Projects that received occupancy certificate after 01.05.2017 needs to be registered under K-RERA: Kerala HC

IFCI Infrastructure Development Limited Vs Kerala Real Estate Regulatory Authority (Kerala High Court)

Kerala High Court held that all the projects which received occupancy certificate after 01.05.2017 are covered within the purview of the Kerala Real Estate Regulatory Authority (K-RERA Act, 2016) and mandatory registration as proved u/s. 20(1) of K-RERA needs to be obtained.

Facts- The matter involved here is that K-RERA passed an order on 27.01.2022, directing the promoter to register the project ‘IIDL Aerie’ u/s. 3 of the Kerala Real Estate (Regulation & Development) Act, 2016.

Whereas, it is argued by the promoter, since the K-RERA Act, 2016 came into force practically with effect from 17.04.2020 (the date of establishment of K-RERA) the promoter is not bound to register the project in tune with Section 3 of the K-RERA Act, 2016. Therefore, the order of the K-RERA as confirmed by the appellate authority also would require interference.

Conclusion- Held that all projects that are on-going on the date of commencement of the Act, 2016, as on 01/05/2017 and for which the completion certificates have not been issued, the promoter shall make an application to the authority for registration of the said project within a period of three days from the date of commencement of this Act i.e. from 01/05/2017. So the cardinal aspect which would govern mandatory registration is whether the completion certificate/occupancy certificate has been issued on or before 01/05/2017 in relation to a project in dispute. Since the law is laid down as above, merely because temporary Real Estate Regulatory Authority established with effect from 23.02.2018 and occupancy certificate/completion certificate obtained prior to 23.02.2018 would not exempt the promoter herein, who received occupancy certificate after 01.05.2017, from the purview of the K-RERA Act, 2016, and its mandatory registration as provided under Section 20(1) of the K-RERA, Act, 2016.

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