RERA Manual

On May 1, 2017, the Real Estate (Regulation and Development) Act, 2016 (RERA) went into effect all over the country. The goal of the Act is to make real estate transactions clear and to make the unregulated sector a more reliable way to invest. It also wants to make people more responsible, cut down on fraud, and keep the huge costs of transactions under control.

The Central government made the RERA rules for the six Union Territories (UTs), and the States just copied them with a few changes.

Contents

1. Features of RERA
2. Non-compliance Penalties
3. Grievance Redressal
4. How to file a RERA complaint?
5. Using the RERA to file a complaint
6. When can a complaint be made?
7. RERA Complaint Procedures
8. Using the RERA website to gather project information
9. RERA Delhi
10. RERA UP
11. RERA Delhi
12. RERA Punjab

RERA aims to protect the interests of homebuyers and make the real estate market more open. All States, except for a few, have replicated the rules under Central RERA, with some small differences here and there. Before buying a home, it’s important for a buyer to know what the Act says about the most important things.

The central government says that some of the most important parts of Real Estate Regulatory Authority are:

• All commercial and residential real estate projects that are bigger than 500 sq m, or eight apartments, must be registered before the official launch.
• All ongoing projects without an Occupation Certificate as of the date the Act goes into effect must be registered. By law, developers were supposed to have three months to register projects that were already in progress. However, many states have reported delays.
• All agents, promoters, and developers must be enrolled with the state regulators.
• After registration, all of the important information about the agent, promoter, or developer will be posted on RERA’s official website. This includes the agent’s profile, track record, and details about any lawsuits.
• Original, approved plans of ongoing projects must be sent to the regulatory authority. These plans must include information about changes made later, as well as construction, completion, and delivery dates that have been signed off by a licensed engineer, architect, or chartered accountant.
• Maintaining an escrow account for every project, where the developer or promoter would have to put at least 70% of the money and could only use it for the construction or land costs of that project.
• Instead of charging buyers based on the super-built-up area, only the carpet area will be taken into account.
• Taking a booking deposit of no more than 10% of the total cost of the project before signing a written agreement to sell.
• Before making any changes or additions to the approved plan for the apartment, building, or common areas, you must get written permission from at least two-thirds of the project’s owners.

Real Estate Regulatory Authority has strict penalties for people who don’t pay their bills or don’t follow the rules. Not following the rules is a serious crime that could lead to prison time and a heavy fine. Different states have different penalties.

Some of the most important penalties in the Act are:

• If you don’t sign up for RERA, you could get fined 10% of the total cost of the project or go to prison for up to 3 years, or both.
• Revocation of a project’s, builder’s, promoter’s, or agent’s registration if they don’t follow any of the rules in the Act or break any of the rules and conditions set by the competent authority.
• If you give the authorities false information or break any of the rules in the Act, you will have to pay a fine of 5% of the cost of the project. If you don’t follow the Appellate Tribunal’s orders, you could get a fine of up to 10 percent or a year in jail, or both.
• Structural problems that are found within five years of the date of possession and are caused by poor workmanship, quality, or service must be fixed by the builder or promoter within 30 days of a complaint being filed.

In the case of projects being late:

• If a homebuyer wants to get their money back, the promoter has to give them all the money they’ve paid so far plus any interest.
• If the homebuyer wants to stay invested, the promoter must pay compensation in the form of interest for every month of delay.
• If you don’t pay on time, you must pay the promoter a similar amount of interest each month as compensation. The Promoter has the right to end the property’s allotment and keep the booking fee and interest from the total refund if the rules are broken more than once.

In accordance with RERA, each state is required to establish an Appellate Tribunal, which is tasked with investigating disputes that have arisen between various parties and coming up with equitable and prompt resolutions.

Within sixty days of the complaint or grievance being filed, Appellate Tribunals that fall under the authority of state regulators will be required to settle any real estate disputes or complaints. Under these situations, you have the option of approaching the RERA tribunal –

• If a project isn’t registered with the state’s regulatory authority
• If RERA’s website has false information about a builder, promoter, agent, or project
• If a builder, promoter, or agent breaks any of the Act’s rules
• If a builder charges based on “super built-up area” instead of “carpet area”
• If a builder changes the building plan without the written consent of two-thirds of the project’s all

In the majority of instances, if you want to make a complaint to report any malpractice committed by a builder, promoter, or agent, you will be required to go through the application procedures of your particular state, which can be found on the website. The Appellate Tribunal will specify the format for the submission of the applications, which can be done either online or offline. The complainant is responsible for providing the following: information regarding the applicant and the respondent; information regarding the project, including but not limited to:

• A summary or statement of complaint, facts, and other grounds for claim
• Details of any reliefs and interim reliefs sought in the past Registration number and address
• A summary or statement of complaint, facts, and other grounds for claim

Benefits of requesting grievance redressal under Real Estate Regulatory Authority

• The prompt and effective resolution of complaints
• The assurance that the promoter or agent will abide by the ruling
• Transparency
• Reasonable recompense for the party that has been aggrieved.

Some of the problems a builder might have with a homebuyer are delays in completing the project, changes in the plans that were not expected, extra costs that were not planned for, and not having all of the promised amenities. With the Real Estate (Development and Regulation) Act in place, these unhappy homebuyers now have the power to take builders to task when they do something wrong. The Real Estate Regulatory Authority of each state has a place on their website where people can file complaints. People can file these kinds of complaints against the builder, developer, promoter, agent, or allottees.

The homebuyer can go to the Real Estate Regulatory Authority if the builder breaks any of the rules or laws that are part of RERA. The complaint must be made on a form that is given by the RERA for that state.

The official RERA websites of the different State governments have made it easier to find a solution to a problem. Under RERA, you can file a complaint by filling out a form and paying the registration fees.

Step 1: Go to the website for RERA in your state. Find the link “Online Complaints” or “Register a Complaint.” For example, on the Haryana RERA website, you must click on “Complaint Registration” in the menu bar and then either “Registration of Complaint with Authority” or “Registration of Complaint with Adjudicating Officer.”

Step 2: If you click on either of the links for registering a complaint, you will be taken to a form where you will need to fill in the details of your complaint.

Step 3: You will also have to give your personal information, such as your phone number and address, as well as information about the project. Before you can file a complaint on some websites, like the Delhi RERA website, you have to create a buyer account. On some websites, you have to attach the necessary files.

Step 4: Once you’ve filled out all the information, you’ll be sent to the payment gateway to pay Rs 1,000 for a normal complaint or Rs 5,000 to file a complaint with an adjudicating officer. You can also pay the fees at the sub-office. registrars.

Delhi

Register as a new user click here and fill out Form ‘M’ to file a complaint

Rs 1,000 with RERA

Check Delhi RERA complaints status for cases before the authority here and those disposed off click here

Uttar Pradesh

Register as a new user click here and fill in Form ‘M’ to file a complaint

Rs 1,000 with RERA

Check the UP-RERA complaints status Click here 

Haryana

Register complaints about a Gurgaon-based project click here

Rs 1,000 with RERA and Rs 10 extra for every extra annexure

To check the Haryana RERA complaints status click here

Punjab

Download Form ‘M’ to register a complaint with RERA and Form ‘N’ to register a complaint with the Adjudicating Officer click here

Rs 1,000 with RERA Rs 5,000 with Adjudicating Officer

To check the Punjab RERA complaints status click here 

All developers, promoters, and agents who are registered under the Real Estate (Regulation and Development) Act, 2016 are required to submit the original, approved plans of their ongoing projects to the relevant State regulatory authority, along with information about any changes that were made after the plans were initially approved. Also, an Authorized Engineer, Architect, or Practicing Chartered Accountant must attest to the accuracy of the developer’s published schedules for construction, completion, and delivery of the project, as well as the income collected from allottees.

The Real Estate Regulatory Act mandates that prospective buyers have unlimited access to information regarding the developer, the project, the plots and flats, the registered agents, consultants, and promoters, the status of approvals, and the layout plans.

To learn more about a specific project that has been registered under RERA, please visit the website for that state’s RERA registry and follow the instructions below:

Disclaimer: The opinions shown above are mainly for informational reasons and are based on market research. Deal Acres is not responsible for any actions made as a result of relying on the provided material and makes no representations as to its accuracy, completeness, or reliability.