Definitions as per States RERA Rules (All States) –

The Real Estate Regulation and Development Act 2016 aims to safeguard and provide effective consumer protection, uniformity and standardization of business practices and transactions in the Real Estate Sector. The Act provides for establishment of Real Estate Regulatory Authority for regulation and promotion of real estate sector and to ensure sale of plot, apartment or building, as the case may be, in an efficient and transparent manner and to protect the interest of consumers in real estate sector and establish the Real Estate Appellate Tribunal to hear appeals from the decisions, directors or orders of the Authority. RERD Act will ensure greater accountability towards consumers, and significantly reduce frauds and delays as also the current high transaction costs. It attempts to balance the interests of consumers and promoters by imposing certain responsibilities of both. It seeks to establish symmetry of information between the promoter and purchaser, transparency of contractual conditions, set minimum standards of accountability and a fast track dispute resolution mechanism. The Act will induct professionalism and standardisation in the sector, thus paving the way for accelerated growth and investments in the long run.

Act mandates the states to frame and notify the Rules and implementation thereon. Accordingly most of the states have notified the Rules.

An attempt to consolidate and understand the Definitions of Rules as per Various states. Accordingly compilation is made and shared here for the benefit of the Readers.

LIST OF STATES

SL No STATE STATE
1 Andaman & Nicobar Andaman and Nicobar Islands Real Estate(Regulation and Development) (General) Rules, 2016.
2 Andhra Pradesh Andhra Pradesh Real Estate (Regulationand Development) Rules, 2017
3 Bihar Bihar Real Estate(Regulation and Development) Rules, 201 7
4 Chandigarh Chandigarh Real Estate (Regulation andDevelopment) (General) Rules, 2016
5 Chhattisgarh Chhattisgarh Real Estate (Regulation and Development) Rules, 2017
6 Dadra & Nagar Haveli Dadra and Nagar Haveli Real Estate(Regulation and Development) (General) Rules, 2016
7 Daman & Diu Daman and Diu Real Estate (Regulationand Development) (General) Rules, 2016.
8 Delhi Delhi RealEstate (Regulation and Development) (General) Rules, 2016
9 Goa Goa Real Estate (Regulation and Development) (Appellate Tribunal Members, Officer and Employees Appointment and Service Conditions) Rules, 2017.
10 Gujarat Gujarat Real Estate (Regulation and Development)(Matters Relating to the Real Estate Regulatory Authority) Rules, 2016
11 Haryana Haryana Real Estate (Regulation andDevelopment) Rules, 2017
12 Himachal Pradesh Himachal Pradesh Real Estate (Regulation and Development) Rules, 2017
13 Jharkhand Jharkhand Real Estate (Regulation and Development) Rules, 2017 (Central Act of 2016)
14 Karnataka Karnataka Real Estate (Regulation and Development) Rules, 2017
15 Kerala Kerala Real Estate (Regulation and Development) Rules, 2018
16 Madhya Pradesh Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017
17 Maharashtra Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects, Registration of real estate agents, rates of interest and disclosures on website) Rules, 2017
18 Mizoram Mizoram Real Estate (Regulation and Development) Rules,2019
19 Odisha Odisha RealEstate (Regulation and Development) Rules, 2017
20 Punjab Punjab State Real Estate (Regulation and Development) Rules, 2017
21 Rajasthan Rajasthan Real Estate (Regulation and Development) Rules, 2017.
22 Tamil Nadu Tamil Nadu Real Estate (Regulation and Development) Rules, 2017
23 Telangana Telangana State Real Estate (Regulation andDevelopment) Rules, 2017
24 Uttarakhand UttarakhandReal Estate (Regulation and Development)(General) Rules, 2017
25 Uttar Pradesh Uttar Pradesh Real Estate (Regulation andDevelopment) Rules, 2016
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27. SUMMARY DEFINITIONS

Andaman & Nicobar:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b) “association of allottees” means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorized representatives of the allottees;

(c) “authenticated copy” shall mean a self-attested copy of any document;

(d) “Form” means a Form appended to these rules;

(e) “appropriate government” means the Central Government;

(f) “section” means a section of the Act.

Andhra Pradesh:

(a) “Act” means, the Real Estate (Regulation and Development) Act, 2016 (Central Act No. 16 of 2016);

(b) “Annexure” means, an annexure appended to these rules;

(c) “Appellate Tribunal” means, the Andhra Pradesh Real Estate Appellate Tribunal [APREAT] established under sub-section (1) of section 43 of the Act;

(d) “Applicant” means person making an application under section 4 of the Act;

(e) “Appropriate Government” means, the State Government;

(f) “Authenticated copy” shall mean, a self-attested copy of any document required to be provided by any person under these rules;

(g) “Authorized Representative” means, a person duly authorized to present Application or to give reply on its behalf before the Authority or Appellate Tribunal;

(h) “Authority” means, the Andhra Pradesh Real Estate Regulatory Authority [APRERA] established under section 20 of the Act;

(i) “Complainant” means, any aggrieved person making a complaint under the Act;

(j) “Disclosures” means, the information and documents to be uploaded by the Promoter on the website of the Regulatory Authority as well as the information and documents, which he is liable to give or produce or cause to be given and produced to the person intending to take or invest in the project under the Act including those disclosures to the public at large through print media, electronic media, property exhibitions and promotional events under various related Acts;

(k) “Form” means, a form appended to these rules;

(l) “Layout Plan” means, a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(m) “Legal Practitioner” shall have the same meaning as is assigned to it in the Advocates Act, 1961 (Central Act No.25 of 1961);

(n) “Limited common areas and facilities of a building” means, entrance hall, staircases, lift, common passages on every floor, firefighting systems within building including fire chute, service floors or terraces above the upper most floor of the building but does not include utility areas;

(o) “Ongoing Project” means, a Project where development is going on and for which Occupancy Certificate or Completion Certificate has not been issued but excludes such Projects which fulfill any of the following criteria on the date of notification of these rules.

(i) Where roads, open spaces, amenities and services have been handed over to the local authority in layout Projects.

(ii) Where all slabs are laid in housing projects

(iii) Where all developmental works have been completed and sale / lease deeds of 50% of the Apartments / Houses/ Plots have been executed

(iv) Where development works have been completed and application has been filed to the competent authority for issue of Completion or Occupancy Certificate.

(p) “Project Land” means, any parcel or parcels of land on which the project is developed and constructed by a promoter; and

(q) “Section” means, a section of the Act;

Bihar:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b) “association of allottees” means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorized representatives of the allottees;

(c) “authenticated copy” shall mean a self-attested copy of any document;

(d) “Form” means a Form appended to these rules;

(e) “State Government” means the Government of Bihar;

(f) “section” means a section of the Act.

Chandigarh:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b) “association of allottees” means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorized representatives of the allottees;

(c) “authenticated copy” shall mean a self-attested copy of any document;

(d) “Form” means a Form appended to these rules;

(e) “appropriate government” means the Central Government;

(f) “section” means a section of the Act.

Chhattisgarh:

(a) “Act” means the Real Estate (Regulation and Development) Act 2016 (16 of 2016);

(b) “Annexure” means annexure appended to these rules;

(c) “Appropriate Government” means the Government of Chhattisgarh;

(d) “Authenticated Copy” shall mean a self-attested copy of any document required to be provided by any person under these rules;

(e) “Form” means form appended to these rules;

(f) “Layout Plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details, as may be necessary;

(g) “ongoing Project” means a project where development is going on and for which completion certificate has not been issued but excludes such projects which fulfill any of the following criteria on the date of notification of these rules, –

(i) where services have been handed over to the Local Authority for maintenance;

(ii) where common area and facilities have been handed over to the Association or the Residents’ welfare Association Society for maintenance;

(iii) where all development work has been completed and sale/lease deeds of sixty percent of the apartments/houses/plots have been executed;

(iv) where all development works have been completed and application has been filed with the competent Authority for issue of completion certificate’

(h) “Project Land” means any parcel of land on’ which the project is developed and constructed by, promoter;

(i) “Section” means section of the Act.

Dadra & Nagar Haveli (Maharera):

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b) “association of allottees” means a collective of the allottees of a real estate project, by whatever name

(c) called, registered under any law for the time being in force, acting as a group to serve the cause of its

(d) members, and shall include the authorized representatives of the allottees;

(e) “authenticated copy” shall mean a self-attested copy of any document;

(f) “Form” means a Form appended to these rules;

(g) “appropriate government” means the Central Government;

(h) “section” means a section of the Act.

Daman & Diu:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b) “association of allottees” means a collective of the allottees of a real estate project, by whatever name

(c) called, registered under any law for the time being in force, acting as a group to serve the cause of its

(d) members, and shall include the authorized representatives of the allottees;

(e) “authenticated copy” shall mean a self-attested copy of any document;

(f) “Form” means a Form appended to these rules;

(g) “appropriate government” means the Central Government;

(h) “section” means a section of the Act.

Delhi

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b) “association of allottees” means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorized representatives of the allottees;

(c) “authenticated copy” shall mean a self-attested copy of any document;

(d) “Form” means a Form appended to these rules;

(e) “appropriate Government” means the Ministry of Urban Development, Government of India; and

(f) “section” means a section of the Act. (2) Words and expressions used but not defined in these rules, but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Goa

Goa Real Estate (Regulation and Development) (Appellate Tribunal Members, Officer and Employees Appointment and Service Conditions) Rules, 2017.

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016);

(b) “Appellate Tribunal” means the Goa Real Estate Appellate Tribunal established under sub-section (1) of section 43;

(c) “Form” means the Form appended to these Rules;

(d) “Government” means the Government of Goa;

(e) “member” means the member of the Appellate Tribunal;

(f) “section” means section of the Act;

(g) “Selection Committee” means the Selection committee specified in sub- -section (3) of section 46;

(h) “State” means the State of Goa.

Gujarat

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b) “authenticated copy” shall mean a self-attested copy of any document required to be provided by any person under these rules;

(c) “Authority” means the Gujarat Real Estate Regulatory Authority as established under sub-section (1) of section 20 of the Act;

(d) “Form” means a form appended to these rules;

(e) “Government” means the Government of Gujarat;

(f) “layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(g) “section” means a section of the Act; and

(h) “Selection Committee” means the Selection Committee as referred to in section 22 of the Act.

Haryana

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016).

(b) “annexure” means an annexure appended to these rules;

(c) “association of allottees” means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorized representatives of the allottees;

(d) “authenticated copy” means a self-attested copy of any document required to be provided by any person under these rules;

(e) “colony” shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975). Explanation. – Colony may contain more than one project and each such project may be developed in phases.

(f) “common areas and facilities” shall have the same meaning as defined in the Haryana Apartment Ownership Act, 1983 (10 of 1983) in case of group housing, integrated commercial complex, cyber city/ park and in case of plotted colony, shall have the same meaning as defined in of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(g) “cyber city” shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(h) “cyber park” shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(i) “external development works” shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(j) “form” means a form appended to these rules;

(k) “group housing” shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(l) “integrated commercial complex” shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(m) “internal development works” shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(n) “layout plan” means a plan of the colony depicting the division or proposed division of land into plots, roads, open spaces, etc and other details, as may be necessary;

(o) “on-going project” means a project for which a license was issued for the development under the Haryana Development and Regulation of Urban Area Act, 1975 on or before the 1st May, 2017 and where development works were yet to be completed on the said date, but does not include:

(p) any project for which after completion of development works, an application under Rule 16 of the Haryana Development and Regulation of Urban Area Rules, 1976 or under sub code 4.10 of the Haryana Building Code 2017, as the case may be, is made to the Competent Authority on or before publication of these rules and

(q) that part of any project for which part completion/completion, occupation certificate or part thereof has been granted on or before publication of these rules.

(r) “parking” shall have the same meaning as defined in the Haryana Building Code 2017(Building Rules);

(s) “project land” means any parcel or parcels of land on which the project is developed and constructed by a promoter;

(t) “section” means a section of the Act;

(u) “Government” means the Government of the State of Haryana;

(v) “schedule” means a schedule appended to these rules;

(w) “structural defects” means actual physical damage/ defects to the designated load-bearing elements of the building, apartment or unit like faults, breakage or cracks, appearing over time in elements such as load bearing columns, walls, slabs, beams etc. which can affect the strength and stability of the apartment or the building and shall include any of the following, namely:-

(x) defects due to design attributes of reinforced cement concrete (RCC) or structural mild steel (MS) elements of an engineered (structurally designed) building structure;

(y) defects due to faulty or bad workmanship of RCC or MS work;

(z) defects due to materials used in such RCC or MS work;

(aa) major cracks in masonry work that are induced as result of failures of RCC or MS work;

(bb) any defect which is established to have occurred on account of negligence, use of inferior materials or non-adherence to the regulatory codes of practice by the promoter.

(cc) Explanation: – The promoter shall not be liable for any such 3 structural/ architectural defect induced by the allottee, by means of carrying out structural or architectural changes from the original specifications/ design.

Himachal Pradesh:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016);

(b) “association of allottees” means a collective of the allottees of a real estate project, by whatever name called. Registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorized representatives of the allottees;

(c) “authenticated copy” means a self-attested copy of any document;

(d) “Form” means a Form appended to these rules;

(e) “Government” or “State Government” means the Government of Himachal Pradesh.

(f) “section” means a section of the Act.

Jharkhand

(a) “Act” means the Real Estate (Regulation and Development) Act, 2017;

(b) “Association of allottees” means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorized representatives of the allottees;

(c) “Authenticated copy” shall mean a self-attested copy of any document;

(d) “Annexure” means an annexure appended to these rules.

(e) “Carpet area” means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.

(f) Explanation – For the purpose of this clause, the expression “exclusive balcony or verandah, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; and “exclusive open terrace area” means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee;

(g) “Completion certificate” means the completion certificate, or such other certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan and specification, as approved by the competent authority under the local laws;

(h) “Common Area” mean:

(i) The entire land for real estate project or where the project is developed in phases and registration under this Act is sought for a phase, the entire land for that phase;

(ii) The stair cases, lifts and lift lobbies, fire escaped, and common entrances and exits of buildings;

(iii) The common basements, terraces, parks, playground, open parking areas and common storage spaces;

(iv) The premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staffs or for the lodging of community services personnel;

(v) Installation of central services such as electricity, gas, water and sanitation, air-conditioning and incinerating system for water conservation and renewable energy;

(vi) The water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installation for common use.

(vii) All community and commercial facilities as provided in the real estate project;

(viii) Explanation – community & commercial facilities shall include only those facilities which have been provided as common areas in the real estate project.

(ix) All other portion of the project necessary or convenient for its maintenance, safety, etc., and in common use.

(i) “Department” means Urban Development & Housing Department, Government of Jharkhand

(j) “Form” means a form appended to these rules;

(k) “Government” means the Government of Jharkhand;

(l) “Occupancy certificate” means the occupancy certificate, or such other certificate by whatever name called, issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity;

(m) “Section” means a section of the Act;

(n) “Selection Committee” means the selection committee constituted under section-22 and section-46 (3) of the Act in accordance with these rules.

(o) “Search Committee” means the selection committee constituted under these rules to assist the selection committee and

(p) Words and expressions used but not defined in these rules, but defined in the act, shall have the meanings respectively assigned to them in the Act.

Karnataka

(a) “Act” -means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016);

(b) “Association of allottees” – means a collective of the allottees of a real estate project by whatever name called registered under any law for the time being in force, acting as a group to serve the cause of its members and shall include the authorized representatives of the allottees;

(c) “Co-operative Society” means a society registered or deemed to be registered under the Karnataka Co-operative societies Act, 1959 (Karnataka Act 11 of 1959);

(d) “Form” means a form appended to these rules; and

(e) “Section” means a section of the Act.

Kerala:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016, (Central Act 16 of 2016)

(b) “Annexure” means an annexure appended to these rules

(c) “Authenticated copy” shall mean a self-attested copy of any document required to be provided by any person under these rules.

(d) “Authority” means the Real Estate Regulatory Authority established by the Government of Kerala under sub-section (1) of section (20) of the Act.

(e) “Form means a form appended to these rules.

(f) “Government” means the Government of Kerala.

(g) “Layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary.

(h) “Permit” means a permission or authorization in writing by the Secretary of the Local authority concerned to carry out the work.

(i) “Project land” means any parcel or parcels of land on which the project is or proposed to be developed and constructed by a promoter.

(j) “Section” means section of the Act.

(k) “Selection Committee” means the Selection Committee constituted under Section 22 of the Act in accordance with these rules.

Madhya Pradesh:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b) “Agent” means the Agent as defined in sub-section (ZM) of section 2 of the Act;

(c) “Annexure” means an annexure appended to these rules;

(d) “appropriate Government” means the Government of Madhya Pradesh;

(e) “Association of allottees” means a collective of the least two-thirds of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorized representatives of the allottees;

(f) “authenticated copy” means a self-attested copy of any document required to be provided by any person under these rules;

(g) “Form” means a form appended to these rules;

(h) “layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details such as their dimensions, as may be necessary;

(i) “project land” means any parcel or parcels of a land on which the project is developed and constructed by a promoter;

(j) “section” means a section of the Act;

Maharashtra:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Act No. 16 of 2016);

(b) “Annexure” means an annexure appended to these rules;

(c) “Apex Body” or “Federation” means an independent body formed by and consisting of all the Co-operative Societies registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), Companies registered under the Companies Act, 2013 or condominiums or any other legal entity, constituted of the allottee in various buildings with or without wings located within a layout, where each such co-operative society or company or condominium or any other legal entity, as the case may be, which cooperate in the maintenance and administration of common areas and amenities and facilities provided in the layout while independently retaining control of its own internal affairs and administration in respect of each of the buildings for which they are formed;

(d) “Appellate Tribunal” means the Maharashtra Real Estate Appellate Tribunal established under the sub-section (1) of section 43 and shall include its benches;

(e) “ASR” or “Annual Statement of Rates” means the rate of land and building for different users and as notified under the provisions of the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995;

(f) “authenticated copy” shall mean a self-attested copy of any document required to be provided by any person under these rules

(g) ” authorized representative” means a person duly authorized by a party to a proceeding to present Application or to appear or plead on his behalf before the Authority or Appellate Tribunal;

(h) “Authority” means the Maharashtra Real Estate Regulatory Authority established under the sub-section (1) of section 20;

(i) “Chairperson” means the Chairperson of the Authority appointed under section 21;

(j) “Covered parking space” means an enclosed or covered area as approved by the Competent Authority as per the applicable Development Control Regulations for parking of vehicles of the allottees which may be in basements and/or stilt and/or podium and/or space provided by mechanized parking arrangements but shall not include a garage and/or open parking;

(k) “disclosure” means the information and documents to be uploaded by the Promoter on the website of the Authority as well as the information and documents, which he is liable to give or produce or cause to be given and produced to the person intending to take or invest in project under the Act to the public at large through print media, electronics media, property exhibitions and promotional events and shall also include the communications made to the Authority, either in physical or electronic form and includes the information, documents, etc., being made available;

(l) “Form” means the forms appended to these Rules;

(m) “FSI “or” Floor Space Index” shall have the same meaning as assigned to it in the Building Rules or Building By-laws or Development Control Regulations made under any law for the time being in force;

(n) “Legal Practitioner” shall have the same meaning as is assigned to it in the Advocates Act, 1961 (25 of 1961);

(o) “Member” means a Member of the Authority appointed under section 21;

(p) “Phase of a Real Estate Project” may consist of a building or a wing of the building in case of building with multiple wings or defined number of floors in a multi- storied building/wing;

(q) “Redevelopment Scheme” means a scheme inter alia providing for allotment of apartments in respect of rehabilitation or redevelopment of slum areas, old or dilapidated buildings (whether ceased or not), or cluster of buildings, as may be approved by the relevant competent authority under the provisions of any State or Central law or orders of the State or Central Government;

(r) “regulations” means the regulations made by the Authority;

(s) “section” means a section of the Act;

(t) “statutory authority” means such authority who is invested with the powers under any law, rules or regulations of the State Government or Central Government;

Mizoram:

(a) “Act” means The Real Estate (Regulation and Development) Act, 2016;

(b) “Annexure” means an annexure appended to these rules;

(c) “State Government” means the State Government;

(d) “Authenticated copy” shall mean a self-attested copy of any document required to be provided by any person under these rules;

(e) “applicant” means person making an application under Section 4 of The Real Estate (Regulation and Development) Act, 2016;

(f) “complainant” means any aggrieved person making a complaint under section 31 of The Real Estate (Regulation and Development) Act 2016;

(g) “form” means the form appended to these rules;

(h) “High Court” means Gauhati High Court;

(i) “layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(j) “ongoing project” means project which has not received completion certificate on or before commencement of The Real Estate (Regulation and Development) Act 2016;

(k) “project land” means any parcel or parcels of land on which the project is developed and constructed by a promoter;

(l) “Regulatory Authority” means Real Estate Regulatory Authority of Mizoram established under sub-section (1) of Section 20 of The Real Estate (Regulation and Development) Act, 2016;

(m) “sanctioned plan” means the site plan, building plan, service plan, parking and circulation plan, landscape plan, layout plan, zoning plan and such other plan and includes structural designs, if applicable, permissions such as environmental permission and such other permissions, which are approved by the competent authority prior to start of a real estate project;

(n) “section” means section of the Act;

Odisha:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b) “Annexure” means an annexure appended to these rules;

(c) “Authenticated copy” shall mean a self-attested copy of any document required to be provided by any person under these rules;

(d) “Form” means a Form appended to these rules;

(e) “Government” means Government of Odisha;

(f) “Layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(g) “Project land” means any piece or parcels of land on which the project is developed and constructed by a promoter; and

(h) “section” means a section of the Act.

Punjab:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act No. 16 of 2016);

(b) “Annexure” means an annexure appended to these rules;

(c) “association of allottees” means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the case of its members, and shall include the authorized representative of the allottees.

(d) “authenticated copy” means a self-attested copy of any document required to be provided by any person under these rules;

(e) “Form” means a form appended to these rules;

(f) “layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details, as may be necessary;

(g) “partial completion certificate” means a certificate issued by the Authority competent to issue the same for a part of project area on completion of development works in that part or of a building block in case of built up projects as the case may be.

(h) “ongoing projects” means the Real Estate Projects which are ongoing in which development and development works as defined in Section 2(s) and Section 2(t) of the Act are still under way, excluding the area of portion of the Real Estate Project for which partial completion or occupation certificate, as the case may be, has been obtained by the promoter of the project.

(i) “project land” means any parcel or parcels of land on which the project is developed and constructed by a promoter;

(j) “section” means a section of the Act;

(k) “State Government” means the Government of the State of Punjab in the Department of Housing and Urban Development; and

(l) “super area of an apartment” means the gross covered area of the building, including the area covered by all such parts/areas in the project, which the allottee shall use by sharing it with other occupants of the project, including entrance lobby, drivers’/common toilet at ground floor, lift shafts, electrical shafts, fire shafts, plumbing shafts, common corridors and passages, staircases, mumties, service areas, including but not limited to lift machine room, maintenance offices or stores, security or fire control rooms and architectural features, if provided.

Rajasthan:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act No.16 of 2016);

(b) “authenticated copy” means a self-attested copy of any document required to be provided by any person under these rules;

(c) “Form” means a form appended to these rules;

(d) “layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary and includes building layout plan;

(e) “limited common areas and facilities” means those common areas and facilities which are designated in writing by the Promoter before the allotment, sale or other transfer of any apartment as reserved for use of certain apartment or apartments to the exclusion of the other apartments.

(f) “planning area” means a planning area or a development area as specified under the master plan;

(g) “project land” means any piece, parcel or parcels of land on which the project is developed and constructed by a promoter; and

(h) “section” means a section of the Act.

Tamilnadu

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016);

(b) “Agreement for Sale” means an agreement for sale and/or construction agreement as prescribed in Annexure „A‟ to these rules;

(c) “Association” means the Association referred to in rule 10;

(d) “authenticated copy” means a self-attested copy of any document required to be provided by any person under these rules;

(e) “Form” means a form appended to these rules;

(f) “Government” means the Government of Tamil Nadu;

(g) “layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc., and other details as may be necessary;

(h) “Ongoing project” means, a project where development is going on and for which completion certificate has not been issued but excludes such projects which fulfill any of the following criteria on the date of coming into force of sub-section (1) of section 3 of the Act: –

(i) in layout projects i.e., where land is developed into plots, the roads and open spaces gifted to the local body concerned;

(ii) the projects in Chennai Metropolitan Area for which application for completion certificate has been filed with Chennai Metropolitan Development Authority subject to furnishing certificate from the architect/licensed surveyor/structural engineer associated with the project to the effect that all the buildings in the projects have been structurally completed i.e. all the columns, beams and slabs have been erected supported with photographs. Chennai Metropolitan Development Authority will issue, completion certificate for those projects in compliance with Completion Certificate norms prescribed. In Completion Certificate filed cases, if the Completion Certificate is rejected by Chennai Metropolitan Development Authority for violation of norms, such projects will be intimated to the Real Estate Regulatory Authority and will be bound for registration with Real Estate Regulatory Authority. The details of all projects where Completion Certificate application has been filed with Chennai Metropolitan Development Authority prior to notification of these rules will be disclosed to the public by publishing the list of all such 2 projects on the website of Chennai Metropolitan Development Authority and Real Estate Regulatory Authority immediately after notification of these rules.

(iii) in the case of projects under execution outside Chennai Metropolitan Area, as no provision and procedure has yet been prescribed for issue of completion certificate, if the construction is structurally completed meaning that all the columns, beams and slabs have been erected and certified by the architect or structural engineer/licensed surveyor associated with the project supported with photographs. Such projects shall be intimated to the concerned Local Planning Authority or Regional Deputy Director of the Town and Country Planning Department within 15 days from the date of notification of these rules with a copy marked to the office of the Director of Town and Country Planning. The Director of Town and Country Planning will make public the list of all such projects in his official website, on the 16th day of notification of the rules besides publication of the same in the website of Real Estate Regulatory Authority.

(i) “project land” means any parcel or parcels of land on which the project is developed and constructed by a promoter;

(j) “Parking” means the parking space(s) as shown in the plans approved by the planning authority;

(k) “Reserved Car Park” means an enclosed or unenclosed, covered or open area which is sufficient in size to park vehicles and which may be provided in basements and/or stilt and/or podium and/or independent structure built for providing parking spaces and/or parking provided by mechanized parking arrangements and which is not a garage and (2) Words and expressions used herein and not defined, but defined in the Act, shall have the same meaning, respectively, assigned to them in the Act.

Telangana:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016);

(b) “association of allottees” means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorized representatives of the allottees;

(c) “authenticated copy” means a self-attested copy of any document;

(d) “Form” means a Form appended to these rules;

(e) “appropriate government” means the Government of Telangana;

(f) “section” means a section of the Read Estate (Regulations and Development) Act, 2016

(g) “Saleable Area” includes Carpet Area plus veranda/balcony/terrace area which are exclusively meant for the Allottee plus the proportionate share of Common Areas and any other area as agreed between the Promoter and Allottee in the agreement of sale for which a proportionate cost has been collected from the Allottees;

(h) Parking area” means a covered or open area which is sufficient in size to park vehicles and which may be provided in the basements and/or stilt and/or podium and/or in the form of independent structure built for providing parking spaces and/or parking provided by the mechanized parking arrangements.

(i) “Land Cost” and Cost of Construction: For the purposes of sub-clause (D) of clause (l) of sub-section (2) of section 4 of the Act and for the purposes of registration of a real estate project as set out in Rules 3 and 4 of these Rules:

“Land cost” shall include:

(i) The costs incurred by the Promoter for acquisition of ownership and title of the land parcels proposed for the real estate project, including its lease charges, Interest Costs, which shall also include overhead cost, marketing and/or brokerage costs, legal cost and supervision cost.

(ii) Any security deposits, payments payable to land owner(s) in connection with the Joint development agreement,

(iii) Amount paid for acquisition of Transferable Development Rights in accordance with applicable laws;

(iv) Consideration payable to the outgoing developer to relinquish ownership and title rights over the land parcel forming part of the real estate project;

(v) 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.

“Cost of construction” shall include:

(i) The cost of construction for the purpose of sub-clause (D) of clause (I) of sub-section (2) of section 4, 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;

(ii) 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; and

(iii) Principal sums and Interest, paid or payable to any financial institutions including scheduled banks or nonbanking financial companies etc. or any lender for the Real Estate Project.

(j) “Ongoing Project” 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.

Uttarakhand:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2017;

(b) “Annexure” means an annexure appended to these rules;

(c) “authenticated copy” shall mean a self-attested copy of any document required to be provided by any person under these rules;

(d) “Form” means a form appended to these rules;

(e) “appropriate Government” means the State Government of Uttarakhand;

(f) “layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(g) “project land” means any parcel or parcels of land on which the project is developed and constructed by a Promoter;

(h) “section” means a section of the Act; and

Uttar Pradesh:

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016;

(b) “Annexure” means as annexure appended to these rules;

(c) “authenticated copy” shall means a self-attested copy of any document required to be provided by any person under these rules;

(d) “Common area” means:

(e) the entire land for the real estate project, or where the project is developed in phases and registration under this Act is sought for a phase, the entire land for that phase;

(f) the stair cases, lifts, staircase and lift lobbies, fire escapes, and common entrances and exits of buildings;

(g) the common basements, terraces, parks, playground, open parking areas and common storage spaces;

(h) the premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staffs or for the lodging of community service personnel;

(i) installations of central services such as electricity, gas, water and sanitation, air-conditioning and incinerating, system for water conservation and renewable energy;

(j) the water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installations for common use;

(k) all community and commercial facilities as provided in the real estate project; Explanation: – community & commercial facilities shall include only those facilities which have been provided as common areas in the real estate project.

(l) all other portion of the project necessary or convenient for its maintenance, safety, etc., and in common use;

(m) “Form” means a form appended to these rules;

(n) “Government” means the Government of Uttar Pradesh;

(o) “layout Plan” means a plan of the project depicting the divisions proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(p) “ongoing project” means a project where development is going on and for which completion certificate has not been issued but excludes such projects which fulfill any of the following criteria on the date of notification of these rules:

i. where services have been handed over to the Local Authority for maintenance.

ii. where common areas and facilities have been handed over to the Association for the Residents’ Welfare Association for maintenance.

iii. where all development work has been completed and sale/lease deeds of sixty percent of the apartment/ houses/plots have been executed.

iv. where all development works have been completed and application has been filed with the competent authority for issue of completion certificate.

(q) “project land” means any parcel or parcels of land on which the project is developed and constructed by a promoter;

(r) “section” means a section of the Act,

(s) “Selection Committee” means the Selection Committee constituted under section-22 of the Act in accordance with these rules;

(t) “Search Committee” means the Search Committee constituted under these rules to assist the Selection Committee; and

SUMMARY of DEFINITIONS

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Qualification: CA in Practice
Company: Venu & Vinay
Location: Bangaloe, Karnataka, IN
Member Since: 05 Sep 2018 | Total Posts: 20
CA Vinay Thyagaraj, practicing Professional in the area of Real Estate, Direct Taxation, business structuring apart from financial consultation. Practicing since 2 decades in Bengaluru, developed team of professionals to provide holistic and 360 Degree services to the clients. Living with parents, View Full Profile

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