Insights into RERA

Insights - Real Estate (Regulation & Development) Act
by
Hyderabad – 21/Dec
CA Sri Harsha
Partner
M/s SBS and Company LLP
harsha@sbsandco.com
9581000327

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Objectives:
Preamble of the Act:
An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate
sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project,
in an efficient and transparent manner and to protect the interest of consumers in the real estate sector
and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the
Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory
Authority and the adjudicating officer and for matters connected therewith or incidental thereto.
Financial
Discipline
Transparency Accountability Compliance
Customer
Centric

Journey of the Bill
SBS Hyderabad

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2012:
 Ministry of Housing & Urban Affairs had sought an opinion from Ministry of Law & Justice on competence of
Parliament to enact the Real Estate (Regulation & Development) Bill. The Department of Legal Affairs had opined
that the Parliament had competence to enact the bill and subsequently vetted the draft bill.
2013:
 Real Estate (Regulation & Development) Bill – Approved by Union Cabinet on 4th June
 Real Estate (Regulation & Development) Bill – Introduced in Rajya Sabha on 14th August
 Real Estate (Regulation & Development) Bill – Referred to Standing Committee on 23rd Sept
 Standing committee has held various meetings with stake holders and others during the year
Journey of the Bill:

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2014:
 Report of Standing Committee was tabled in Rajya Sabha on 13th Feb
 Report of Standing Committee was tabled in Lok Sabha on 17th Feb
2015:
 Union Cabinet approved Official Amendments to Bill based on recommendations of committee on 7th April
 Real Estate (R&D) Bill & Official Amendments were referred to Select Committee of RS on 6th May
 Select Committee after holding various meetings with stake holders has tabled report before RS on 30th July
 Real Estate (R&D) Bill, 15 was approved by Union Cabinet on 9th December

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2016:
 RE (R&D) was passed by RS on 10th March
 RE (R&D) was passed by LS on 15th March
 Real Estate (Regulation and Development) Act, 16 was published in OG on 26th March
 Section 2, 20-39, 41-58, 71-78 and 81-92 were made effective from 1st May
2017:
 Section 3-19, 40, 59-70 and 79-80 were made effective from 1st May
 TG Rules have been notified with effective from 31st July

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 RERA neither regulates the Real Estate nor the Real Estate development, as such. In fact, both those
subjects fall within the exclusive domain of the States.
 RERA regulates only the sale and transfer of real estate development products, namely plots, buildings
and apartments.
 If anyone sells land without any development and develops land without sale, this Act has no
application.
 The project will come into the ambit of the Act, only when there is a development irrespective of the
quantum.
 The law is prospective in nature.
Nature & Scope of the Act:

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2(zk) Promoter means:
(i) a person who constructs or causes to be constructed an independent building or a building consisting of
apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling
all or some of the apartments to other persons and includes his assignees; or
(ii) A person who develops land into a project, whether or not the person also constructs structures on any
of the plots, for the purposes of selling to other persons all or some of the plots in the said project,
whether with or without structure thereon; or
(iii) any development authority or any other public body in respect of allottees of – (a) buildings or
apartments, as the case may be, constructed by such authority or body on lands owned by them or
placed at their disposal by the government ; or (b) plots owned by such authority or body or placed at
their disposal by government for the purposes of selling all or some of the apartments or plots; or
Important Definitions:

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(iv) An apex state level co-operative housing finance society and a primary co-operative housing society
which constructs apartments or buildings for its members or in respect of allottees of such apartments
or buildings; or
(v) Any other person who acts himself as a builder, coloniser, contractor, developer, estate developer or by
any other name or claims to be acting as the holder of a POA from owner of land on which the building
or apartment is constructed or plot is developed for sale or
(vi) such other person who constructs any building or apartment for sale to general public
Explanation: For the purposes of this clause, where the person who constructs or converts a building into
apartments or develops a plot for sale and the persons who sells apartments or plots are different persons,
both of them shall be deemed to be the promoters and shall be jointly liable as such for the functions and
responsibilities specified, under this Act or rules and regulations made thereunder

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Co- promoter:
 The phrase co-promoter has not been defined under the Act or TG Rules. An office order of MahaRERA
dated 11th May, 17 has defined the phrase ‘co-promoter’ as under:
Co-Promoter means and includes any person(s) or organisation(s) who, under any agreement or
arrangement with the promoter of real estate project is allotted or entitled to a share of total revenue
generated from sale of apartments or share of total area developed in the real estate project.
 The above circular has been replaced with Circular 12/17 dated 04th Dec, 17 by clarifying that the land
owners or investor were very well covered in the definition of ‘Promoter’ and there is no requirement
to further define ‘co-promoter’.

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 The circular also states that for the ease of filing online registration and for the benefit of consumers, it
is necessary to distinguish whether such promoter is investor or land owner or person actually
constructs, it is directed that such persons who are land owners or investors shall specify as such while
applying for registration.
 The liabilities of land owner promoter or investor promoter shall be as per the agreement or
arrangement with Promoters, however for withdrawal from designated bank account, they shall be at
par with the promoter of real estate project.
 Each of the land owner promoter or investor promoter is entitled to share of the total area developed,
should open separate bank account for deposit of 70% of sale proceeds realized from the allottees.

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(zn) Real Estate Project means:
 The development of a building or a building consisting of apartments, or converting an existing building
or part thereof into apartments, or the development of land into plots or apartment, as the case may
be, for the purpose of selling all or some of the said apartments or plots or building, as the case may be,
and includes the common areas, the development works, all improvements and structures thereon, an
all easement, rights and appurtenances belonging thereto
(d) allottee:
 In relation to a real estate project, means the person to whom a plot, apartment or building, as the case
may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by
promoter, and includes the person who subsequently acquires the said allotment through sale, transfer
or otherwise but does not include a person to whom such plot, apartment or building, as the case may
be, is given on rent.

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(zm) Real Estate Agent means:
 Any person, who negotiates or acts on behalf of one person in a transaction of transfer of his plot,
apartment or building, as the case may be, in a real estate project, by way of sale, with another person
or transfer of plot, apartment or building, as the case may be, of any other person to him and receives
remuneration or fees or any other charges for his services whether as commission or otherwise and
includes a person who introduces, through any medium, prospective buyers and sellers to each other
for negotiation for sale or purchase of plot, apartment or building, as the case may be, and includes
property dealers, brokers, middleman by whatever name called

Important Authorities under the Act

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Central Government:
The Central Government is empowered to bring the Act into force by notification. It appoints Central advisory
council to advice and recommend it on all matters concerning the implementation of the act. It is
appropriate government in the matters relating to any Union Territory without legislature and Union Territory
of Delhi.
Appropriate Government:
The Appropriate Government shall make Rules for carrying out the provisions of the Act within 6 months. It is
empowered to establish the Real Estate Regulatory Authority and Appellate tribunal.
The Act shall be made by the Central Government and Rules shall be made by appropriate governments
that is states.
Authorities:

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Authorities:
Real Estate Regulatory Authority – Section 20:
The appropriate government shall within 1 year from date of coming to force of this Act, by notification,
establish RERA to exercise the powers conferred on it and perform the functions assigned to it under the
act.
Provided also that until the establishment of a Regulatory Authority under this section, the appropriate
Government shall, by order, designate any Regulatory Authority or any officer preferably the Secretary
of the department dealing with Housing, as the Regulatory Authority for the purposes under this Act
This authority constituted under Section 20 has virtually all functions to be discharged under the act
namely granting of registration to the project, revoking thereof, publishing of website and others which
shall be dealt in next slides.

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Real Estate Appellate Tribunal – Section 43:
The appropriate Government shall, within a period of one year from the date of coming into force of this
Act, by notification, establish an Appellate Tribunal to be known as the (State) Real Estate Appellate
Tribunal. Till such tribunal is established, the government can designate any appellate tribunal under any
law to hear the appeals under the Act.
Authorities:

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 Register & regulate real estate projects/ real estate agents registered under this Act
 Publish & maintain a website of records, for public viewing, of all real estate projects for which
registration has been given.
 Creation of a single window system for ensuring time bound project approvals & clearances for timely
completion of the project.
 Measures to encourage grading of projects on various parameters of development including grading of
promoters.
 Render advice to appropriate Government in matters relating to development of real estate sector.
Functions of RERA:

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 The authority if considers expedient to do so, on a complaint or suo moto, by order can call up any
promoter or allottee or real estate agent at any time to furnish in writing such information or
explanation called for.
 Where during the inquiry, if RERA is satisfied that there is a contravention or an act to commit such
contravention is found, RERA can restrain any promoter, real estate agent or allottee from carrying on
such act until the conclusion of such inquiry of until further orders, without giving notice to such party.
 RERA for purposes of carrying its functions, issue directions from time to time, to promoters, allottees
or real estate agents, as the case may be and such directions are binding on concerned.
 RERA have powers to impose penalty, interest, in regard to any contraventions of obligations cast upon
promoter, allottee or real estate agents. RERA has also power to recover if the party fails to do so.
Powers of RERA:

Mandatory Registration of Project – New Projects

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Prior Registration of Real Estate Project with RERA:
 No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any
manner any plot, apartment or building as the case may be, in any real estate project or part of it
without obtaining registration from RERA.
Mandatory Registration – New Project:

Mandatory Registration of Project – Ongoing Projects

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Prior Registration of Real Estate Project with RERA:
 The projects that are ongoing as on date of commencement of act and for which CC has not been issued,
the promoter shall make an application within 3 months of date of commencement of the act – Proviso
to Section 3 of Act.
 The Telangana State Real Estate (Regulation and Development) Rules, 2017 has defined ‘ongoing
projects’ vide 2(j) as
means, a Project where development is going on and for which Occupancy Certificate or Completion Certificate
has not been issued but excludes such Projects for which building permissions were approved prior to 01.01.2017
by the Competent Authorities viz., UDAs / DTCP / Municipal Corporations / Municipalities / Nagar Panchayats /
TSIIC as the case may be
Mandatory Registration – Ongoing Projects:

Exemption from Registration of Project

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Projects not liable to be registered:
 where the area of land proposed to be developed does not exceed five hundred square meters or the
number of apartments proposed to be developed does not exceed eight inclusive of all phases
 where the promoter has received completion certificate for a real estate project prior to
commencement of this Act
 for the purpose of renovation or repair or re-development which does not involve marketing, advertising
selling or new allotment of any apartment, plot or building, as the case may be, under the real estate
project
Exemption from Registration of Project:

Modus Operandi for Registration of Project

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Process for obtaining Registration:
 The promoter has to apply for registration with RERA once he obtains all necessary approvals for the
development of project in the manner prescribed by the rules. The promoter has to pay the fee
prescribed and enclose the application with all the documents and details mentioned in Section 3 of Act
read with Rule 3 of Rules. RERA shall operationalise a web based online system for submitting
applications for registration of projects within a period of one year from the date of its establishment.
 RERA within 30 days from receipt of application, shall either grant or reject the application. On granting
the registration, the promoter shall be allotted a registration number, login ID and password to create
his webpage on the portal. If the application is rejected, the same has to be done by recording reasons
in writing and after giving an opportunity of being heard.
Modus Operandi for Registration of Project:

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 Explanation to Section 3:
For the purposes of Section 3, where the real estate project is to be developed in phases, every such
phase shall be considered a stand alone real estate project, and the promoter shall obtain registration
under this Act for each phase separately.
 That is to say, if a promoter comes up with a development of project, in ten phases (for example), the
promoter has an option to register each phase separately before RERA. However, promoter is prohibited
to advertise the amenities in Phase IV (say) when the apartment is pertaining to Phase I, unless he
registers all the phases.
 Real Estate agent is also mandated to obtain registration under RERA in accordance with Section 9 and
discharge his functions under Section 10 of Act.

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Rules for Registration of Projects in Telangana:
 An application in Form A has to be submitted in triplicate till the authority comes up with a web based
for filing of such application. The application has to be submitted along with fee & docs.
 Fees:
Nature of Project Land development < 1000 Sq Mts Land development > 1000 Sq Mts Maximum Fee
Group Housing Project Rs 5 per Square meter Rs 10 per Square meter Rs 5 lakhs
Mixed (Res & Comm) Rs 10 per Square meter Rs 15 per Square meter Rs 7 lakhs
Commercial Project Rs 20 per Square meter Rs 25 per Square meter Rs 10 lakhs
Plotted Developments Rs 5 per Square meter Rs 2 lakhs

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Documents required for submission along with Application:
1. Brief details of enterprise and particulars of registration & PAN
2. Names and Photographs of Promoters
3. Brief details of projects launched by him in past 5 years along with status of completion and any litigation
4. Authenticated Copy of Approvals and Commencement Certificate from Competent Authority (Total/Phase wise)
5. Sanctioned Plan, Layout Plan & Specifications of proposed project/phase of project
6. Plan of Development works to be executed and proposed facilities (fire fighting/drinking water/emergency evac)
7. Location of details of project with clear demarcation of land (longitude & latitude of end points of project)
8. Proforma of allotment letter, AOS and conveyance deed proposed to be signed with allottees
9. Number, Type & Carpet area of apartments for sale (+ exclusive balcony/verandah areas + open terrace areas)
10.Names & Addresses of Real Estate Agents
11.Names & Addresses of Contractors, Architect, Structural Engineer & any other persons concerned
12.Details of Bank Accounts where the amounts realised from allottees are proposed to be parked

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Documents required for submission along with Application:
13. Declaration, supported by an affidavit, which shall be singed by promoter/authorise person by stating:
 That he has legal title to land on which development is proposed, if land owned by another person
 That land is free from all encumbrances, if there are no encumbrances
 Details of encumbrances on such land including any rights, title, interest or name of any party in/over land
 The time period within which he undertakes to complete the project/phase
 That 70% of amounts realised in real estate project from allottees shall be deposited in separate bank account
 Amounts shall be withdrawn from account to cover cost of project in proportion to %age completion of project
 Amount shall be withdrawn from account after certified by engineer, architect and CA
 He shall gets his accounts audited within 6 months from end of FY by CA (compliance about withdrawals)
 He shall take pending approvals on time, from the competent authorities
The above declaration shall be furnished in Form B as per TG Rules.

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Details to be hosted on website:
1. Brief detail of promoter's enterprise with type of enterprise
2. Brief details of parent entity including its name and type of such enterprise
3. Work Experience of Promoter and that of the authorised persons of parent enterprise
4. Name, Address, Contact Details and Photograph of Promoter
5. Number of years of experience of promoter or parent entity in real estate development in state of TG
6. Number of years of experience of promoter or parent entity in real estate development in other states/UTs
7. Number of completed projects and area constructed till date in past 5 years, including the status as on date
8. Number of Ongoing projects and proposed area to be constructed in past 5 years, including the status as on date
9. Details of litigation in past 5 years in relation to REP developed or being developed by promoter
10.Weblink to the website of promoter, parent entity and project
11.Advertisement & Prospectus issued in regard to the project
12.Authenticated Copy of approvals and commencement certificate received from competent authority

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13.Sanctioned Plan, Layout Plan and specs of project/phase and whole project
14.Details of Registration granted by RERA
15.Number, Type & Carpet area of apartments for sale (+ exclusive balcony/verandah areas + open terrace areas)
16.Details of number and area of garage for sale in the project
17.Details of number of open parking areas and covered parking areas in REP
18.Names & Addresses of Real Estate Agents
19.Names & Addresses of Contractors, Architect, Structural Engineer & any other persons concerned
20.Location of details of project with clear demarcation of land (longitude & latitude of end points of project)
21.Plan of Development works to be executed and proposed facilities (fire fighting/drinking water/emergency evac)
22.Detailed note explaining the salient features of proposed project including access to project, design for electric
supply including street lighting, water supply arrangements and site for disposal and treatment of storm and sullage
water, and any other facilities and amenities or public health services proposed to be provided in the project

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23.Gantt or milestone charts and project schedule and time lines to achieve
24. Authenticated copy of PAN of promoter
25.Authenticated copy of license or land use permission, building sanction plan and commencement certificate
26. In case of phase wise development, authenticated copy of license or land use permission in respect of each phase
27.Authenticated copy of site plan/map showing location of project land along with names of revenue estates, survey
numbers, cadastral numbers, khasra numbers and area of each parcels of project land
28.Floor Plans for each tower and block including clubhouse, amenities and common areas
29.Any other permissions, approval or license that may be required under applicable laws (fire NOC and others)
30.Authenticated copy of OC and CC including its application
31.Details including proforma of application form, allotment letter, AOS and conveyance deed
32.Authenticated copy of legal title deed reflecting title of promoter to land on which development is proposed along
with legally valid docs for chain of title with authentication of such title

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33.Land title search report from an advocate having experience at least of 10 years
34.Details of encumbrances on the land on which development of project is proposed including details of any rights,
title, interest, dues, litigation and name of any party in or over such land or non- encumbrance certificate from an
advocate having experience of at least ten years or the revenue authority not below the rank of Tahsildar
35.where the promoter is not the owner of the land on which development is proposed, a copy of the collaboration
agreement, development agreement, joint development agreement or any other agreement, as the case may be,
entered into between the promoter and such owner and copies of title and other documents reflecting the title of
such owner on the land proposed to be developed
36.Details of mortgage or charge, if any, created on the land and the project
37.Contact address, contact numbers and email-id of the promoter, authorised person and other officials related to the
project.

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Details to be uploaded within 15 days from end of each quarter:
1. List of number and types of apartments or plots, offered for sale
2. List of number of garages/parking slots offered for sale
3. Status of Construction of each building with photographs
4. Status of Construction of each floor with photographs
5. Status of Construction of Internal Infrastructure and common areas with Photographs
6. List of Approvals received
7. List of Approvals applied and expected date of receipt
8. Approvals to be applied and date planned for application
9. Modifications, amendments or revisions, if any issued, by competent authority with regard to sanctioned plan

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Documents required for submission along with Application – Ongoing Projects – Rule 4:
1. Original Sanction plan, layout plan and specifications and the subsequent modifications carried out, if any, including
the existing sanctioned plan, layout plan and specification
2. Total amounts of money collected from the allottees and the total amount of money used for development of
project including the total amount of balance money lying with the promoter
3. Status of project (extent of development carried out till date and pending) including original time period disclosed
to allottee for completion of project at time of sale including the delay and the time period within which he
undertakes the pending project, which shall be commensurate with the extent of development already completed,
and this information is certified by an engineer, an architect and a chartered accountant in practice
4. The promoter shall disclose the size of apartment based on carpet areas even if earlier sold on any other basis such
as super area, super built up area, built up area etc., which shall not affect the validity of the agreement entered
into between the promoter and allottee to that extent

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 On submission of Form A and Form B (affidavit), then RERA within 30 days, shall either grant or reject
the application. If the application is accepted, then the registration number as specified in Form C shall
be issued.
 If the application is rejected, the same shall be in Form D and an opportunity shall be given to rectify the
mistakes within the time period specified by RERA.
 If RERA fails to either grant or reject application within 30 days, it shall be deemed that the application
has been accepted and RERA has to provide the registration number within 7 days after expiry of 30
days.
 The registration granted by RERA shall be valid till the time period mentioned by the promoter for
completion of project while making an application in Section 4.

Extension for Registration of Project

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 The registration granted can be extended without any time limit in case the delay is due to force
majeure. In all other circumstances, the registration can be extended by a maximum of one year from
the initial date for reasons recorded in writing.
 The extension for registration has to be applied in Form E along with fee before 3 months from the
expiry of original registration period. The same has to be done in triplicate until the process is made web
based.
 The fee shall be 50% of the amount of fee payable when the project is initially registered. The extension
shall be accompanied with an ES, setting out the reasons for delay.
 In case extension is granted the same shall be issued in Form F. If not, a notice in Form D shall be given
and an opportunity shall be given to rectify the mistakes.
Extension for Registration of Project:

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 The extension of time for completion of project for a period of maximum limit of one year under Section
6 of the act was challenged before the Bombay HC in batch of writ petitions. The court after due analysis
of the law has held as under:
108. Considering the extent of power conferred on the authority under Section 7, we need to put up a
harmonious construction on the provisions of Section 6 of RERA. The law confers powers under Section
7 on competent authority, in the larger public interest to regulate the real estate sector. The authority
shall be entitled to take into consideration reasons and circumstances due to which the project could
not be completed within the extended aggregate period of one year as prescribed under Section 6.
We, therefore, find that a balanced approach keeping in view the object and intent of the enactment and
the rights and liabilities of promoter and allottee in larger public interest is adopted. The authority would
exercise its discretion while dealing with the cases under Section 6, 7, 8 read with Section 37 of RERA. We
do not find that on the plea of the petitioners and for the reasons set out by petitioners, first proviso to
Section 6 needs to be declared as unreasonable, arbitrary, violating constitutional mandate of Articles
14, 19(1)(g) and 300-A of the Constitution of India ……

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Section 8 refers to obligation of authority consequent upon lapse of or on revocation of registration.
Under these two provisions, the authority concerned is entitled to impose, in the interest of allottees,
any such terms and conditions instead of revoking the registration. Even in case of lapse or revocation
of registration, under Section 8, the authority would consult the appropriate government and take
necessary steps to carry out remaining development work by adopting suitable measures as
determined by the authority concerned. There is rider in the first proviso prescribed under Section 8,
which states that no direction, decision or order of the authority under this section shall take effect until
the expiry of the period of appeal provided under the provisions of RERA. We are of the view that a
proper construction of the provisions would mean that even in case of lapsing of or on revocation of
registration, the authority shall not mechanically terminate the registration of the promoter or injunct
him to act as a promoter, but in the facts of a case would take necessary steps in the interest of
allottees permitting the promoter to carry on the remaining development work. We would observe
that in case the promoter fails to complete the project in prescribed time declared by him or the
extended time under Section 6, then it shall not mean that the only outcome would be to oust the
promoter from project.

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109. In case the promoter establishes and the authority is convinced that there were compelling
circumstances and reasons for the promoter in failing to complete the project during the stipulated time,
the authority shall have to examine as to whether there were exceptional circumstances due to which the
promoter failed to complete the project. Such an assessment has to be done by the authority on case to
case basis and exercise its discretion to advance the purpose and object of RERA by balancing rights of
both, the promoter and the allottee. In such exceptional cases, the authority would be entitled to allow
the same promoter to continue with the subject project for getting the remaining development work
complete as per the directions issued by the authority. It shall not be interpreted to mean that in every
case a promoter who fails to complete the project under the extended time under Section 6 would get
further extension as of right.

Revocation of Registration of Project

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 RERA on receipt of complaint or suo moto in this behalf or on recommendation of competent authority,
revoke the registration after being satisfied that:
1. The promoter makes default in doing anything required either under the act or rules
2. The promoter violates the terms and conditions of approval given by competent authority
3. The promoter is involved in any kind of unfair practice or irregularities.
 Unfair practice means:
1. Falsely represents that the services are of a particular grade or standard
2. Represents that the promoter has approval or affiliation which such promoter does not have
3. Makes a false or misleading representation concerning the services
4. Promoter permits publication of any advertisement/prospectus in any newspaper/otherwise of
services not intended to be offered
Revocation of Registration:

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 The authority on revocation of registration:
1. shall debar the promoter from accessing the website and specify his name in defaulters list and
display his photograph on website and informs RERA’s of other states
2. Shall facilitate the remaining development works to be carried out in accordance with Section 8
3. Shall direct the bank holding the project bank account to freeze the account and defreeze when
works are allotted to new promoter

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 70% of the funds collected by from allottees needs to be deposited into a separate bank account which is
mentioned at the time of obtaining registration for the project from RERA. For ongoing projects, the
promoter has to deposit 70% of the amounts realised from allottees, which have not been utilised for
construction.
 The amount to be withdrawn covers only construction and land cost and the amount cannot be used for any
purpose other than above.
 The amount from the separate account shall be allowed to be withdrawn in proportion to percentage
completion of the project. The amounts shall be withdrawn only after percentage of completion of project is
certified by engineer, an architect and a chartered accountant in practice.
 The promoter also has to gets his accounts audited within 6 months after the end of financial year by a CA in
practice and shall produce statement of accounts and it shall be verified during the course of audit that the
amount collected for a particular project have been used for such project and withdrawals are in compliance
with proportion to percentage completion of project.
Monitoring of REP:

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 There might arise a question as to withdrawal of the amount is linked to the percentage of completion
of project, in such a case, how can the project progress without withdrawal of the money from the
account. This can be understood from the formats of the certificates issued by MahaRERA, which state
as under:
a. percentage of completion of project till date
b. amount that can be withdrawn based on above
c. cumulative amounts already withdrawn till date
d. amount that can be withdrawn as on date which will be (b) – (c)
 The above is based on the understanding of the format of certificates issued by MahaRERA. We have to
wait and see how the TG and AP rules shall state. We are in the opinion that the same intention will be
reflected in TG and AP Rules also.
Monitoring of REP:

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 The account to be maintained is a separate account and not an escrow account, since the act no where
uses the phrase ‘escrow account’. Further, the Union Minister for Urban Development while piloting the
bill stated as under:
“…. One of the significant issues flagged by the developers relates to cost of funds increasing on account of
requirement to deposit 70 percent of the collections in a separate bank account. I must clarify that the account to
be maintained by the promoter is a separate account and not an escrow account. Also the deposit of 70 percent is
for both construction cost and land cost have also to be notified. The promoter can use remaining 30 percent for
other expenses incurred or for any other business purposes. After all, you need to give them a little cushion,
otherwise , it is not very easy to talk about an ideal situation.
Monitoring of REP:

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‘Land Cost’ shall include:
 The costs incurred by promoter for acquisition of ownership and title of the land parcels proposed for the real
estate project, including lease charges, interest costs, which shall also include OH cost, marketing and/or brokerage
costs, legal cost and supervision cost;
 Any security deposits, payments payable to land owners in connection with JDA;
 Amount paid for acquisition of TDR’s in accordance with applicable laws;
 Consideration payable to outgoing developer to relinquish ownership and title rights over land parcel forming part
of real estate project
 Amounts payable to State Government or Competent Authority or any other Statutory Authority of the State or
Central Government, towards Stamp Duty, Transfer charges, Registration fees, land/zone change conversion charges,
NALA charges, any taxes in relation to the land etc.
Monitoring of REP:

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‘Cost of Construction’ shall include:
 all such costs, incurred by the Promoter, towards the on-site and off-site expenditure for the development of the
Real Estate project such as mobilization advances to contractors, procurement advances to vendors, construction
equipment, site preparations and so on and onsite and offsite construction activities, payments/ instalments to local
authority, and all other items of expenditure for the construction, marketing and sale of the project
 Fees, Charges, Interest etc and taxes and penalties to any competent authority or statutory or local authority of the
central or state government under any laws or rules or regulations for the time being in force
 Principal Sums and Interest, paid or payable to any financial institutions including scheduled banks or non-banking
financial companies etc or any lender for the real estate project
Monitoring of REP:

Functions and Duties of Promoter

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 The promoter after granting registration has to login and create web page and disclose all the details for
public viewing, including:
 Details of registration granted by RERA
 Quarterly up to date the list of number and type of apartments or plots, as the case may be
 Quarterly up to date the list of approvals taken and approvals which are pending subsequent to commencement
 Quarterly up to date status of projects
 The advertisement/prospectus shall prominently disclose the website URL where above data is
disclosed and the registration number allotted to project
 The promoter at the time of booking and issue of allotment letter shall be responsible to make
available the allottee sanctioned plans, layout plans, along with specifications by display at the site or
other appropriate place and stage wise time schedule of completion of project.
Functions and Duties of Promoter:

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The promoter shall:
 Responsible for all obligations, responsibilities and functions under the act or rules till conveyance of
apartments to allottees or common areas to association of allottees [However, in case of structural
defect or any other defect in workmanship, quality or provision of services or any other obligations of
promoter as per AOS relating to such development is brought to notice of promoter within 5 years from
the date of handing over of possession, the promoter shall rectify such defect within 30 days and in
event of failure, the allottee is eligible for compensation as determined in the rules – Section 14(3)]
 Responsible to obtain CC or OC or both as applicable and make it available to allottees individually or to
association of allottees
 Responsible for providing and maintaining essential services on reasonable charges, till taking over the
maintenance of project by the association of allottees

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The promoter shall:
 Enable the formation of association or society or co—operative society as the case may be of allottees
or a federation of the same (in absence of local laws, the association of allottees shall be formed within
3 months of majority of allottees having booked their flats)
 Execute a registered conveyance deed of the apartment, plot or building in favour of the allottee along
with undivided proportionate title in the common areas to the association of allottees within 3 months
from the date of OC.
 after he executes an agreement for sale for any apartment, plot or building, as the case may be, not
mortgage or create a charge on such apartment, plot or building, as the case may be, and if any such
mortgage or charge is made or created then notwithstanding anything contained in any other law for
time being in force, it shall not affect the right and interest of allottee

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The promoter shall:
 Shall not accept a sum more than 10% of cost of the apartment, plot or building as an advance payment
or an application fee from a person without first entering into written AOS and register the said AOS
under any law for the time being in force – Section 13.
 The promoter cannot make any additions and alterations in the sanctioned plans, layout plans and specs
and the nature of fixtures, fittings and amenities in respect of the apartment without previous consent
of that person. The minor additions or alteration can be done after proper declaration and intimation to
the allottee.
 Any other additions or alterations in the project will require prior written consent of at least 2/3rd of
allottees – Section 14.
For the purposes of this clause, ‘minor additions or alterations’ excludes structural change including an addition to the area or
change in height, or the removal of part of a building, or any change to the structure, such as the construction or removal or
cutting into of any wall or a part of wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a
change to or closing of any required means of access ingress of egress or a change to the fixture or equipment.

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 Section 18: If the promoter fails to complete or is unable to give possession of an apartment, plot or
building in accordance with the terms of AOS or due to discontinuance of his business as a developer on
account of suspension or revocation of the registration under the Act, he shall be liable on demand to
the allottees, in case the allottee wishes to withdraw from the project, without prejudice to any other
remedy available, to return the amount received by him in respect of that apartment, plot, building, as
the case may be, with interest at such rate as may be prescribed in this behalf including compensation in
the manner as provided under this Act. Provided that where an allottee does not intend to withdraw
from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing
over of the possession, at such rate as may be prescribed
 In the recent judgment passed by MahaRERA in case of Pravin Utam Hiwale vs Darode Jog Homes
Private Limited dated 11th Oct, 17:
 Respondents were made to refund the amounts paid by the complainants, as the former has failed to give the
possession as promised in AOS.

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 Since, the complainants want to exit from project, MahaRERA passed order directing the respondents to pay
such amounts along with interest from the date of payment to the respondent till the same were paid.
 The promoter shall compensate the allottees in case of any loss caused to him due to defective title of
the land, on which the project is being developed or has been developed, in the manner as provided
under this Act, and the claim for compensation under this act and the claim for compensation under this
subsection shall not be barred by limitation provided under any law for the time being in force.

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 The promoter shall obtain all such insurances as may be notified by the Appropriate Government,
including but not limited to insurance in respect of title of land and building as a part of REP and
construction of REP.
 The promoter shall be liable to pay premium and charges on such insurance and shall pay the same
before transferring the insurance to association of allottees . The insurance shall stand transferred to
benefit of allottee or association of allottees, as the case may be, at time when promoter is entering an
AOS with allottee.

Obligations of Promoter - Transfer of REP to Third Party

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 The promoter cannot transfer or assign his majority rights and liabilities in a real estate project to a third
party without obtaining prior written consent of 2/3rd of allottees (except promoter) and without prior
written approval of RERA.
 Such transfer or assignment shall not affect the allotment or sale of apartments, plots or buildings as the
case may be, in the real estate project made by erstwhile promoter.
 Post such transfer or assignment, the intending promoter shall be required to be independently comply
with all pending obligations as per AOS entered by erstwhile promoter.
 The transfer or assignment cannot result in extension of time to intending promoter to complete the
project and the intending promoter shall be liable for consequences for breach or delay.
Obligation of Promoter in case of Transfer of REP:

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 To receive payments, share of allottee at proper time and place, the share of registration charges,
ground rent and other charges, if any within the time as specified in the AOS under Section 13 of Act
read with Section 19(6) of Act.
 For interest at such rate as may be prescribed for any delay in payment of any charges or any amount
payable under Section 19(6) of Act.
 The promoter can approach the adjudicating authority for compensation if the allottee fails to pay the
amounts under Section 19 of the Act.
 To demand participation of the allottee in the formation of association and in the registration of
conveyance deed as per Section 19(9) read with Section 11.
Rights of Promoter:

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 To demand taking physical possession within 2 months from the date of occupancy/completion
certificate as per Section 19(10).
 To cancel the allotment in terms of AOS as per Section 11(5). Please note that the allottee can approach
the authority if the cancellation is not in terms of AOS.
 To file an appeal to Appellate Tribunal or High Court against order of RERA as per Section 58 of the Act.
Rights of Promoter:

Offences & Penalties - Promoter

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Offence Penalty (Maximum) Imprisonment Section
If the project is not registered under
Section 3
10% of the estimated cost of real
estate project
- 59(1)
If promoter does not comply with
orders/decisions/directions issued and
continues to violate Section 3
further 10% of the estimated cost of
real estate project
May extend to a period
of 3 years or both
59(2)
If promoter provides false info or
contravenes provision of Section 4
5% of the estimated cost of real estate
project
- 60
General Penalty – For other than
contraventions pertaining to Sec 3 & 4
5% of the estimated cost of real estate
project
- 61
If promoter fails to comply with the
orders of RERA
Every day of default which may extend
to 5% of the estimated cost of real
estate project
- 63
Offences & Penalties:

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If promoter fails to comply with orders or
contravenes orders/decisions/directions
of Appellate Tribunal
estate project
Extend up to 3 years or
both
64
Offences by Companies Every person, who at the time, the offence was committed was
in charge of, or was responsible to the company for conduct of,
business of company, as well as company, shall be deemed to be
guilty of offence and shall be liable to be proceeded against and
punished accordingly. Proviso is in place to safeguard the
innocent officers or officers who have exercised due-diligence to
prevent the commission of such offence.
69
Offences & Penalties:
Section 70 - Any person is punished with imprisonment under this Act, the punishment may either before or after the
institution of the prosecution, be compounded by court on such terms and conditions and on payment of such sums as
may be prescribed. Provided that the maximum amount payable cannot exceed the maximum penalty under this act.

Rights and Duties of Allottees

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 The allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans along
with the specifications, approved by the competent authority and such other information as provided in
this Act or the rules and regulations made thereunder or the agreement for sale signed with the
promoter.
 The allottee shall be entitled to know stage-wise time schedule of completion of the project, including
the provisions for water, sanitation, electricity and other amenities and services as agreed to between
the promoter and the allottee in accordance with the terms and conditions of the agreement for sale
 The allottee shall be entitled to claim the possession of apartment, plot or buildings, as the case may
be, and the association of allottees shall be entitled to claim the possession of the common areas, as per
the declaration given by the promoter
Rights and Duties of Allottees:

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 Every allottee, who has entered into an agreement for sale to take an apartment, plot or building, shall
be responsible to make necessary payments in the manner and within the time as specified in the said
agreement for sale and shall pay at the proper time and place, the share of the registration charges,
municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if
any
 The allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment
towards any amount or charges to be paid as mentioned above. The obligation and liability can be
reduced after mutual discussion.
 Every allottee of the apartment, plot or building as the case may be, shall participate towards the
formation of an association or society or cooperative society of the allottees, or a federation of the same

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 Every allottee shall take physical possession of the apartment, plot or building as the case may be,
within a period of two months of the occupancy certificate issued for the said apartment, plot or
building, as the case may be.

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Mandatory Registration of Real Estate Agent:
 No Real Estate agent shall facilitate the sale or purchase of or act on behalf of any person to facilitate
the sale or purchase of any plot, building or apartment, as the case may be, in a REP or part of it, being
the part of REP registered under Section 3, being sold by promoter, without obtaining registration.
Application for Registration:
 The real estate agent has to apply for registration before RERA in Form G, in triplicate along with
prescribed documents and such form should accompany with a fee of Rs 10,000/- (in case of individual)
and Rs 50,000/- (in case of other than individual).
 On receipt of such application, within 30 days, the application has to be either accepted or rejected by
RERA. Before rejecting the application, RERA has to give opportunity to the agent to modify the
information furnished for processing the application. It is deemed that the agent is registered if RERA
does not respond within 30 days.
Registration - Real Estate Agent:

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 Upon the registration of real estate agent, the certificate of registration shall be issued in Form H and
shall be valid for a period of 5 years and every real estate agent has to quote such number for every sale
facilitated by him under the Act.
 The Authority, by recording reasons in writing can reject the application, if such application does not
conform to the provisions of the act and the same shall be done in Form I.
Renewal of Registration:
 The application for renewal shall be made before expiry of three months in Form J along with a fee of Rs
5,000/- (in case of an individual) and Rs 25,000/- (in case of other than individual).
 Where any breach of any of the conditions thereof or any other terms and conditions specified under
Act or where RERA is satisfied registration is obtained by misrepresentation, the registration shall be
revoked by issuing Form I.
Registration - Real Estate Agent:

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The real estate agent who has obtained registration with RERA shall -
 Not facilitate the sale or purchase of any plot/apartment/building in REP which is not registered with
RERA
 Maintain and preserve such books of accounts, records and documents in accordance with the
provisions of Income Tax Act, 1961.
 Not involve himself in any unfair trade practice namely, practice of making any statement, whether
orally or in writing –
 falsely represents that the services are of particular standard or grade
 represents that the promoter or himself has approval or affiliation which such promoter or himself does not have
 makes a false or misleading representation concerning the services
 Facilitate the possession of all info and docs as the allottee is entitled to, at the time of booking.
Functions - Real Estate Agent:

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If the agent fails to comply with provisions
of Section 9 or Section 10
10,000/- for every day of default
subject to a maximum of 5% of cost of
plot, building or apartment
- 62
If promoter fails to comply with the
orders of RERA
to 5% of the estimated cost of plot,
building or apartment
- 65
If agent fails to comply with orders or
contravenes orders/decisions/directions
of Appellate Tribunal
estate project
Extend up to 1 years or
both
66
Penalty – Real Estate Agent:
Section 70 - Any person is punished with imprisonment under this Act, the punishment may either before or after the
institution of the prosecution, be compounded by court on such terms and conditions and on payment of such sums as
may be prescribed. Provided that the maximum amount payable cannot exceed the maximum penalty under this act.

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 Any loss or damage sustained by reason of incorrect or false statement contained in any notice of
advertisement or prospectus or model of plot, apartment or building on the basis of which buyer pays
any advance/deposit to builder – Section 12
 Any structural defect or any other defect in workmanship, quality or provision of services or any other
obligations of the promoter as per AOS – Section 14
 Failure of Builder to complete or give possession of plot, apartment or building in accordance with AOS
or duly completed by the date specified therein – Section 18 & 19
 Loss caused to buyer due to defective title of land – Section 18
The promoter can also make claim for interest if there is delay in payment from the allottee.
Liability on Promoters – Compensation Payable:

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 In terms of Rule 15 of TG Rules, the interest payable either by promoter or allottee, shall be highest
marginal cost of lending rate of SBI + 2%.
 Provided that in case of SBI marginal cost of lending rate is not in use, it would be replaced by any such
benchmark lending rates which SBI may fix from time to time for lending to general public.
Rate of Interest – Payable by Promoter or Allottee:

Complaints to Adjudicating Officer or RERA

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 Any aggrieved person may file a compliant in Form M in triplicate to RERA for any violation or
contravention of provisions of the act or rules and regulations (except 12, 14, 18 and 19) made against
promoter, allottee or real estate agent – Rule 34
 If the violation is in that which falls under Section 12, 14, 18 and 19, then the compliant in Form N in
triplicate has to be filed before Adjudicating Officer (AO) – Rule 35:
 Section 12 – Obligations of Promoter regarding veracity of advertisement or prospectus
 Section 14 – Adherence to Sanctioned Plans and Project Specifications by Promoter
 Section 18 - Return of Amount and Compensation
 Section 19 – Rights and Duties of Allottees
Complaints to Adjudicating Officer or RERA:

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Procedure:
1. On receipt of complaint, AO or RERA shall issue a notice along with particulars of alleged contravention and
relevant documents to respondent.
2. The respondent has to file reply within the time specified in the notice with detailed explanations with respect to
the alleged contraventions.
3. The respondent shall be given an opportunity of being heard and the details of date and time, shall also be
shared with complaint.
4. On the date of hearing, AO or RERA shall explain the alleged contravention to the respondent and if the
respondent pleads guilty – AO or RERA shall pass order imposing penalty or interest or compensation as the case
may be.
5. However, if respondent does not plead guilty and contests the compliant, the AO or RERA shall demand an
explanation from respondent and based on submissions made by him, if AO or RERA thinks the compliant does
not require any further inquiry it may dismiss the compliant
6. However, if AO or RERA is satisfied based on submissions made that there is need for further hearing into
complaint it may order production of documents or other evidence on a date and time fixed

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Procedure:
7. AO or RERA shall have power to carry out an inquiry into the complaint on basis of documents and submission
and also have power to summon and enforce the attendance of any person who is acquainted with facts and
circumstances.
8. On the date so fixed, AO or RERA upon consideration of evidence, if it is satisfied that respondent has
contravened the provisions of the act, it shall pass such orders imposing penalty or interest or compensation as
the case may be. If it is satisfied that the respondent has not erred, then it may dispose the complaint by
recording the reasons in writing.

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 An appeal can be preferred by the appropriate government, competent authority or any aggrieved
person before Appellate Tribunal within 60 days from the date of receipt of such order or decision. The
appellate tribunal has power to condone the delay if there was a sufficient cause for not filing the
appeal within 60 days.
 An appeal against the order of appellate tribunal shall be before High Court and the same has to be filed
within 60 days from the date of receipt of tribunal’s order. The High Court has power to condone, if
there is delay in filing the appeal.
Appellate Procedure:

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