UP Real Estate Regulator Issues Notices on Noncompliance of RERA Act

The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has issued notices to promoters of four projects in Gautam Buddha Nagar for violation of Section 11 of the Real Estate (Regulation and Development) Act, 2016.

According to the authority, the projects that have been issued the notices include M3M The Cullinan being developed by Lavish Buildmart; Irish Pearls being developed by Irish Infrastructure; Saya Piazza being developed by RGB Infra, and Saya Status being developed by Saya Cementation.

Section 11 of the Act states that it is mandatory to display both the RERA registration number and the respective regulator’s website address prominently when advertising RERA-registered projects on any medium.

“The print advertisement released by M3M The Cullinan did not mention the UPRERA website, www.up-rera.in and RERA registration number prominently. Apart from this, the advertisements on social media of Irish Pearls, Saya Piazza and Saya Status did not mention both the RERA registration number and the website,” UPRERA said in a statement.

Pramod Kumar Upadhyay, the UPRERA secretary, said, “We are continuously identifying promoters violating the rules regarding publicity of projects. Compliance with the prescribed norms of the RERA Act is mandatory for the promotion of projects. Noncompliance with Section 11 can result in a penalty of up to 5 percent of the total project cost.”

He added that the act is aimed to ensure growth and development of the real estate sector and this is possible only if the promoters perform their prescribed functions and duties. The primary responsibility of the promoter is to provide correct information about the project to prospective buyers, the correct registration number and complete project information on the UPRERA website portal, www.up-rera.in.

There was no immediate response to the developments from the promoters. This report will be updated after receiving a response.

Source: https://www.moneycontrol.com/news/business/real-estate/up-real-estate-regulator-issues-notices-on-noncompliance-of-rera-act-11412641.html

5 things homebuyers in Maharashtra must look for in their real estate agent

The Maharashtra Real Estate Regulatory Authority (MahaRERA) became the first real estate regulatory authority in the country to mandate an online examination for over 44,000 registered real estate agents in the state to obtain a MahaRERA Real Estate Agent Certificate of Competency before September 1, 2023.

However, less than 10 percent or around 3,400 of the real estate agents in Maharashtra have given this examination so far and cleared. Owing to this, the MahaRERA is working towards extending the deadline.

The competency exam clearance by MahaRERA means that the particular real estate agent is certified real estate agent where they are asked several questions in the written examination about consumer rights, RERA Act, and other knowledge of the real estate sector.

Meanwhile, homebuyers looking to invest in real estate in the festive season that will begin with Ganesh Chaturthi, should keep in mind the following things while choosing a real estate agent.

1) Check MahaRERA registration

The MahaRERA has made it mandatory for all real estate agents to register with the regulatory authority since May 2017. The MahaRERA has also mandated that real estate agents must display their RERA registration number and QR code on all promotional activities being carried out by them.

2) Check if the agent has appeared for competency examination:

The MahaRERA had in January 2023, mandated that all registered real estate agents should appear for a competency examination by September 01, 2023. As mentioned earlier, only around 10 percent of the agents have appeared for and cleared the same.

Hence, homebuyers should check if the real estate agent they are dealing with has cleared the competency examination or not.

The MahaRERA will issue a certificate to every real estate agent that clears the exam, and homebuyers can ask the agents to furnish this certificate.

3) Check if agent has progress reports on projects

The MahaRERA in February 2023, directed real estate agents to make half-yearly progress reports public from financial years 2023-24. In the progress report, MahaRERA had mandated that real estate agents will have to furnish information on developer projects they are representing, and other details, including transactions made in a particular real estate project, excluding the individual financial gains.

The real estate agents were asked to upload all these details on their respective web pages. Hence, homebuyers should check if the real estate agents they are dealing with are complying with the above regulations of MahaRERA.

4) Check if the developer has uploaded details of the registered real estate agent

Homebuyers should keep in mind that all real estate develoopers are mandated to deal only with real estate agents that are registered and compliant with MahaRERA regulations.

The developers are also expected to upload details of real estate agents they intend to deal with in particular projects on the MahaRERA web-page. Hence, homebuyers can find the names and details of real estate agents that are MahaRERA compliant, on these web-pages.

5) Cross verify details

Homebuyers should cross verify all the details given by real estate agents about a particular project with the MahaRERA web-page and the developers before investing in a particular project. Several details such as the carpet area, project completion date, amenities, litigation if any, permission status should be available on the MahaRERA portal along with details of the developer.

Source: https://www.moneycontrol.com/news/business/real-estate/5-things-homebuyers-in-maharashtra-must-look-for-in-their-real-estate-agent-11356661.html

MahaRERA Clears 323 Project Registration Applications in Three Months

PUNE: The MahaRERA cleared 323 of the total 1,100 project registration applications in the last three months following due verification by the respective local bodies.

A majority of the applications cleared (117) was from Pune district, followed by Raigad (52), Thane (48) and Mumbai suburban (35). From June 19, the Maharashtra Real Estate Regulatory Authority (MahaRERA) started granting registrations only after verification of commencement certificates (CC) issued by the civic bodies. “Only 323 applications have been cleared in the last three months. The rest are in the process,” a senior MahaRERA official said on Tuesday.

The local bodies have been directed to either integrate their website with that of the real estate authority or send separate emails with the CC. “Only Brihanmumbai Municipal Corporation (BMC) has initiated the process of integrating its website with that of MahaRERA, while the others are sending emails to the authority,” the official said. Seventy-five builders submitted the CCs personally to MahaRERA, but their applications were not cleared. “Unless MahaRERA receives the CCs from the civic bodies concerned, we will not clear the registration applications,” the official said.

MahaRERA officials said after the local authorities email the CCs, they are compared with those provided by the developers. “The authority made the clearance mandatory from the local authority after bogus documents were submitted for project registration in Kalyan-Dombivli, which led to the de-registration of the projects. A similar issue came to fore in in the Vasai-Virar area last month,” another MahaRERA official said.

Following such fake documents, MahaRERA had asked the state’s urban development department to put in place a system wherein all approvals granted for real estate projects, such as commencement and occupation certificates, are displayed on a dedicated portal by the respective competent authorities to be verified by both the buyers as well as MahaRERA.

“A coordinated system from local authorities will help bring in necessary checks,” said Murli Nair, who recently booked a flat in a MahaRERA registered project in Pune. Maharashtra Society Welfare Association chairperson Ramesh Prabhu
said, “MahaRERA needs to engage the services of some agencies for physical inspection of sites and documents before granting registration to avoid any fraudulent activity.”

Source: https://realty.economictimes.indiatimes.com/news/rera/maharera-clears-323-project-registration-applications-in-three-months/103489846

Telangana Rera Initiates Virtual Hearing Of Complaints

Hyderabad For faster resolution of the complaints against illicit builders and developers, the Telangana Real Estate Regulatory Authority (TS-RERA) Chairman Dr N Satyanarayana announced that the authority has initiated virtual hearing of the cases from home buyers and property investors.

Along with TS-RERA members – J Lakshminarayana and K Srinivasa Rao, he started an online hearing at their office. An online inquiry was conducted as per the complaint received from a complainant.

Satyanarayana said, “Within 40 days of the establishment of the TS-RERA, we have started the virtual hearing system so that the complaints can be resolved more quickly. The complainants can attend the online hearing even if they are from any part of the world or in an inaccessible situation, and cannot attend the hearing.”

The TS-RERA Chairman warned that no advertisement should be issued without having RERA registration and legal action would be taken against those who were found violating the rules of the RERA Act, 2016.

Source: https://www.rprealtyplus.com/news-views/telangana-rera-initiates-virtual-hearing-of-complaints-112012.html

Unregistered projects in Chandigarh to face RERA action

RERA had issued a public notice giving one month to owners of all real estate projects in Chandigarh being undertaken without requisite registrations
With the one-month deadline for registering real estate projects now over, the Real Estate Regulatory Authority (RERA) of Chandigarh has decided to initiate suo motu action against the violating builders.

On June 23, RERA had issued a public notice giving one month to owners of all real estate projects being undertaken without requisite registrations. The notice stated that they will have to pay up to 10% of the estimated cost of the project as penalty if they fail to register within a month. However, even after two months, no builder came forward for registration of their projects.

As per the Real Estate (Regulation and Development) Act, 2016, it is mandatory for all residential and commercial real estate projects, where the area of land proposed to be developed is more than 500 square metres or the number of apartments or offices proposed to be developed is over eight, to register with RERA to protect the interests of consumers and ensure speedy disposal of disputes.

However, only six projects in Chandigarh have been registered since the Act came into force. As per sources, around 15 more projects were under construction without registration.

Among the six registered projects, three are by the Chandigarh Housing Board (CHB), including the Sector 53 housing scheme, 2008 employees housing scheme and Sector 51 housing scheme. The remaining three projects include Godrej and Lifestyle Buildcon in Industrial Area, and Rajiv Gandhi Technology Park.

RERA secretary Palika Arora said, “We have already written to the UT Estate Office and Registrar Cooperative Societies to provide us the list of incomplete projects so that action can be taken.”

She said maximum constructions were going on in the rural areas of the city. Action will also be taken against carving of plots on agricultural land, Arora added.

The Real Estate Act covers all bodies (private and public) that develop real estate projects for sale to the general public. In the absence of the Apartment Act, the Chandigarh Housing Board is the only government agency responsible for construction of residential units in the city.

Source: https://www.hindustantimes.com/cities/chandigarh-news/real-estate-regulatory-authority-rera-to-take-action-against-builders-violating-registration-deadline-in-chandigarh-101693006039179.html

SC issues notices to states which are yet to establish RERA

The Supreme Court recently issued notices to the chief secretaries of Nagaland, Meghalaya, Sikkim and the Union Territory of Ladakh to give their responses on the lack of establishment of the Real Estate Regulatory Authority (RERA) in their states.

A bench of justices Sanjiv Khanna and SVN Bhatti also asked the chief secretaries of Arunachal Pradesh, Meghalaya, Mizoram, Sikkim and West Bengal, and the Union Territory of Jammu and Kashmir to file their responses on the current situation as these states have only passed the interim orders to notify the Real Estate Regulatory Authority.

“In view of the aforesaid summary/chart, we deem it appropriate to issue notice to the respective Chief Secretaries for the States of Nagaland, Meghalaya and Sikkim, and the Union Territory of Ladakh, who have yet to notify the RERA Rules or have notified the RERA Rules but are yet to establish the Real Estate Regulatory Authority,” the court observed.

“Also respective Chief Secretaries for the States of Arunachal Pradesh, Meghalaya, Mizoram, Sikkim and West Bengal, and the Union Territories of Jammu & Kashmir who have passed only interim orders notifying the Real Estate Regulatory Authority or are under process to establish,” the court stated in its August 11 order. The court added that affidavits would be filed by the chief secretaries concerned, indicating the progress made with regard to the enforcement and implementation of the Real Estate (Regulation and Development) Act, 2016, within a period of 60 days from the date of service of this order. With these observations, the court relisted the matter in January, next year.

Additional Solicitor General has submitted a chart with the heading “Real Estate (Regulation & Development) Act, 2016 RERA – Implementation Progress Report”. According to the chart, all States/UTs have notified rules under RERA
except Nagaland, which is in the process to notify the rules.

32 States/UTs have set up Real Estate Regulatory Authority. Ladakh, Meghalaya and Sikkim have notified the rules but have yet to establish the authority while 28 States/UTs have set up Real Estate Appellate Tribunal. Arunachal Pradesh, Jammu and Kashmir, Ladakh, Meghalaya, Mizoram, Sikkim and West Bengal are in the process of establishing the same, the chart indicated.

The regulatory authorities of 30 States/UTs have operationalised their websites under the provisions of RERA. However, the ones in Arunachal Pradesh and Manipur are in the process of being operationalised. The chart also said that 1,09,308 real estate projects and 77,704 real estate agents have registered under RERA across the country. 1,11,222 complaints have been disposed of by the Real Estate Regulatory Authorities across the country, the chart said.

Source: https://realty.economictimes.indiatimes.com/news/rera/sc-issues-notices-to-states-which-are-yet-to-establish-rera/102818538

Retired IAS Sanjay Bhoosreddy becomes UP RERA Chairman

A new chairman has been appointed in the Uttar Pradesh Real Estate Regulatory Authority (UP RERA). The government has appointed retired IAS Sanjay Bhoosreddy as the chairman of UP RERA.

Retired IAS Dimple Verma has been appointed as member, RERA. Dimple Verma is the wife of Prashant Kumar, Special DGP, Uttar Pradesh.

Selection committee meeting was held in Prayagraj
A three-member committee headed by the Chief Justice has been constituted for the selection of the chairman and members of RERA. In this, Additional Chief Secretary Nitin Ramesh Gokarn and Principal Secretary Justice Pramod Kumar Srivastava were included as members.

In the meeting of this committee, the process was completed by calling and interviewing each and every member who applied for both the posts. After this, the committee sent its recommendation to the government.

The applications of about 23 people for the post of president and about 26 for the post of member were placed before the committee. Many former officers have applied for both the posts.

There were more than 30 contenders for the post of president and member
A meeting of the selection committee was held in Prayagraj on last Saturday for the selection of one post of chairman and member of UP RERA. The meeting, chaired by Justice Manoj Gupta, nominated by the Chief Justice of the Allahabad High Court, considered about three dozen names who had applied for the post of chairperson and one member.

Among them former Chief Secretary RK Tiwari, Sanjay R. The names of several former senior IAS officers including Bhoosreddy, T Venkatesh, Dimple Verma and Aradhana Shukla also figure in the list. After the meeting, the envelope containing the recommendations of the committee was sealed and sent to the Chief Minister.

Source: https://news24online.com/cities/delhi-ncr/retired-ias-sanjay-bhoosreddy-becomes-up-rera-chairman-prn/158952/

Rajasthan Rera Revises Registration Fees For Plotted & Commercial Schemes

Real estate developers have to pay more from August 1 for registering their plotted and commercial schemes under Rajasthan Real Estate Regulatory Authority (RERA) as the authority has increased fees.

As per the RERA rule, if a promoter proposes to develop a project comprising nine or more plots, on a piece of land having an area of more than 500 square metre, then the project is liable to be registered under RERA.

Now, the RERA has revised the registration charges and fixed Rs 10 per square metre as standard fee.

RERA registrar has issued an order in this regard and the new regulations will be applicable on the schemes from August 1. “The current registration fee for plotted development projects on residential plots is Rs 5 per square metre. For commercial, industrial, and mixed-use plots, it is also Rs 5 per square metre. However, now the authority has decided to introduce a standard fee in addition to this registration fee. This standard fee will be charged at the rate of Rs 5 per square metre for residential plots and Rs 10 per square metre for commercial, industrial, and mixed-use plots.”

According to RERA sources, this standard fee will be applicable not only to schemes launched by private developers but also to schemes initiated by government agencies, such as municipalities, Urban Improvement Trusts, development authorities, Rajasthan State Industrial Development and Investment Corporation and housing boards.

Source: https://www.rprealtyplus.com/news-views/rajasthan-rera-revises-registration-fees-for-plotted-commercial-schemes-111622.html

RERA brought transparency in Real Estate Segment: MahaRERA Chairman

The introduction of RERA has not only brought transparency in the real estate segment but also made timely completion of projects a buyers’ right, averred Ajoy Mehta, IAS and chairman, MahaRERA, on Saturday.
Speaking as a chief guest at the special general body meeting of CREDAI Pune Metro here, he said, “In projects launched pre-RERA, MahaRERA has had received complaints against 23 per cent of the projects, whereas in projects launched post RERA, complaints have been received against 3-5 per cent of projects only.”

Emphasising the benefits of RERA, he informed that “Before RERA came, there was a lack of transparency in the real estate sector. The buyers did not even know if the developer had all the necessary permissions to start the project. Timely completion was a privilege earlier, not a right. However, post the introduction of RERA, it is a legal right.” Mehta further said that a regulatory body like RERA was needed for the real estate sector because of its sheer magnitude of scale in terms of customers and financials.

“Almost 60 per cent of the resources of middle-class home buyers are utilised for buying a home. Today, in Maharashtra, about 14 lakh home buyers are waiting for the delivery of their homes. The investments that have gone in these projects are to the tune of Rs 1.6 lakh crore,” he added. Mahesh Pathak, IAS, member 1 MahaRERA, office-bearers of CREDAI Pune Metro including Ranjit Naiknavare newly elected president, Shrikant Paranjape, Manish Jain, Ashwin Trimal and Aditya Javdekar were also present on the dais on the occasion. While, representatives of other associations related to real estate and about 200 members of CREDAI Pune Metro were present for the meeting.

Source: http://www.uniindia.com/rera-brought-transparency-in-real-estate-segment-maharera-chairman/business-economy/news/3020595.html

MahaRERA issues notices to 563 developers for non-compliance in project detail uploads; Pune tops the list

Real Estate regulator Maharashtra Regulatory Authority of India (MahaRERA) has issued notices to 563 real estate developers in Maharashtra warning of cancellation of their registration owing to non-compliance of uploading details on the website of MahaRERA for the homebuyers.

Out of the total 563 developers, Pune tops the list with 124 developers being non-compliant despite being issued notices earlier.

Background

The MahaRERA had in May 2023, issued notices to around 746 developers for non-compliance of uploading quarterly progress reports and other project details including financial disclosures on the website of the MahaRERA. Out of the 746 developers, 183 developers complied and uploaded details.

However, according to MahaRERA, 563 developers have not complied by not uploading details in the public domain despite receiving notices.

Warning notice giving 45 days:

“If the required information is not updated and responded within 45 days, the registration of the project will be canceled and all transactions like bank, construction, new registration of the project will be stopped,” the MahaRERA said in a statemen issued on July 18.

The notice issued by MahaRERA to developers reads, “You have chosen not to comply with the above-referred provision of Section 11(1) of the Act despite issuance of service of the notice. Please note that, if you fail show cause within the time period of 45 days mentioned herein, necessary orders as deemed fit shall be passed by the Authority entirely at your risk as to cost and consequences.”

Under the RERA Act, developers are required to submit project status, the financial position of the project, booking numbers, annual reports and other details.

Where are the projects?

According to a list shared by MahaRERA, out of 563 developers who have not complied, maximum non-compliant 124 developers are from Pune district, 98 in Nashik district, 71 in Thane district, 48 in Nagur district and 38 from Mumbai etc.

Non-compliance ratio

On February 18, Moneycontrol reported MahaRERA’s statement of around 75 to 80 percent of ongoing registered projects in Maharashtra not regularly uploading quarterly progress reports on the project status and finances.

Sanjay Deshmukh, Nodal Officer for MahaRERA’s lapsed project vertical, during a panel discussion on February 17, had said, “As per the RERA Act, a developer is supposed to submit quarterly and annual reports. However, for about 75-80 percent of the ongoing projects, quarterly reports were not uploaded. We have issued notices and developers have begun the compliance process.”

Source: https://www.moneycontrol.com/news/business/real-estate/maharera-issues-notices-to-563-developers-for-non-compliance-in-project-detail-uploads-pune-tops-the-list-10982511.html