Tag: rera-os

Real estate developers may have to pay heftier penalties if they fail to keep the December 31 deadline for compulsory registration of ongoing real estate projects in the State.

With many developers yet to register their projects with the Kerala Real Estate Regulatory Authority (K-RERA), the authority has warned that the hefty penalty could turn even heavier if they failed to meet the deadline. After December 31, the penalty will be determined by K-RERA on a case-to-case basis following a hearing, the State regulator said.

“The promoters may take notice that the penalty for non-registration of projects may be extended up to 10% of the estimated cost of the project, as laid down under Section 59 of the Real Estate (Regulation & Development) Act, 2016,” K-RERA said in a final notice in this regard issued on December 17.

Already, non-registration of projects carries a penalty of 40% of the application fee which was fixed on October 31 this year following the sluggish response to a K-RERA plea to get the projects registered. This condition is valid only till December 31, when K-RERA will complete one full year.

In its final notice, K-RERA also noted that Section 59 (2) stipulates that “if any promoter does not comply with the orders, decisions or directions issued by this authority in this regard or continues to violate the provisions of Section 3 of the Act, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further l0% of the estimated cost of the real estate project, or with both.”

The Real Estate (Regulation and Development) Act, 2016, requires builders to register projects with the State-level RERA. Registration is also compulsory for real estate agents. K-RERA has so far received around 500 applications from builders. In all, 318 registered real estate projects have been uploaded on the K-RERA website. In all, 107 real estate agents also have registered with K-RERA so far.

Source: https://www.thehindu.com/news/national/kerala/hefty-fine-awaits-realtors-skipping-k-rera-deadline/article33386936.ece

Ladakh has become the 34th union territory to have notified the rules under the Real Estate (Regulation and Development) Act leading the way for property development to take place in the region.

“Extremely happy to share that Ladakh becomes the 34th State/UT, which has notified Rules under RERA. It was done on 8 October 2020. It paves the way for implementation of this transformative legislation in the Union Territory, opening new vistas of real estate development journey,” secretary, ministry of housing and urban affairs, Durga Shanker Mishra tweeted.

In August, the union territory of Jammu and Kashmir had notified the rules under RERA becoming the 33rd state/union territory to do the same.

“The move will open up new vistas for the development of the union territory J & K by ensuring efficient & transparent transactions. It will also ensure timely delivery & quality construction of real estate projects,” Mishra had tweeted then.

According to statistics provided by the MoHUA more than 52,000 real estate projects and 40,517 real estate agents have registered under RERA across the country. Nearly 50,000 complaints have been disposed-off by the Real Estate Regulatory Authorities across the country.

Out of this, nearly 57 percent cases or approximately 27,581 complaints were resolved in the last one year alone.

Uttar Pradesh takes the lead with as many as 18,509 cases disposed off by the UP RERA authorities so far, against a mere 5,989 cases a year ago.

Haryana is at a distant second with nearly 9,919 cases disposed of currently as against 3,123 cases in the corresponding period of 2019. Maharashtra’s MahaRERA has so far disposed of nearly 7,883 cases, an analysis by Anarock property consultants has said.

Project registrations have seen a 24 percent annual jump – from 43,208 projects as on July-end 2019 to nearly 53,364 projects presently, the analysis said.

The states with maximum project registrations currently include Maharashtra, Gujarat, Karnataka, Madhya Pradesh, Uttar Pradesh, Telangana and Tamil Nadu.

Following the coronavirus pandemic over 23 states RERA Authorities have so far extended registration of projects by six months and one by nine months following the situation created by the coronavirus pandemic and this has been done to safeguard the interests of homebuyers.

Source: https://www.moneycontrol.com/news/business/real-estate/ladakh-notifies-rera-rules-ushers-in-new-era-in-real-estate-development-in-ut-5952301.html

Bhopal

In view of the corona pandemic, promoters are required to submit applications through RERA web application for registration of project with Real Estate Regulatory Authority (RERA). For scrutiny by the RERA, promoters are required to submit hard copies of only 5 necessary documents. The remaining documents will be submitted online only.

Promoters are required to submit hard copies of 5 documents along with the application i.e. certified photo copy of Khasra (Form B 1), original affidavit for new project and original affidavit cum declaration (Form B) or any other affidavit required with application. Along with this, they are required to submit only A 3 size lay out plan approved by the Town and Country Planning and document of building plan certified by the competent authority. Submission of hard copies of any other documents with the authority is not necessary for the promoters. Only online documents are sufficient for the promoters.

Source: https://indiaeducationdiary.in/now-online-applications-for-projects-registration-will-be-submitted-in-rera/

K-RERA (Kerala real estate regulatory authority) will launch virtual hearing from July on wards to redress rising number of complaints regarding real estate projects; especially those of emergency nature. The registration of real estate projects has also crossed 100 in the state. K-RERA has given registration to 135 projects till date and the figures are expected to cross 200 in next two weeks.

K-RERA has recently communicated that the authority has been compelled to adjourn all the hearings of complaints till June 30. In case of complaints requiring urgent hearing, the complainants have been directed to submit an application through e-mail along with their complaints. K-RERA which began hearing of complainants on February 5 had to put off hearing during lock down and owing to social distancing measures, the authority has been focusing on complaints of emergency nature alone. Over 230 complaints are now pending with K-RERA for redressal and many of the complaints are centred around single project with multiple parties filing complaints against the builder.

K-RERA has recently communicated that the authority has been compelled to adjourn all the hearings of complaints till June 30. In case of complaints requiring urgent hearing, the complainants have been directed to submit an application through e-mail along with their complaints. K-RERA which began hearing of complainants on February 5 had to put off hearing during lock down and owing to social distancing measures, the authority has been focusing on complaints of emergency nature alone. Over 230 complaints are now pending with K-RERA for redressal and many of the complaints are centred around single project with multiple parties filing complaints against the builder.

The authority had thought of an e-court like system to do virtual hearing however the web portal needs to be upgraded to facilitate such a system. Virtual hearing will mainly focus on resolving complaints of emergency nature. “ There are a few complaints which require immediate redressal and it can’t be put off owing to restraints in arranging physical hearing process. Virtual hearing is going to be the way forward,” an official with K-RERA said.

K–RERA officials said that although the number of project registrations has crossed 100, majority of the projects come under ongoing category. Of the 135 projects which have been registered, only two come under new project category. Even with the number of applications pending for registration, less than 10 projects are categorised as new. “ This hints at a dullness in real estate sector given the present circumstances. We hope the situation to change as housing demand could go up,” an official with K-RERA said.

The authority has put off registrations for nearly three months owing to lockdown. There have been issues in proper filing of applications on the part of certain builders causing further delay in processing of applications.

With the frequent recurrence of inaccuracies and irregularities, K-RERA had earlier warned the promoters that it will invoke section 60 of Real estate ( regulation and development) act, 2016 which stipulates that any false information given or any contravention of provision of relevant sections by the promoter will attract a penalty which may extend up to 5% of the estimated cost of the real estate project.

Source: https://timesofindia.indiatimes.com/city/thiruvananthapuram/k-rera-to-introduce-virtual-hearing-from-july-number-of-registrations-cross-100-in-the-state/articleshow/76678138.cms

Bhopal

The builders should be given permission for power connection only after they get registered with RERA.

Chairman of RERA, Anthony de Sa, has dashed off a letter to the additional chief secretary of the energy department about it.

There was confusion among RERA, builders and the power distribution companies over how permission for power connection should be given.

Builders take power connection to complete their project. A house should not be sold to a customer until builder is registered with RERA.

The builders are selling houses without RERA registration and power connection. Consequently, the number of illegal colonies is increasing.

To impose a ban on the illegal colonies, RERA has written that the builders will get power connection when they get registered with RERA.

De Sa has written that, for sale of a house constructed on more than 500sq meters and for sale of more than eight units, RERA permission is necessary.

Such projects as have not been registered with RERA are illegal.

He has also written that RERA registration number should be mentioned in the forms for seeking power connection for housing complexes and housing projects. This should be done so that consumers do not face any problem.

Source: https://www.freepressjournal.in/bhopal/builders-in-mp-should-get-power-connection-after-rera-registration-anthony-de-sa-chairman-of-rera-writes-to-acs-energy

Chief minister will launch Kerala real estate regulatory authority (K-RERA) at Mascot hotel at 3pm on January 1. K-RERA was constituted in October.

K-RERA issued a notice directing that all promoters, builders and developers shall not advertise, market, book, sell or offer to sell apartments, plots of buildings from January 1 without obtaining registration from K-RERA if the apartment has more than eight units or the land proposed to be developed is more than 500m. A similar direction was issued to real estate agents that they shall not facilitate sale or purchase of plot, apartment or building without obtaining registration from K-RERA under relevant sections.

Source: https://timesofindia.indiatimes.com/city/thiruvananthapuram/cm-to-inaugurate-k-rera/articleshow/73012425.cms

Bhopal

Real Estate Regulatory Authority (RERA) of Madhya Pradesh became the first realty regulator in the country to get judicial teeth. Retired district judge, DN Shukla was appointed as first executing officer of RERA on Wednesday.

With the appointment of execution officer it will be legally binding on parties, including realtors and consumers, to follow the directives of the authority.

MP government had amended RERA rules for the purpose and issued a gazette notification facilitating appointment of an executing officer.

In the present set up, if RERA passes an order and the party concerned is unwilling to accept it, RERA moves the civil court. In such a situation, odds are that the matter may get delayed in legal procedures.

Going by RERA statistics, out of the 3,800 complaints it received so far, 2,600 have already been disposed, while 1,200 are pending. Of the total disposed cases, 88% went in favor of allottees, while the remaining 12% went in favour of builders. It means 2,300 went in favor of allottees while 300 to builders.

Of the total 2,300 orders that went against builders, there are about 400 cases in which builders are not complying with RERA orders. The execution officer with powers of both the civil and revenue court would now ensure the compliance of RERA orders.

The appointment required amendments in state RERA rules 27 and 28 that deal with recovery of interest; penalty and compensation; implementing the orders; directions and decisions of the authority. State government did the needful on the proposal of RERA.

The executing officer would take charge in a week. A panel of legal experts comprising senior judges and law secretary conducted interviews after inviting applications and finalised the name of DN Shukla.

Once the executing officer takes charge an allottee in favour of whom order was given by RERA against the builder and the builder is not accepting it, can approach the execution officer in 90 days. The execution fee would also be borne by builders once the order is executed and allottee need to pay only a token sum of Rs 1,000.

RERA chairman Anthony deSa confirmed no other state in country has an executing officer, as of now. He said, it would further strengthen the authority and ensure that its orders are followed without fail.

Source: https://timesofindia.indiatimes.com/city/bhopal/mps-rera-gets-judicial-teeth-first-in-the-country/articleshow/72150219.cms

Bhopal

To ensure that its orders are implemented without any delay, the Real Estate Regulatory Authority (RERA), Madhya Pradesh, has proposed a modification in the rules. If the government gives its nod, MP would be the first state in the country to do so.

According to sources, RERA has suggested appointment of a district judge level officer as an executing officer with the powers of the civil court as well as revenue court. The proposed tweak will require a modification in state RERA rules 27 and 28 that deal with recovery of interest; penalty and compensation; implementing the orders; directions and decisions of the authority.

RERA chairman Anthony de Sa said the proposal has already been sent to the government. Prior to sending the proposal in black and white, the proposal was discussed with the state government. The government has shown its willingness to do so, said sources.

Once the proposed modifications are done, orders of RERA would be implemented more effectively and bring in respite to both buyers and builders, de Sa added.

As per the existing set up, if RERA passes an order and the party concerned is unwilling to accept it, RERA takes up the matter in civil court. Odds are that the matter may get delayed in legal procedures.

On the other hand, if the authority has an executing officer — with the powers of the civil and revenue court — it can settle the grievance at its level.

The case disposal rate of RERA is around 70 per cent. Out of the 3,300 complaints that RERA received so far, 2,200 have already been disposed, while 1,000 are pending. Out of the total disposed cases, 85 per cent went in favour of allottees, while the remaining 15 per cent went in favour of builders. Complaints from Bhopal and Indore account for 60 per cent of the total, while the number of projects registered with RERA is around 2,200.

According to officials, the need for an executing officer was felt in around 300 cases. The number may not be huge, but to ensure all its orders are executed in their true spirit, modification is needed in the rules, the officials added.

Source: www.realty.economictimes.indiatimes.com/news/industry/madhya-pradesh-rera-proposes-modification-in-rules/70519039

INDORE

Madhya Pradesh Real Estate Regulatory Authority (RERA) has witnessed a sharp drop in cases from Indore in the past two months with number of complaints dropping to 60 per hearing as against over 100.

Of the three RERA centres in the state, Indore gets highest number of complaints from customers, followed by Gwalior and Jabalpur. But in past few months complaints have reduced.

RERA member A D Kapaley said, “Cases have dropped significantly from over 100 to just 50 to 60 per hearing. This is a good sign indicating increased compliance resulting in fewer grievances from the customers.”

RERA hears cases thrice in a month in Indore as against once in a month in Gwalior and Jabalpur. Most of the cases in Indore are related to delay in possession for residential property, lack of development and unfulfilled promises under a deal.

Kapaley said, “Most of the cases in Indore were related to a few projects after the promoter duped hundreds of customers. As they are getting resolved gradually, new complaints are very few and this is really a good sign.”

Recently, the authority sent notice to an Indore-based realtor for not keeping promises made to customers even after receiving 80% of the payment.

Kapaley said, “Complaints were brought to our notice after which sent a notice to builder and denied registration in RERA for any future projects when he approached the authority for extension of his existing projects.”

In the total 45 cases received by the RERA against the realtor, it directed promoters to return money to customers. Until now over a dozen of customers have received demand drafts from the promoter.

Source: https://realty.economictimes.indiatimes.com/news/regulatory/madhya-pradesh-rera-tightens-the-noose-on-violators-plaints-drop-40/69317729