Complaint in this case arose out of allotment of incomplete apartments in a project where developer failed to obtain Occupancy Certificate
Section 3 of the RERA, a builder who does not register will be unable to sell the apartment, plot, or building. The following real estate projects are exempt from registration under Section 3 of the RERA if the land size does not exceed 500 square meters or the number of apartments does not exceed 8.
The RERA Act, 2016 is a comparatively recent legislation. The provisions established have been done so with due diligence to all possible legal scenarios and a wide pallet of recourses have also been mentioned. That being said, disputes still arise due to the advancement in transaction methods, technology, market factors and so on.
In case the promoter fails to register the said project or there is a breach committed by him/her, there will be a penalty imposed on him up to the extent of 10% of the estimated cost of the project.
The BDA now has jurisdiction over 544 localities. A real estate project under the jurisdiction of the BDA is regarded as illegal or unauthorised if it lacks BDA approval.
Stay informed about the latest developments in real estate regulations in Maharashtra. MahaRERA approves the Model Allotment Letter in compliance with Section 4(2)(g) of RERA. Explore the key highlights, including the format, cancellation terms, and customization options for promoters. Ensure compliance with the Model Allotment Letter to avoid rejection of registration applications. Stay updated with the legal aspects of real estate in Maharashtra.
Explore the binding effect of resolutions passed by Apartment Owners Associations in Karnataka under the Apartment Ownership Act, 1972. Understand the governing statutes, the nature of decisions, and adherence to Act, Declaration, and Bye-Laws. Get clarity on the enforceability of resolutions and the importance of compliance with voting percentages and Bye-Laws for legal validity. Stay informed on the legal aspects surrounding apartment ownership.
An Occupancy Certificate is a document that declares a commercial or residential building ready for occupation. It is issued by the local authority to the developer within 30 days of application, certifying that the building has been constructed according to the approved plans and is in compliance with the local state laws.
Section 6 of RERA allows for extension of registration of a real estate project originally granted under Section 3 by way of an application by Promoter made on the grounds of force majeure provided that there is no default by promoter.
There arose a confusion with regard to the applicability of the provisions of RERA and their overriding effect in case of conflicting provisions with pre-existing legislations.
