Tag: rera-os

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

The Kerala Real Estate Regulatory Authority (K-RERA) has imposed a penalty of around ₹1 crore on real estate promoters for not registering their projects with the authority.

Registration with K-RERA is mandatory as per rules, and non-compliance could invite fine up to 10% of the project cost.

“The public should visit rera.kerala.gov.in before buying a property to confirm whether it is registered under the authority. Real estate agents who are dealing with projects should also register with the authority,” K-RERA chairman P.H. Kurian said here on Saturday.

Maintaining that the sale of land above 12 cents in plots will also come under the purview of the authority, Mr. Kurian urged buyers of units in commercial real estate to approach the authority and verify whether the promoters had received all necessary clearances.

With the real estate sector in the State showing signs of revival in the post-pandemic scenario, Mr. Kurian said the authority had initiated steps to ensure that buyers received interest from promoters for the delay in delivering property in time.

However, projects that received occupancy certificates before May 1, 2017 will not come under the ambit of the authority.

Around 650 of the total 1,147 cases against lapses in real estate projects registered by buyers have been resolved, according to official estimates.

Source: https://www.thehindu.com/news/national/kerala/register-or-face-the-music-k-rera-tells-real-estate-promoters/article65240503.ece

At least four real estate projects are getting registered every day in the Real Estate Regulatory Authority (RERA) this year in the state. If the number of registration of projects is anything to go by to understand the real estate scenario in Madhya Pradesh, the projects registered in the past three months this year in MP, is more than the total number of projects registered in the year 2020-2021.

RERA officials said, along with big cities, applications are being received for project registration from small towns like Dindori, Jhabua, Katni, Alirajpur, Rajgarh, Betul and Shajapur. As a result of this, there has been an expected increase in the project registration work of RERA this year as compared to last year.

The number of registered projects in the year 2020-2021 was 232 while 352 projects have been registered so far this year. This is 50% more than the previous year. Due to the second and third wave of corona in the financial year 2021-2022, the office work has also been adversely affected.

RERA Secretary Neeraj Dubey has informed that about 1,706 registrations were done after a brief examination in the already ongoing projects at the time RERA Act came into force.

Around 1,116 and a total of 2,822 projects have been registered in the subsequent four years. The average of new project registrations for four years is about 279, while in the fifth year alone the number of registrations has increased to 352. To ensure compliance of the provisions of the Act, the authority has issued notices to the colonizer in about 42 cases and also imposed fines. It may be mentioned that such action has been taken for non-compliance of the orders passed in favor of the allottees. The registration of a project has also been cancelled, officials added.

Source: https://timesofindia.indiatimes.com/city/bhopal/four-real-estate-projects-are-registered-with-rera-daily/articleshow/89979842.cms