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.

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 –

Sl No Type of Transaction Fee Per Transactions (excl taxes and bank charges) – INR
1 Correction of Project Name 5,000
2 Change of RERA Bank Account Details 10,000
3 Correction of Promoter’s Name 5,000
4 Correction of E -mail Address 5,000
5 Third party transfer 50 % of the fees paid for registration of project
6 Inspection of documents and certified copies As per RTI Act and Rules
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

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

5 List Of All Complaints Realisation – Project- Wise realization is displayed in the website Under Complaint Tab
JUDGEMENT YEAR No of Judgement Amount Relief
2017 3 17,10,604
2018 44 5,77,53,152
2019 38 2,52,72,744
2020 4 80,40,767
TOTAL 89 9,27,77,267
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

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

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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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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