Is Rera applicable on the Plotting projects ?

Can you please shed some light on the impact of RERA on the land plotting project ? 

As a buyer if I proceed buying the Plot for which the seller(developer) isnt RERA compliant / Registered, what will be the legal impact on such transactions.

 

Regards

Vinod



Learning

 15 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 May 2017

 RERA, it is mandatory for all projects, from the date of commencement of the Act (1st May,2017), to first register with the regulatory authority and only then, promoters can book, sell, advertise or market these real estate projects.

1 Like

(Guest)

They take large area and divide plot illegally , according to me division of plot without permission of Land Record dept is illegal they simply can not divide it. 

But many do it . 

 

vinod   15 May 2017

Thanks a Lot sir for that valuable information.

I had made the token payment in the month of april. And now the plotting company is chasing me to complete the payment and proceed for registration. I spoke to the company about RERA, but they said that it is not applicable to them since they r not constructing any structure but only selling the plotted land which is already NA and Plots already demarcated and individual 7/12 for each plot.

Is registration still possible, without the project being RERA compliant ?


(Guest)

If your plot has individual 7 / 12 extract NA land , subject to title verification you can purchase it
 

Registration of sale deed is done under registration act and it is compulsory , Proper stamp duty and registration fee is required to be paid , and proper entry in land record of your name to required to be done 


(Guest)

I was reading RERA today and remebered your matter 

Sec 3 (1) of RERA states 

No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act:

 
 
 Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act:
 
 Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority, it may, by order, direct the promoter of such project to register with the Authority, and the provisions of this Act or the rules and regulations made there under, shall apply to such projects from that stage of registration
 
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Curious Sam (Self)     11 August 2017

Aboout 3 years back, i had paid the booking amount for a plot with a builder.

The builder has still not made any progress on starting or even getting the clearances on the land.

I have made no further payment.

Will the project have to be registered under RERA, now?


(Guest)

Yes and contact local adv. for document examination and take steps accordingly 

Curious Sam (Self)     11 August 2017

Madhu, do you know the maximum interest rate any builder can charge for delayed payment on the part of an allottee, if they have registered their project under RERA? Their project itself is delayed by 3 years. This is for a flat.

(Guest)

See many Builders and Developers have not registered yet and today only read some where that high penalty is imposed and further increase will take place after 16 Aug 5pm 

So check whether your promoter has registered the project

The Maharashtra Real Estate (Regulation and Development)(Registration of real estate projects, Registration of real estate agents, rates of interest and disclosures on website) Rules, 2017

CHAPTER IV RATE OF INTEREST PAYABLE BY PROMOTER AND ALLOTTEE AND TIMELINES FOR REFUND

18. Rate of interest payable by the promoter and the allottee. -The rate of interest payable by the promoters to the allottees or by the allottees to the promoters, as the case may be, shall be the State Bank of India highest Marginal Cost of Lending Rate plus two percent: Provided that in case the State Bank of India Marginal Cost of Lending Rate is not in use it would be replaced by such benchmark lending rates which the State Bank of India may fix from time to time for lending to the general public.

19. Timelines for refund. -The refund of any amount which is payable by the promoters to allottees along with the applicable interest and compensation, if any, under the Act or the Rules and Regulations, shall be made by the Promoter to the allottee within thirty days from the date on which such refund along with applicable Interest and Compensation, becomes due and payable to the allottee: Provided that, every instance thereof shall be reported by the concerned promoters within thirty days to the Authority.

Curious Sam (Self)     12 August 2017

What if the builder says that they will not book or market any more flats.

Do they then have a choice of not registering their ongoing project.

In my case, a builder has taken the booking amount for a plot in Bangalore, but not made any progress after that and not applied for any clearances from the government. Can they escape RERA by saying they are not selling any more plots?

Curious Sam (Self)     12 August 2017

Madhu, My builder has told me that they have applied for registration under RERA. It is a big builder. They are saying all their ongoing projects have been applied for, under RERA.


(Guest)

Approach some one in Banglore because for land and Town Planning matter State laws applies and person from one state can not properly give reply to other state person 

Nitish Banka (lawyer)     18 April 2018

Posted by: Nitish Banka  Categories: Civil Law consumer 
 

 

How to file Builder Complaint under RERA?

About RERA

RERA is Real Estate Regulation Act-2016 the act was passed with an objective to regulate real estate sector in India. Real estate sector contributes to 9% GDP and is 2nd highest employment generator after Agriculture. There was a need to regulate the sector as there was huge number of builders who have defaulted in their commitment of giving possession of flat to allotees. The real estate scam in India is apparent and need to regulate builders was important an then there are one sided agreements and cheating done by builders

About 67% of projects in Delhi/NCR are delayed by more than 2 Years.

The act has a provision of mandatory registration of Builders and real estate agents and establishment of real estate regulatory authority to look into the matters related to complaint against builders.

A Builder complaint can be lodged in RERA under Section 31 of RERA Act.

Image result for rera

Builder Complaint Before Real Estate Regulatory Authority

Every State in India has RERA and under RERA builder projects are registered there are stringent provisions under which the builder has to disclose details of the project and file sanction plans,completion dates etc before he could even do marketing of the project. There are strict penalty clauses in the act with regards to non-registration of the projects.

Under Section 31 an allotee can approach RERA and can file builder complaint under RERA act. The format of complaint differ from state to state. Here we will evaluating RERA forums of Delhi and NCR.

RERA in Delhi

Delhi Rera has interim Regulatory Authority situated at Vikas Minar ITO

Complete Address-:

14th Floor Vikas Minar, ITO, New Delhi

 The webpage of Delhi RERA is https://dda.org.in/rera/

They have online complaint link https://dda.org.in/rera/EncroachDataUpload.aspx

However it is advisible to visit and file complaint under section 31 of RERA act against builders or rela estate agents in Delhi.

RERA in Haryana

In Haryana two RERA authorities are there one in Panchkula and

Haryana RERA Office Address

Real Estate Regulatory Authority Haryana
Executive Officer, RERA, HUDA Complex (Central Block),
Sec-6, Panchkula.
Phone: +91 172-2583132
E-Mail: officer.rera.hry@gmail.com

Click here to download notification

RERA in Gurgaon

The Gurgaon RERA is situated at make shift office PWD Guest house

Haryana Real Estate Regulatory Authority (H-Rera) will be finally set up in Gurugram from February 1, officials said.

The temporary office will start functioning out of the public works department (PWD) guest house on Old Railway Road near the Gurugram police commissionerate. However, the permanent office will come up in Sector 44 six months later.

RERA in Uttar Pradesh

UP Rera has a proper website and a link to lodge complaint

Website https://www.up-rera.in/index

Address

6 J.C.BOSE MARG, LALBAGH,LUCKNOW, Uttar Pradesh

E-mail: contactuprera@up-rera.in

Interest and Compensation under RERA

The authority has wide powers for redressal of complaint under RERA hera are some of recent News of decisions by RERA

H-Rera fines Gurugram builder 30 lakh for advertising project without registration

“The authority is of the view that Krisumi Corporation has violated the provisions by publishing the advertisement in the newspapers as well as on the website without getting prior registration of the project from the Haryana Real Estate Regulatory Authority, Gurugram in whose jurisdiction the said project falls and thereby committed the violation of Section 3 (1) of the Act and rendered themselves for action under Section 59 (1) of the ibid Act,” H-Rera chairman Khandelwal observed in the detailed order. Directing the company to pay Rs 30 lakh as penalty for the violations, the authority further observed that such violation would not be allowed.

Source: https://timesofindia.indiatimes.com/city/chandigarh/h-rera-fines-gurugram-builder-30-lakh-for-advertising-project-without-registration/articleshow/63497315.cms

MahaRERA imposes Rs 50 lakh fine on Piramal Realty

Moneycontrol.com–06-Apr-2018
“Section 11 (2) of RERA states that the advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters …

RERA warns builders of action for late registration

Daily News & Analysis–16-Jul-2017
We can even take suo motu action against builders who fail to register their projects after the deadline of July 31, on mere intimation about the same,” said Vasant Prabhu, secretary, Maha RERA. “However, we are expecting all the builders to register their projects within the deadline or else we will fine the …

RERA to Mumbai builder: Compensate buyers for delay in giving …

Hindustan Times–31-Mar-2018
The Maharashtra Real Estate Regulatory Authority (MahaRERA) in its recent order has rapped a builder who violated construction rules and tried to put the blame of delay in possession of a flat on government agencies. The order also provided relief to homebuyers who were given possession of their …

MahaRera directs builder to refund cash component over delay in …

Times of India–20-Mar-2018
MUMBAI: Maharashtra Real Estate and Regulatory Authority (RERA) recently directed a builder to repay with interest Rs 25 lakh including a cash amount of … The Rera Member said that grounds of delay given by the builder, could be treated as mitigating factors to refuse buyer’s claim for compensation.
 
Advocate Nitish Banka
9891549997

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