Rera Filing

What about complaints on projects not under RERA? Asked Bombay HC The Bombay High Court on Monday asked the state to explain what regulatory mechanism it proposes to ensure that complaints from buyers in unregistered real estate projects are adjudicated. The high court directed the state to file its reply to a petition that has challenged lack of a policy to deal with conflicts that arise between buyers and builders in cases where developers have not registered their projects under the Real estate Regulation and Development Act of 2016.  FOR MORE VISIT:  www.rerafiling.com

The Maharashtra Real Estate Regulatory Authority (mahaRERA) has in the last two months issued recovery warrants against developers who failed to comply with its orders to refund home buyers under Section 40(1) of Real Estate (Regulation and Development) Act. MahaRERA adjudicating Officer BD Kapadnis stated that “Despite the notice, respondents have not appeared to explain why the order has not been complied with. So, it is necessary to issue recovery warrant under section 40(1) of RERA instead of proceeding under Section 63 of the Act. Hence, the recovery warrant is issued and it is being sent to the Collector,” . For More Visit: www.rerafiling.com

A team from centre will soon be sent to West Bengal to persuade the government to switch over to the Real Estate Regulatory Act (RERA) to protect home buyers' interest. Recently, the Mamta Banerjee Govt. brought her own Real Estate Act, HIRA (Housing Industry Regulation Act) superseding the central govt.’s RERA wherein it diluted RERA and brought in its own act. For More Visit: www.rerafiling.com

Ten housing projects outside the purview of the Chennai Metropolitan Area (CMA), which were exempted by the directorate of town and country planning (DTCP) from registration under the Real Estate Act last year, would face the repercussions for not delivering apartments to buyers in time. Following a complaint from a homebuyer, The Tamil Nadu  Real Estate regulatory  Authority (TNRERA) has issued a notice to one such developer on OMR for not completing the constructions leaving the consumers in a state of perplexity. For More Visit: www.rerafiling.com

The complaint of a promoter regarding the cancellation of agreement for not receiving the balance amount of the total cost of the flat from the developer was dismissed by The Maharashtra Real Estate Regulatory Authority (MahaRERA). The complainant sought cancellation of the agreement as the developer had failed to refund the amount paid in respect of the said flat and claimed a refund of Rs. 45 lakh from the developers along with the cancellation of the agreement. After hearing the arguments of both the parties, the bench inferred that the developers had paid over 90 per cent of the money to the complainant towards the cost of the said flat. The bench also stated that the agreement for sale drafted by the developer does not carry any schedule of payment as required by the model agreement prescribed under the Act and Rules. Hence, the complainant could not seek cancellation of the registered agreement by invoking the convenient clause in the agreement. The bench thereby dismissed th

Consumer body wants to nullify the New Real Estate Act in West Bengal Dated on: Monday  18th June 2018 A national consumer rights’ forum in housing that was part of the consultative process for the Real Estate (Regulation & Development) Act, 2016 (RERA), has decided to move the Central Advisory Council on RERA for repealing the WEST  BENGAL  Housing Industry Regulation Act, 2017 (HIRA). According to the forum, the introduction of HIRA throws away the very objective of ushering transparency into the housing sector that was brought by RERA. HIRA has obliterated the clarity of RERA and made the clause on force majeure vague. This defeats the very purpose of the act. One of the main reasons behind the enactment of RERA was to ensure that developers complete and hand over projects on time instead of making excuses for non-compliance to delivery schedules. FOR MORE VISIT:  www.rerafiling.com

  The Kerala government will soon notify fresh RERA rules across considering the primary objective provisioned under RERA to safeguard homebuyers from errant real estate developers, the state government is expected to announce fresh rules and regulations under the act very soon. According to KT Jaleel ,  local  self government  minister the new RERA rules would be based on the central RERA Act. Recently, the state government had appointed an interim chairman of the authority. However, no other members have been appointed yet, leaving the authority toothless. For More Visit: www.rerafiling.com

The Centre’s target to bring all new and ongoing real estate projects under Real Estate (Regulation and Development) Act (RERA) has received a setback as West Bengal government has notified its own law for the sector in the state which favours the developers. There are two major dilutions of RERA in the new laws. The first is on unforeseen circumstances that prevent a builder from fulfilling his contract. RERA says the circumstances could be war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature where HIRA makes an addition to the clause “...or any other circumstances as may be prescribed.” The second deviation is on garages. While RERA requires a roof and walls on three sides, HIRA has removed the clause altogether and defined garage as any parking space sanctioned by the government authority.  For More Visit: www.rerafiling.com

RERA( Real Estate Regulation Authority) chairman  Afzal Amanullah claimed that the building projects not registered under Real Estate (Regulation and Development) Act, 2016 till June 30 deadline will be blacklisted. He further stated that builders and promoters have been given the last opportunity to register their projects under the Act by June 30 with late fee of Rs. 3 lakh or 300% of the registration amount, whichever is higher. RERA member Rajiva Bhushan Sinha said the list of blacklisted firm would be circulated to all RERAs in India so that they would not be able to form a company in any part of the country. For More Visit: www.rerafiling.com

Builders in Bihar can register their projects by 30th June 2018 Dated on:  Wednesday 13th June 2018 The RERA Bihar has given builders another extension, asking them to register their projects by the end of this month.  "We have given this extension as the last opportunity for builders and developers to register their ongoing projects with a hope that compliance rate would increase," RERA Bihar member R.B. Singh said. He said registration application for 376 ongoing projects had been received at the authority end till May 31 and a sum of around Rs 1 crore had been collected a registration fee. "On the last day of the extended deadline, we got at least 50 applications," Sinha said."There is a provision of imposing fine up to 10 per cent of the total project cost on builders who do not register their ongoing project with the authority. We hope the builders will not let such a situation arise and will get themselves registered during this extended pe

40 cases resolved by Pune Maha-Rera Court in less than 3 months Dated on:  Tuesday 12th June 2018 According to officials, Pune Maha-Rera Court has resolved 40 cases of a total 240 cases handed over to the body in merely a span of 3 months. FD Jadhav, deputy secretary of Maha-Rera, Pune, said, “This is a big achievement on our part as we have been able to meet the consumers’ expectations. The basic reason for setting up a court in Pune was to ensure that authorities catered to the needs of the people in the division.” RERA (Real Estate Regulatory Act) 2016 is an exceptional set of laws related to real estate realm which has ensured transparency and efficiency at an unprecedented rate with regards to the sale of plots, apartments, buildings or real estate projects. FOR MORE VISIT:  www.rerafiling.com

Submit the hard copy of applications at RERA head office, Gandhinagar Dated on:  Monday 11th June 2018 GUJRERA released a circular regarding submission of Hardcopy of RERA application on 30th May 2018. which states that from 01 June 2018 promoters and agents are required to send the physical file directly to RERA head office, Gandhi Nagar within 7 days of application by courier. Before this order, promoters and agents were submitting the hard copies at different collection centers / TPO/. GUJRERA is headquartered at 4th floor, Sahyog Sankul, Sector 11, Gandhi Nagar, 382010. FOR MORE VISIT: www.rerafiling.com

Based on a complaint filed by a home buyer Tamil Nadu Real Estate Appellate Tribunal has directed Marg Properties to enroll his project with TNRERA as an ongoing project. The project was kept outside from purview of RERA as the project was declared as a structurally completed building by the directorate of town and country planning (DTCP). An official statement said the tribunal has directed Marg Properties to register the same as an ongoing project with TNRERA within 15 days from the date of receipt of the order. For More Visit: www.rerafiling.com

In a recent judgement by MP RERA, it was concluded that only brochures and model flats of RERA Registered project will be treated as a legal entity under RERA. Legal action against the builder in case of failing to provide amenities can only be taken if project is registered in RERA. A D Kapaley, member of the state regulatory authority said, "In RERA there is a condition that facilities mentioned in brochures and pamphlets should be fulfilled by builder otherwise he will be bound for legal action. But amenities promised in brochures before implementation of RERA cannot be considered as legal entity or else there should be an official agreement between builder and customer."   Madhya Pradesh implemented RERA on 01 May 2017. For More Visit: www.rerafiling.com

Kerala is yet to finalize Real Estate Regulation and Development Rules and set up an authority. Local self-government minister K.T. Jaleel said that the framing of the new rules on the basis of the central Act was in the final stages. Steps to form the authority and the appellate tribunal would be initiated immediately, he said. Dr. Jaleel said the delay was due to technical issues as the state had earlier passed a state Act in this regard (Kerala Real Estate (Regulation and Development) Act 2016) and also framed rules. But the central Act came into effect afterward and hence the state Act had to be repealed and fresh rules need to framed on the basis of the central Act. “The subject committee of the state assembly has already cleared the draft rules and it would be notified soon," the minister said. For More Visit: www.rerafiling.com

MAHARERA stated that registration of agents in the state are less in number. With over more than 1 lacs agents operating, only 14,000 have taken the RERA certificate. MahaRERA secretary Vasant Prabhu told TOI that the dismal number of registrations was a concern for the authority and they wanted the Confederation of Real Estate Brokers’ Association of India (Crebai) to ensure that all their members registered, either individually or through a company, with MahaRERA. Prabhu said, “We have directed Crebai to ensure that all their members associated with the ongoing projects register with MahaRERA. Citizens should go for deals with a MahaRERA registered broker only.”  For More Visit: www.rerafiling.com

Madhya Pradesh RERA has resolved 400 buyers complaints till now. These complaints were filed by buyers against builders. The list of complaints is available on Madhya Pradesh RERA website. Till now, 1800 ongoing projects have been registered in RERA and 360 real estate consultants have been enrolled. Madhya Pradesh implemented RERA on the very first day i.e. 01 May 2017. The Real Estate (Regulation and Development) Act, 2016 is an Act of the Parliament of India which seeks to protect home-buyers as well as help boost investments in the real estate industry. The bill was passed by the Rajya Sabha on 10 March 2016 and by the Lok Sabha on 15 March 2016. The Act mandates registration of every project having a size of above 500 square meters or more than 8 apartments . For More Visit: www.rerafiling.com

Real estate regulatory authority of Bihar has issued show cause notice to promoters of Agrani builders for mom registration of ongoing projects. Four companies of Agrani group are under radar of Bihar RERA. RERA Bihar chairman Afzal Amanullah said notices were issued to the builders and promoters under Section 7 (revocation of registration) of RERA Act, following complaints by the customers that the promoters have not even commenced the project despite taking the payment 4-5 years ago. The companies which were slapped with notices include Agrani Homes Private Limited, Agrani Homes Real Services Private Limited, Agrani Homes Real Marketing Private Limited and Agrani Homes Real Construction Private Limited.  For more visit: www.rerafiling.com

Despite being demands from builders,there is no change in Real estate law (RERA). June 30 has also been set as the deadline for establishing permanent regulators, start websites and the tribunals as prescribed in the law, sources said. While addressing the first central advisory council meeting of RERA, Union housing and urban affairs minister said there is no question of amending any provision, though government is open to any suggestions from all stakeholders. “The minister said: let the law in totality be implemented for one year and there is no need for any immediate change.  For More Visit: www.rerafiling.com

Tamil Nadu RERA has published a list of rejected projects on its website. 3 projects have been rejected by the RERA authority in Tamil Nadu. As per the list, three projects have been rejected by the authority. A total of 478 projects have been approved and 280 real estate agents have been granted RERA certificate. The office of the Authority is functioning in Door No.1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600008. For More Visit: www.rerafiling.com

RERA Bihar has issued notices to promoters who are advertising their ongoing projects without getting unrolled in RERA. A RERA Bihar official stated that the notices were served on the builders and promoters following complaints by customers. “There are few builders who duped the customers and are working on more than 20 projects at a time without registering them with RERA. RERA members will decide the quantum of fine to be imposed on them,” he said. RERA Bihar member Rajiva Bhushan Sinha said people may take note that the promoters and developers of these projects are not authorized to sell any space in the project under Section 3 of RERA Act, 2016 as all promoters ought to have got registered their projects on or before April 30. For More Visit: www.rerafiling.com

Maharashtra will become the first state to issue land ownership document (7/12 extract) online. The 7/12 extract is an information document prescribing details about a specific piece of land such as survey number, area, date and more particulars about the existing owner's name. This extract is a combination of two forms. The extract is issued by the Tehsildar or the concerned land authority. This document is now available online. Eight lakh documents have already generated, the remaining documents will be completed by August 2018 said Chandrakant Patil, revenue minister.  ... For More Visit: www.rerafiling.com

MAHARERA has completed its one year of implementation with around 16300 projects being registered with the authority. The Registered developers have expressed their concerns regarding the time taken for various approvals of different authorities. This is one of the main reason for the delay in handing over the property. In this regard, Gautam Chatterjee, the chairman of Maha-Rera, stated the agencies and authorities are working for this. “Creating a single window for clearance does not fall under our jurisdiction. However, we have sent our recommendations to the state government,” said Chatterjee. For More Visit: www.rerafiling.com

MAHARERA must now ensure that quality of newly constructed projects is on a par with what was promised by the promoter, suggested chief minister Devendra Fadnavis. While addressing a meet on first anniversary of MAHARERA fadnavis said the government is considering to bring redevelopment of slums and Mhada buildings under MahaRera rules. With the release of the development plan, there will be more activity in the real estate sector, he added. “There is going to a huge stock of affordable housing ready in the state.” For More Visit: www.rerafiling.com

MAHARERA will adopt stringent process to ensure that 88% of 16,300 projects registered are completed by 2022. MahaRERA secretary Vasant Prabhu shared this information with TOI on Monday, a day before the authority completes one-year of implementation. “After registering with MahaRERA, officials can monitor the completion of the projects online. The project is deemed completed after a developer submits Form 4 (completion form). So far, we have received 1,800 forms and the remaining should come through by 2022. In case of extension, MahaRERA allows an extension for only one year,” he said. MAHARERA is planning to focus on the issue of unauthorized construction in the second year. For More Visit: www.rerafiling.com

From 01 May 2018, GUJRERA is functioning from its new address - 4th Floor, Sahyog Sankul, GH-Road, Sector-11, Nr. Pathikashram, Opp. Civil Hospital, Gandhinagar-382007.  Till now the authority was functioning from the 1st Floor and 3rd Floor, Chief Town Planner Office Building, Sector-10 Gandhinagar-382010. GUJRERA has approved 2,486 real estate projects and 516 agents across the state. For More Visit: www.rerafiling.com

MAHARERA chairman stated the biggest challenge is to make builders RERA compliant. Dated on:  Monday 30th April 2018 Maharashtra was one of the state to implement RERA in India. As the Real Estate (Regulation and Development) Authority Act completes one year of implementation, the biggest challenge is to keep the builders compliant of the law, said Chairman Gautam Chatterjee. "Being the first state to implement the Rera Act, there is certainly a feeling of satisfaction as we complete a successful maiden year. But at the same time, there are many areas of concern which we will have to address such as ensuring that builders who have become compliant of the laws remain compliant," Chatterjee told in an interview over the weekend. FOR MORE VISIT: www.rerafiing.com

Highlights Under Real Estate Regulatory and Development Act 2016 every real estate agent is required to get enrolled in RERA before making any sale or marketing. A "real estate agent" means any person, who negotiates or represents other persons for transfer of a real estate property by way of sale to another person and receives remuneration or fees or any other charges. The RERA registration number will be valid for 5 years. will be renewed thereafter by submitting a renewal application 60 days prior to the expiry date. Under Real Estate Regulatory and Development Act 2016 every real estate agent is required to get enrolled in RERA before making any sale or marketing. Section 9 and section 10 defines the roles and responsibilities of real estate consultant or agent in RERA. Who is a real estate agent? Section 2 (zm) of RERA clearly defines real estate agents. As per the definition, a "real estate agent" means any person, who n

MAHARERA to launch GIS technology for real estate projects Dated on:  Thursday 26th April 2018 MAHARERA is planning to launch Geographical Information System (GIS) to know the exact location of registered projects in RERA. This facility will be available on MAHARERA Website in about 2 months. MahaRERA will be a year old on May 1. The GIS facility will mark the occasion, MahaRERA authorities said. “The new feature will enable mapping of registered projects. This, in turn, will allow prospective buyers to get an idea of projects in their area of interest, details, and amenities in the vicinity,” MahaRERA secretary Vasant Prabhu said. The GIS will add more to the project’s profile than a developer advertising about his RERA registration, he added. FOR MORE VISIT:  www.rerafiling.com