Promoters must ensure compliance of issued directions to avoid penalty: UP-RERA

Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) on Friday reviewed the status of the directions passed recently and found that promoters have indulged in non-compliance of its directions besides granting them sufficient time.
During the review, it was found that out of 1,810 promoters, only 666 promoters have uploaded details of director for correspondence. The authority has issued approximately 130 notices to promoters in violation of advertisements rules.
Sanjay Bhoosreddy, chairman, UP-RERA, “The directions had been issued to ensure swift registration, extension along with bringing transparency, responsibility and answerability. We expect that promoters will act as per the directions.”

Hence, UP-RERA has issued an office notice under the provisions of section-37 of the RERA Act to promoters of registered projects and expressed its displeasure about non-execution of passed direction in a time bound manner.
Also, the authority has instructed to ensure the execution of all directions without further delay. According to the provisions of the RERA Act, non-compliance of passed directions from RERA is a punishable act and promoters will be responsible for this. The authority, using its powers under section 63 of the RERA Act, may take strict action and impose appropriate amount of penalty.

In previous months, UP-RERA had issued directions about promotion and advertisements of registered and unregistered projects and mentioning RERA registration number and portal prominently, uploading coordinates of a designated director of organization for correspondence with RERA, update and correct the filled details of projects on the RERA portal, maintain active telephone numbers for consumers and appointing knowledgeable person to answer them and activate helpline numbers for mega projects.

Apart from this, the directions include providing complete details in project registration applications, all three bank accounts with standing instructions to banks to speed up project registration process, utilize model agreement for sale uploaded on the portal for agreement with consumers, uploading all QPRs for approval of extension applications, etc.


To avail benefits of registration extension, promoters must upload QPR on portal: UP-RERA

Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has directed promoters to upload latest Quarterly Progress Report (QPR) on the portal to avail benefits of extension of project registration. Uploading QPR periodically on portal is one of the key responsibilities of the promoter that enables the consumers of real estate sector to access progress of the project on regular intervals. Pramod Kumar Upadhyay, secretary, UP-RERA said, “Promoters must ensure their responsibility as per the RERA Act which is important for the consumers. Updating QPR on portal is one of them which are completely connected with project completion. All promoters must focus on this part and assign knowledgeable person for this to ensure its implementation and avoid penalty.”

While reviewing applications of extension of registered projects, the Regulatory Authority noticed that promoters have not uploaded QPR of many quarters. Apart from this, promoters of 732 projects have not filled targets and promoters of 356 projects have not updated targets on the portal. Hence, UP-RERA has imposed penalty of Rs 2 lakh per project on 732 projects and Rs 1 lakh per project on 356 projects. The authority has advised promoters fill details of QPR autiously.

They have to ensure that QPRs of past quarters have been filled before filling latest. In case of due QPR of past quarters, they have to pay delay charges. Then only they will be allowed to fill QPR of current quarter. Further, only after updating all QPRs on the portal, the promoters will be allowed for extension of project registration. The projects having completion certificate (CC) and being uploaded on the portal, need to pay delay charges and update QPR till the time of CC obtained.


UP RERA warns Buyers, Investors against misleading, Fraudulent Ads

NOIDA: The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) on Tuesday termed the advertisements of Sarvottam World as “misleading and fraudulent” and warned buyers and investors against its upcoming project.

The UP RERA noted that a real estate project named ‘Megapolis/Sarvottam Megapolis’ in a hi-tech township named ‘NEWOIDA’ is being advertised by a promoter ‘Sarvottam World’ and being broadcast and publicized on all platforms of media – newspapers, radio, digital, etc, according to an official statement.
“In this regard, we have to inform and warn stakeholders of the real estate sector that the said advertisement is completely misleading and fraudulent. As per the description presented in the advertisement, there is no such project registered with RERA,” UP RERA Secretary Pramod Kumar Upadhyay said.

The mentioned registration numbers in the advertisements – UPRERAPRJ10825, UPRERAPRJ10851 and UPRERAPRJ11033 belong to another promoter i.e Uttam Steel and Associate (Consortium) and Ansal Hi-Tech Township, he said.

“This type of advertisement by the promoter is a violation of the provisions of the RERA Act. This type of advertisement creates waves of a negative image about the promoter towards the stakeholders of the sector. This may likely cause injustice to the buyers,” Upadhyay said.
“This act of the promoter is punishable under RERA Act 2016 and appropriate action is being ensured so that the interests of all the stakeholders associated with the entire real estate sector can be protected and the promoters must ensure to abide by the RERA Act,” he added.

The UP RERA said it is committed to the regulation and development of the real estate sector in the state. It also appealed to potential and future buyers and investors in the
real estate sector that before purchasing or investing in any project, ensure to obtain all the information related to the project through the registration number given in the advertisement that is available on the RERA portal, www(dot)up-rera(dot)in, and then only take a decision.


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, 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,

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


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.


Builder & Buyers to Finish Project Stuck Since 2014

NOIDA: The developer and homebuyers will come together to complete 985 flats in a housing society that has hardly seen any development in the past decade.

The move follows an order by UP-Rera to allow the developer of Antriksh Sanskriti and the association of allottees to jointly complete the first phase of the project under its watch. Off NH-9 in Chhajarsi village, Sanskriti was launched in 2010 and was to have 1,600 flats across three phases.

The project, however, has been stalled since 2014, with 985 flats yet to be constructed in the first phase itself. While the registration of phase 1 lapsed in April 2019, those of phases 2 and 3 were revoked by the Ghaziabad Development Authority (GDA) in June last year over mounting dues.

According to a plan submitted to Rera during the hearing, Rs 227 crore may be used to complete the three phases of Sanskriti. A total of Rs 328 crore is expected to be raised from the project — a contribution of Rs 20 crore from the promoter upfront, Rs 67 crore receivables from existing allottees and Rs 241 crore from the sale of flats.

Rera has asked the developer, Antriksh Realtech, and Antriksh Sanskriti Welfare Association (the association of allottees) to complete the project by June 2025.

The regulatory authority has laid down a few strict conditions so that the project is completed in time. For instance, the association will have to enter into an agreement with the promoter and submit a copy to Rera within 15 days of the order. The association will also have to submit details of its office-bearers, the consent of at least 50% of the allottees and the complete project plan.

In terms of funds, the developer will have to deposit Rs 20 crore upfront in a separate account. Of that, Rs 9.2 crore will have to be paid to GDA and the remaining amount could be used to start construction.

A committee under UP-Rera chairperson T Venkatesh will monitor the progress of the project.

“Once the promoter clears the dues, GDA will allow the project to be developed. After that, we will have to get the layout sanctioned once again. If all goes according to the plan, we hope to start construction by the middle of August,” said Jiten Kumar Dalai, the president of the association.

It was in 2017 that the buyers moved Rera regarding the delay in handing over flats. Last year, the association submitted a plan to complete the remaining flats. Rera then considered the proposal for the buyers and Antriksh Realtech to jointly construct the project.

Rakesh Yadav, the director of Antriksh Realtech, said the project was still viable and they would complete the work within the time frame. “Altogether, 1,600 flats are supposed to be built across three phases, with 985 in the first one,” he added.

RD Paliwal, conciliation consultant at Rera, said, “The project is moving in the right direction with collaborative approach of all stakeholders. The parties should abide by their commitments to complete the project in time.”Rera chief Venkatesh said Sanskriti was the 17th such project in the state where the developer and buyers had come together to complete it. “We are examining the possibility of facilitating the completion of more such projects.”


UP real estate regulator issued 8,800 recovery certificates worth about Rs 2,400 crore since 2018

The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has issued nearly 8,800 recovery certificates (RCs), collectively amounting to around Rs 2,400 crore since 2018.

Out of this, RCs worth about Rs 1,200 crore have been resolved through recovery and settlement, the Authority data showed.

A recovery Certificate is a request letter from the RERA Authority addressed to the concerned district collector requesting to recover the specified amount from the defaulting builder as arrears of land revenue under the Revenue Code and to pay the amount to the entitled complainant allottee.

According to data provided by the UPRERA, as many as 2,500 RCs worth over Rs 800 crore were issued by the Authority in the financial year 2022-23 alone. In the financial year 2022-23, Rs 394.26 crore has been collected by the Gautam Budh Nagar district administration against RCs issued across the state and Rs 353.37 crore has been transferred to the allottees.

These statistics were released at the 125th meeting of UPRERA, held in Lucknow recently under the chairmanship of Authority’s Chairman Rajive Kumar. The meeting also marked Kumar’s last day as UPRERA Chairman.

“Overall recovery certificates worth about Rs 1,200 crore have been resolved by the administration through recovery and mutual consent and this is the highest among all RERA institutions (across the country). A quick jump has been noticed in the recovery of RCs after Covid-19 and FY 2022-23 has contributed approximately 33 percent (of the recovered amount) since 2018,” the Authority noted.

Gautam Budh Nagar leads the data also showed that as many as 3,400 projects have been registered with the real estate regulator across the state with Gautam Budh Nagar leading the chart. Gautam Budh Nagar district has a maximum of 945 projects registered with the UPRERA followed by Lucknow with 702 projects and Ghaziabad with 418.

Set up in May 2017, the UPRERA is tasked with protecting the interests of homebuyers, bringing in transparency and ensuring speedy resolution of disputes between homebuyers and developers.

The Authority said it has successfully disposed of 88 percent of the total around 49,000 complaints across the state. UPRERA alone has disposed of almost 43,000 complaints across the state. Approximately 1.07 lakh complaints have been received by RERA authorities in India since 2017, it stated.

Gautam Budh Nagar topped the list of top 10 districts in complaints disposal across the state with the redressal of 25,803 complaints. It was followed by Lucknow with the disposal of 8,504 complaints and Ghaziabad with the settlement of 5,750 complaints.

The Authority also said that properties worth about Rs 485 crore have been made dispute-free by resolving more than 1,200 cases through the conciliation forum since 2018.


Up RERA Appoints Cushman & Wakefield As Consultant

The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has appointed Cushman & Wakefield to help resolve issues of dues owed by developers and revival of stalled projects in Noida and Greater Noida.

Builders in the state owe an estimated Rs 40,000 crore to the Noida and Greater Noida authorities and the Yamuna Expressway Industrial Development Authority in the form of premium, interest, and penal interest against plots allotted for real estate projects. Thousands of homebuyers in Noida and Greater Noida have been unable to register their homes because the builders have not paid their dues.

UPRERA chairman Rajive Kumar said that the consultant will carry out an in-depth analysis of the projects in Noida and Greater Noida and come up with possible solutions so that homebuyers can get their houses expeditiously. He said the consultant will submit its report this month, after which UPRERA, in consultation with the state government, would take a decision on the matter.

Non-payment of dues by builders is one of the driving forces behind disputed projects in Noida and Greater Noida. So, both the issues are interlinked and ultimately homebuyers are suffering. This is UPRERA’s initiative to end this logjam.

An UPRERA official said the consultant has sought representation from the Confederation of Real Estate Developers’ Association of India (CREDAI) and the National Real Estate Development Council (NAREDCO) over the issue of clearing pending dues. He said UPRERA officials are likely to meet representatives of developer bodies and officials of the Noida and Greater Noida authorities.


UP RERA addresses 88 Percent Complaints

Uttar Pradesh RERA has achieved 88 per cent success in solving the grievances of the people since its inception in 2017. From May 1, 2017 to December 2022, more than 47,000 complaints were registered and about 42,000 complaints have been disposed of. Thus, a total of 88.14 per cent grievances of consumers have been successfully redressed.

Besides, about 12,800 requests of order execution have been received in which compliance of final order was successfully executed 9,900 requests, which is about 77 per cent. This was disclosed in a press statement issued by the RERA here on Friday.

In 2021, about 8,600 complaints were registered and about 8,400 were disposed of. In 2020, about 8890 complaints were registered and about 8670 complaints were disposed of. In 2019, about 12600 complaints were registered and about 12800 were disposed off.

Similarly, in the year 2018, about 8,300 complaints were registered and disposal was done in about 2,500 cases. However, only about 110 complaints were disposed of against 1,650 registered in 2017.

The highest numbers of complaints have been registered against 46,400 promoters, while about 500 complaints have been registered against allottees and about 200 complaints against agents.

As many as 35,900 complaints have been registered in eight districts of NCR, almost 76 per cent of total complaints, and 31,800 have been successfully disposed of.

Gautam Buddha Nagar in NCR and Lucknow district in non-NCR are at the first and second positions respectively with 28,450 and 8,600 complaints, followed by Ghaziabad (6,470), Varanasi (850) and Meerut (800).


UP-Rera approves 36 new realty projects in September

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) received 36 applications to register new residential and commercial realty projects in the month of September. The authority said that it is the highest number of applications received in a month since the formation of UP RERA in April 2017. It received 125 applications to register new projects in the first half of 2022.

According to the rules, a developer is required to register any new project with the authority and obtain a registration number before beginning construction work. RERA registers a project only if the developer gets the project map sanctioned by local authorities.

A number of these new realty projects are coming up in cities outside the national capital region. Earlier, 70% of new projects were from Noida, Greater Noida, Ghaziabad and Meerut, and the remaining 30% were from non-NCR cities like Lucknow, Kanpur, and Agra, RERA informed. “In September, 70% of new applications were from non-NCR towns and 30% from NCR towns,” Rajive Kumar chairman, UP RERA, said.

Out of 36 applications received in September this year, 24 were from non-NCR towns such as Lucknow, Agra, and Muradabad and the remaining from NCR towns including Noida, Meerut and Ghaziabad. The total cost of these residential and commercial projects is ₹3,648.35 crore and RERA has sanctioned 6931 residential and 1185 commercial units.