Tag: rera-os

BHUBANESWAR: In a major development, the state government on Saturday announced a slew of measures including steps to streamline registration of common areas in apartments and preparation of modalities for registration of pre-RERA projects to protect the interest of home buyers as per norms of the Real Estate (Regulation and Development) Act 2016 and Odisha Apartment (Ownership and Management) Act, 2023.

The announcements were made following a consultative meeting of the stakeholders chaired by Housing and Urban Development secretary Usha Padhee to identify challenges in implementation of the new Odisha Apartment Ownership Act.

The department authorities said in view of the prescribed norms for registration and handing over of possession of the apartment and the common area in favour of home buyers under the law, the registration fee and stamp duty will be charged in a way that the same are not taken twice for the same space.

Bifurcation of cost will be provided in the agreement of sale for the calculation of the cost of the apartment and common areas. ORERA authorities will issue instruction to all stakeholders concerned to clearly indicate the bifurcated cost of common areas and cost of apartment in the agreement for sale.

If no such bifurcation has been made during registration of the deed, they will annex an additional schedule indicating the cost of the apartment concerned; cost of the common areas appurtenant to the apartment; cost of the project; and cost of the entire common area to facilitate appropriate calculation of the registration fees and stamp duty.

The H&UD department will also directed all the competent authorities to issue a Certificate of Registration of Association in favour of the associations covered under the provisions of Apartment Ownership Act. It will submit a proposal to the Revenue department regarding adoption of the model devised by Chhattisgarh government towards collection of a nominal registration fee and stamp duty on registration of the common areas, officials said. A consultative meeting will also be held soon to finalise the modalities for pre-RERA apartments to pave way for their registration, officials said.

Source: https://www.newindianexpress.com/states/odisha/2024/Nov/10/odisha-govt-to-streamline-registration-of-common-area-modalities-for-pre-rera-projects

The Kerala Real Estate Regulatory Authority (K-RERA) has issued notices to 63 real estate projects in the State for not submitting online tri-monthly reports for the current calendar year. Out of 582 projects only 519 filed their reports, said K-RERA.

Sources in the authority said that tri-monthly reports are part of the process of building transparency in the real estate business. The reports give a clear idea about the progress of works for consumers and ensures confidence in the builder.

The State government had recently issued a circular instructing local government bodies about the procedures to be followed to get plot development projects registered with the regulatory authority. The circular, issued on March 16, said the rules governing the registration of plot development and sale of the plots should be displayed for the public in the offices of local bodies.

The circular instructed the secretaries of local bodies concerned to issue stop memos in cases where plot development and sales were done without regulatory sanctions or permission for layouts. The stop memos are to be issued under the Panchayati Raj rules of 1994 or Kerala Municipality Building Rules.

There has been a surge in the number of real estate projects during the last calendar year. The numbers had increased 32.70%. While a total of 159 projects were registered in 2022, the number rose to 211 in 2023. A total of 191 real estate projects reported their completion during the year 2023.

The largest number of registrations in 2023 fell under the residential apartments category, accounting for 122. There were also 56 villa projects. Twenty-one plots of land were registered. Commercial-cum-residential projects registered during 2023 totalled 12.

Source: https://www.thehindu.com/news/cities/Kochi/kerala-real-estate-regulatory-authority-issues-notice-to-63-real-estate-projects-for-not-filing-tri-monthly-report/article68091143.ece

The sale of development plots not registered with the Kerala Real Estate Regulatory Authority (K-RERA) may face hurdles if the government approves a recommendation by the K-RERA. The authority has written to the chief secretary seeking a directive to the registration department not to allow sales deed registration of such plots not registered with the RERA.

As per law, development projects that exceed 500 sq m of land or those with more than eight apartments, villas or plots require mandatory registration. But many realtors skip the rule contending that registration was not required for projects that did not meet both criteria. Now, the RERA has issued a clarification that each of the criteria is standalone and has warned of penal action against offenders.

Tamil Nadu issued such a directive to sub-registrars and the level of compliance with the law in that state has increased significantly, the letter said. The government is yet to take a decision on the matter. If approved, the rule will pave the way for near-total compliance in the realty sector.

It will also increase the government’s revenue from stamp duty and registration because, usually, actual sales will be recorded in the agreement. Details in the sales deed, like the extent of the property and accessibility details, will help sub-registrars ascertain whether it is a real estate project requiring RERA registration.

“The issue was flagged by some customers who booked units in unregistered projects. Also, we identified many violations by browsing social media advertisements. Suo motu action was taken against them. We hope that the clarification will result in more compliance. More buyers will get protection under the provisions of the Kerala Real Estate (Regulation and Development) Rules, 2018,” K-RERA chairman P H Kurian said. Delhi and Rajasthan had issued this clarification earlier.

Offenders will face a penalty of up to 10% of the project cost. The RERA is now working in tandem with the local self-governments to book violations. LSG secretaries have been asked to pass on information about projects which do not have K-RERA registration and the mandatory permit from LSGs. All real estate projects, irrespective of their threshold, require a permit from the local self-government.

Source: https://www.newindianexpress.com/states/kerala/2023/may/26/k-rera-wants-government-to-block-saleof-plots-not-registered-with-it-2578652.html

In a major relief to the builders, the High Court has issued a restraint order on the registration fee hike notification issued by the Odisha Real Estate Regulatory Authority (RERA).

The hearing came on a petition filed by the Confederation of Real Estate Developers’ Association of India (CREDAI).

As per the rule of the RERA, when a builder seeks permission to construct eight or more flats, he has to get the project registered. Earlier, to register their projects, the builders had to deposit Rs 10 per square meter.

But on July 28, 2022, the RERA issued a notification announcing that the registration fee has been hiked from Rs 10 to Rs 200.

Challenging this, the State chapter of the Confederation of Real Estate Developers’ Association of India (CREDAI) moved the Orissa High Court, praying for the cancellation of the notification. They alleged in their petition that the RERA doesn’t have any right to hike fee. The government can instead do this.

While hearing the petition today, the State’s apex court directed the Odisha government and the RERA to furnish their responses.

The court also directed the RERA to deposit the money if collected in a bank account with accruing annual interest until the final judgment. If the final judgment goes against the RERA, the money will be refunded or vice versa.

Source: https://odishatv.in/news/odisha/orissa-hc-issues-restraint-order-on-rera-s-registration-fee-notification-provides-relief-to-builders-200862

The Inspector General of Registration (IGR), Odisha on Wednesday clarified before the Orissa High Court that the restrictions imposed on registration of apartments will not be applicable to projects which had received completion certificates from competent authority prior to May 1, 2017, the date of commencement of the Real Estate Regulatory Authority (RERA) Act 2016.

IGR had on July 14 issued a public notice stating that the restrictions will not be imposed on any project ‘completed’ before implementation of RERA Act 2016. But the court had asked the IGR to properly clarify the word ‘completed’ as it can lead to ambiguity. IGR Jyotiprakash Das gave the clarification in an affidavit.

Taking note of it, the division bench of Chief Justice S Muralidhar and Justice MS Raman directed the IGR to notify the clarification again promptly as a ‘corrigendum’ and give wide publicity so that the ambiguity attached to the word ‘completed’ in the public notice issued on July 14, 2022 is dispelled.

The court was hearing a PIL filed by a Bhubaneswar-based apartment owner Bimalendu Pradhan challenging the validity of the Odisha Apartment Ownership (Amendment) Rules 2021 on the ground that it is contrary to provisions of the RERA Act, 2016. Advocate Mohit Agarwal argued on behalf of the petitioner. In an interim order on May 12 the court had directed the IGR to strictly ensure that the sale deeds registered hereafter abide by the RERA Act and rules thereunder.

Source: https://www.newindianexpress.com/states/odisha/2022/dec/08/orissa-hc-seeks-clarification-on-flats-registration-2526160.html

Complying with the assurance made to Orissa High Court, the State government on Monday notified the Odisha Real Estate (Regulation and Development) Amendment Rules 2022. The new rules have been notified by the Housing and Urban Development department after suitable modifications to the existing Odisha Real Estate (Regulation and Development) Rules 2017.

Officials said the gazette notification of the amended rules intends to ensure smooth implementation of the RERA Act for the government and also to make its compliance easier for all stakeholders including promoters and buyers.

As per the amendments, the promoter will have to abide by the time schedule for completing the project as disclosed at the time of registration with the authority. Any imposition or increase of development charges after the expiry of the deadline of a project will not be charged from the allottees.

Besides, the allottees will also have the right to visit the site to assess the extent of development of the project and his/her apartment or plot. The amendment rules also clarify that the promoter will hand over the common areas of the project to the association of allottees after duly obtaining the occupancy certificate from the competent authority as provided in the Act.

In the absence of any local law, the promoter will hand over the necessary documents and plans including common areas to the association of allottees or the competent authority, as the case may be, within 30 days after obtaining the occupancy certificate. Besides, a number of other modifications have been made in the rules to streamline the agreement for sale of houses and make the rules compliant with the Real Estate (Regulation and Development) Act, 2016.

RERA activists who welcomed the amended rules said attempts have been made to bring clarity on the transfer of common areas to the association and give due importance to the occupancy certificate. They, however, suggested that the power to resolve disputes in the agreement should be brought before the RERA Authority and not adjudicating authority as mentioned in the rules.

The State government in the last week of August had assured the High Court to bring the amended ORERA Rules without four weeks.The notification of the amended rules assumes significance in view of the ban the court had imposed on the registration of sale deeds relating to apartments and flats without conforming to provisions of the RERA Act.

Source: https://www.newindianexpress.com/states/odisha/2022/sep/13/odisha-notifies-amended-real-estate-regulation-rules-2497717.html

The State government has sought recommendations from the Odisha Real Estate Regulatory Authority (ORERA) to bring necessary modifications to the agreement for sale provision under Odisha Real Estate (Regulation and Development) Rules-2017 in conformity with the RERA Act and its rules.

The government move comes following the order of the Orissa High Court in this regard on June 22. As per the HC order, the State government will also re-examine and bring necessary changes to the format of the ‘agreement of sale’ in the rules in line with the RERA act.

Accordingly, the Housing and Urban Development department has sought recommendations from ORERA in this regard. Sources said necessary amendments are required to remove the difficulties in the existing ‘agreement to sell’ provision prescribed in the ORE (R&D) Rules 2017 which has led to non-registration of the sale agreement by the Inspector General of Registration (IGR).

RERA activists said no clause in the agreement to sale should allow any part of the ‘common area’ to be with builder or even booked or sold to individual buyer as the entire land as well as common area of a project is required to be registered in the name of the ‘Association of Allottees’ formed under the Act.

The agreement to sell also must clearly mention the ‘saleability of Covered Parking’, a tabular format for price breakup, cost of the land, share of land and common areas as well as transaction relating to carpet area.

Source: https://www.newindianexpress.com/states/odisha/2022/jul/13/state-government-seeks-odisha-rera-help-to-bring-changes-to-real-estate-rules-2476037.html