We bring to you our periodical update on RERA. This edition contains the following –
1. Circulars and Notifications issued by Karnataka RERA
2. Circulars, Notifications, Orders issued by Maha RERA
3. Circulars & Notifications with respect to quarterly updates, late fees for delay registration etc., as issued by AP RERA
4. Circulars, Notifications, Orders, FAQ’s issued by Kerala RERA
5. Circulars & Notifications issued by Uttar Pradesh RERA
6. Interesting and Important Orders under RERA
Karnataka RERA
| Sl No | Document Name | Date | Important Aspects Covered | |||||||||||||||||||||
| 1 | Guidelines For Project Registration Process | 10-12-2019 | Circular Ref No RERA/ADM/CR-102/2019-20 – Guidelines have been given to overcome issues and ensure speedy registration of real estate projects
Step – 1 1) File / upload all appropriate documents, legible clear way. 2) Form B Affidavit as per the prescribed format without any modification 3) Promoter to furnish the local address (with in the state of Karnataka) 4) Promoter to furnish local bank account (with in the state of Karnataka) for Sec 4(2)(l)(D) compliance 5) Ensure veracity and completeness of all data, information and documents provided Step – 2 1) Online acknowledgment through registered mail id will be sent Step – 3 1) Scrutiny of application by the officer and any deficit in the application shall be communicated through E-mail Step – 4 1) Applicant shall remove deficit (as per mail) within 5 days (1st communication) through temp login. 2) Authority will send a 2nd communication if applicant doesn’t respond to 1stcommunication, applicant to remove such defects within 3 days through temp login 3) Final notice to applicant calling upon to furnish the documents within 7 days and to hear. 4) If applicant fails to do so, application will be rejected and fees paid shall be forfeited Step – 5 1) Registration certificate in Form C or rejection information in Form D will be communicated through registered mail ID Step – 6 1) Authority may grant opportunity to rectify the defect in the application within 30 days as may be specified by it. |
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| 2 | The Fees / Charges for various services Rendered by the Authority | 13-12-2019 | Circular Ref No RERA/ADM/CR-119/2019-20 – the fees / charges for various services rendered by the Authority –
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| 3 | GOK Notification on K-REAT – functioning from
03-01-2020 |
30-12-2019 | GOK Notification No DOH 44 RERA 2019 dated 30-12-2019 signed by Sri C Shivanna – Under Secretary to Government – 1, Hosing Department
1) The Tribunal is to be known as Karnataka Real Estate Appellate Tribunal 2) Shall have its headquarters at Bangalore 3) Deemed to have come into existence from w.e.f., 13-03-2019 4) Tribunal shall function from 03-01-2020 5) Address – 6) All matters Pending before KAT shall stand transferred to KREAT with immediate effect and shall be heard from the stage such appeal is transferred |
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| 4 | Karnataka Real Estate Appellate Tribunal | Under K-REAT Tab | About K-REAT, Composition, Functioning, Filing Procedure, Fees payable and Contact details are available in the weblink
https://rera.karnataka.gov.in/aboutKREAT |
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| 5 | List Of All Complaints Realisation – Project- Wise realization is displayed in the website | Under Complaint Tab |
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| 6 | Letter to Regional Commissioner, Bengaluru Division regarding Recovery of Arrears of Land Revenue | 09-12-2019 | Letter Ref No – RERA/CR-20/ Revenue /2019-20/343 to recover fine and compensation as per Sec 40(1) of the Act –
Total number of cases sent to DC and RRC is 283 of Rs.117,33,34,221 from 47 developers / project are due and to recover the same as arrears of land revenue as per Sec 40(1) of the Act |
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| 7 | Guidelines for extension of Project Registration | 17-12-2019 | Circular Ref No RERA/ADM/CR-116/2019-20 – Guidelines for extension of Project Registration
1) Application in Form E 2) Checklist of information required are provided as part of the circular 3) Such application shall be in compliance with Rule 7(1) 4) Mandated to furnish the post registration, quarterly update details (upto date) 5) CA, Engineer, Architect certificates stating the status of projects, funds required, funds utlised etc as per the templates 6) Affidavit – taking the responsibility of paying the compensation 7) List units sold / unsold / 8) Prescribed fees |
MAHARASHTRA RERA
| Sl No | Document Name | Date | Important Aspects Covered |
| 1 | Constitution and Operations of Real Estate Regulatory Fund | 19-12-2019 | Covered the aspect of credit of fund, application of fund, objects thereon –
amounts to be credited into the fund – 1) Grants from Government 2) Fee received under the Act 3) Penalties levied by Authority and Appellate 4) Interest accrued on 1 to 3 above amounts to be applied out of fund – 1) Salary, Administrative expenses of Authority, members, officers, Adjudicating officers, Appellate Tribunal 2) Any other expenses for the purpose under this Act |
| 2 | Change of Promoter – Sec 15 of the Act – | Dec 2019 | 3 Projects approved with two-third consent of allottees during December 2019 (total No of projects approved as per Sec 15 – 37 Projects) |
AP RERA
| Sl No | Document Name | Date | Important Aspects Covered |
| 1 | Quarter Update – Dec 2019 | Last date for submission of the quarterly update for the present quarter (Dec 2019) is extended till 22nd January 2020 without penalty | |
| 2 | Circular No P/1082/2019-2 | 17-12-2019 | Penalty for Delay in filing Sep 2019 Quarter Update
1) Penalty of 150% of registration fee paid at the time of registration of the project |
| 3 | Circular No P/2/2017-3 | 01-01-2020 | Promoters to register the project before 15-01-2020 in accordance with the guidelines issued in circular dt: 11-09-2019
This extension is final. |
| 4 | Statistics of Registration of Projects, Agents and Complaints |
KERALA RERA
| Sl No | Document Name | Date | Important Aspects Covered |
| 1 | Chairman RERA | 05/10/2019 | As per GO(P) No. 65/2019/LSGD dated 05/10/2019, Government of Kerala has constituted Kerala Real Estate Regulatory Authority. Sri. P.H. Kurian IAS (Retd) has assumes charge as Chairman |
| 2 | Member | 05/10/2019 | As per GO(P) No. 65/2019/LSGD dated 05/10/2019, Government of Kerala has constituted Kerala Real Estate Regulatory Authority – Adv. Preetha P Menon has assumed charge as Member |
| 3 | Address and Contact details of office | Kerala Real Estate Regulatory Authority Swaraj Bhavan, 5th floor, Nanthancode, Kowdiar P O Thiruananthapuram, Kerala PIN – 695003 Phone : 0471-2313045
Email : info.rera@kerala.gov.in |
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| 4 | K-RERA issues order on manner of submitting application for registration of Ongoing Projects | 14-01-2020 | By Order No. K-RERA/T3/102/2020 Dated 14/01/2020 the form and mode of filing the application along with additional information, documents for registration of ongoing projects has been given.
Click here to know more details – https://rera.kerala.gov.in/node/58 |
| 5 | Directions to the Promotors of Ongoing Projects – Order No. 128/K-RERA/2019(2) | 09/01/2019 | During the period of 3 months from 1st Jan 2020 the promoters of ongoing project shall comply –
1) Shall not receive more than 10% of cost of apartment, plot or building without Executing Agreement for sale 2) Format of agreement for sale as annexed in Rules 3) Compliance of deposit and withdrawal of funds of 70 / 30 shall be as per sec 4(2)(L)(D) of the Act https://rera.kerala.gov.in/node/57 |
| 6 | Jurisdiction of Kerala Real Estate Regulatory Authority – Order No. 128/K-RERA/2019(1) | 23/12/2019 | All the real estate projects both ongoing and new within the state of Kerala, shall be registered with the Authority, as per the provisions of the Act.
https://rera.kerala.gov.in/node/56 |
| 7 | RERA Public Notice | 27/12/2019 | In continuation of the Public Notice issued on 26.12.2019 it is clarified that –
1) The Real Estate Projects that have obtained Occupancy Certificates do not require registration under RERA, And 2) The ongoing Real Estate Projects shall be registered within 3 (Three) months from 1st January 2020 https://rera.kerala.gov.in/node/40 |
| 8 | RERA Public Notice | 26/12/2019 | All the Allottees/Buyers are hereby informed that they should verify whether the project is registered with the Kerala Real Estate Regulatory Authority and they should also verify whether the Real Estate Agent, if any, dealing with them is registered with the Kerala Real Estate Regulatory Authority.
Any persons coming across any such said violations may inform the Authority by reporting such violations through the Email id info.rera@kerala.gov.in or in writing https://rera.kerala.gov.in/node/37 |
| 9 | RERA at a Glance – Kerala RERA | 06-01-2020 | K-RERA Publishes a brochure “Real Estate Regulation at a Glance” for public information covering the basics of rera, applicability, registration fee for the projects, do’s and don’t’s, penalties for non-compliance and allottees to rights etc
Must read document https://rera.kerala.gov.in/node/54 |
UTTAR PRADESH RERA
| Sl No | Document Name | Date | Important Aspects Covered |
| 1 | Training Schedule for e-Court module | 24-12-2019 | Demonstration and Training session for filing complaints on e-courts module of UP Rera Web-portal for advocates, CA’s, CS’s etc on 23rd and 24th December |
Important Orders under RERA
| Sl No | Order by | Subject | Order |
| 1 | Karnataka Apellate Tribunal – Bangalore
RERA Appeal No 82/2019 (CH-1) Obel Builders Vs RERA – Karnataka Dated 8th Nov 2019 |
Registration and imposition of Penalty are different. Authority shall not hold the registration for non-payment of penalty. | If Applicant fulfilled the requirement of application. Registration shall be granted
Any violation shall be dealt separately If registration of project itself withheld for recovery of the penalty imposed, then prospective buyers have to suffer, due to delay in completion of the project. Directed to provide registration no, login ID, PW within 7 days. |
| 2 | Suomoto Case No 21 of 2019 of Maha RERA
In another 20 cases similar orders have been passed. |
Lapse of registration of Real estate project, extension not applied by the promoter
Authority has suo-moto issued the notice to the promoter and Project Associates. However no one has appeared and hence exparte order passed |
Lapse of registration of Real estate project, extension application was not made the promoter, no complaints made by the allottees.
Directed the promoter to form the Allottees association so that allottees may proceed U/s 7 and 8 of the Act as per MahaRera order no 8/2019 dt 29/03/2019 |
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