RERA

RERA COVID-19 relaxation Centre Vs. Rajasthan : Whether valid?

Corporate Law - Real estate sector, once known for its gargantuan returns, has seen a slump in the past few years. A major reason for the same has been the enhanced scrutiny of the hitherto unregulated industry. The ongoing COVID-19 pandemic has brought the real estate sector to a standstill. Extrapolation of short-term losses in the sector are undeniabl...

Homebuyers V. Developers – The Conundrum

Corporate Law - Numerous real estate companies as a result of this inclusion were faced with spiralling litigations against their company by all categories of home buyers and even the Adjudicating Authorities started clubbing the challenges against each of the builder corporate debtors; to take a holistic view of the exposure to the said corporate debtor...

Protective Laws @ Purchasing Immoveable Assets

Corporate Law - Purchasing Home and especially in a Complex is nothing short of a nightmare and there are hardly any Developers or I can say there are no Developers who have given 100 percent correct details about the proposed home and their Brochure is just an advertising kit to advertise but it just remains in the Brochure. […]...

Process of RERA registration as an agent

Corporate Law - Who is real estate agent? A real estate agent is a person who works as an intermediary to facilitate the transaction and to stimulate fair practices between buyers and the builders. What are roles of real estate agents? 1. The agents must have all the records and documents of the promoters as well as their projects. […]...

Importance of end date / completion date under RERA

Corporate Law - Importance of end date / completion date under the Real Estate (Regulation and Development) Act, 2016 The Real Estate (Regulation and Development) Act, 2016 (Act) came into effect on 25th of March, 2016 after which till date 07 union territories and 19 states have framed and notified the Rules governing the real estate projects. The [&hel...

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Effective Implementation of RERA can Restore Trust Between Buyer & Seller

Corporate Law - Primary Aim is to Address Concerns of Homebuyers to Ensure Completion of Projects: Durga Shanker Mishra More Than 52,000 Real Estate Projects &40,517 Real Estate Agents Registered Under RERA RERA Day Organized...

SC Cancels Registration of Amrapali Group Under RERA

Corporate Law - A number of writ petitions were filed before the Hon’ble Supreme Court against the projects of various Companies of Amrapali Group in Noida and Greater Noida. In 2011, various housing projects were launched in Noida and Greater Noida by Amrapali Group of Companies to construct approximately 42,000 flats and it was assured that the deliv...

RERA is bringing positive transformative changes in the industry

Corporate Law - As we are in the 2nd year of the implementation of RERA, I am happy to note all the States/UTs have notified Rules under RERA except for 6 North Eastern States and the state of West Bengal...

IBC, RERA pitted against each other; need reconciliation: ASSOCHAM

Corporate Law - The two laws enacted in 2016 may have the best of intentions, but the Insolvency and Bankruptcy Code (Code) and the Real Estate (Regulation and Development) Act appear to be pitted against each other when it comes resolving interest of bankers and home-buyers, said an ASSOCHAM- Thought Arbitrage paper. ...

RERA – REITs, GST, rationalising of stamp duty to spur the housing sector

Corporate Law - In order to promote affordable housing, the government has made several efforts to create enabling environment and eco-system.Towards such an end, the Government has granted infrastructure status to affordable housing which will enable these projects to avail the associated benefits such as lower borrowing rates...

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RERA registration of project when Area is less than 500 sq mtr & flats are more than 8

Geetanjali Aman Constructions Vs Hrishikesh Ramesh Paranjpe (Maharashtra Real Estate Appellate Tribunal, Mumbai) - Geetanjali Aman Constructions Vs Hrishikesh Ramesh Paranjpe (Maharashtra Real Estate Appellate Tribunal, Mumbai) This appeal is directed against the order dated 10th December, 2018 of Ld. Member and Adjudicating Officer, MahaRERA as modified by order dated 11th March, 2019 pursuant to Review Applica...

Remedies available under CPA and RERA are concurrent: Delhi HC

M/S M3M India Pvt Ltd & Anr Vs Dr Dinesh Sharma & Anr (Delhi High Court) - M/S M3M India Pvt Ltd & Anr Vs Dr Dinesh Sharma & Anr (Delhi High Court) Judgment in Pioneer Urban Land and Infrastructure Ltd. & Anr. vs. Union of India & Ors. constitutes the law declared by the Supreme Court under Article 141 of the Constitution, even in respect of the question ra...

Multiple proceedings on same issue not permissible under RERA 2016

Mr. Jatin Mavani Vs M/s. Rare Township Pvt. Ltd (RERA) - Since the complainant is also a party to the said proceeding , he can not separately agitate this complaint before the MahaRERA, as it will amount to agitate multiple proceedings on the same issue, which is not permissible in RERA Act, 2016. In the present case since the MahaRERA has already given j...

Selling of open car parking space not allowed: Maha-RERA

Sanjeev Dhakar Vs. M/s. Arkade Realty (Maharera Mumbai) - The complainant, who is a resident in a completed building in the above registered project, has filed this complaint seeking directions of MahaRERA to the respondent to allow him to park his vehicle inside the compound wall of the building. The Complainant has further alleged that the Respondent is ...

Bombay HC Upholds constitutional validity of Penal provisions under RERA

Neelkamal Realtors Suburban Pvt. Ltd. and anr. Vs. Union of India and ors. (Bombay High Court) - Provisions of RERA are prospective in nature. The penalty under Sections 18, 38, 59, 60, 61, 63 and 64 is to be levied on account of contravention of provisions of RERA, prospectively and not retrospectively. These provisions, therefore, cannot be said to be violative of Articles 14, 19(1)(g), 20(1)...

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Maharera: Deemed extension of dates of possession by Force Majeure period

MahaRERA Order No :- 14/2020 - (18/05/2020) - The dates of possession mentioned in already registered agreements for sale, shall be deemed to be extended by the Force Majeure period. Due to non-functioning of the concerned offices, the work of transfer of title and conveyance has been adversely affected. Therefore, any compliance under Section...

MAHARERA: Revision of Project Registration Validity and Extended Timeline for Statutory Compliances

Order No.:- 13/2020 - (02/04/2020) - For all MahaRERA Registered projects where completion date, revised completion date or extended completion date expires on or after 15th March 2020, the period of validity for registration of such projects shall be extended by three months. MahaRERA shall accordingly issue project registration certi...

MahaRERA- Rescheduling of hearing due to Coronavirus epidemic

No. MahaRERA/ Adm. /232/2020 - (16/03/2020) - The Hearing of all cases before MahaRERA & Adjudicating Officers shall be adjourned till 31st March, 2020. The cases which are scheduled from 16th March 2020 till 31st March 2020 are being rescheduled due to pandemic of Coronavirus except the very urgent matters....

AP RERA- Skill, Safety, Third Party Certification on all Projects

Circular No. A/1104/2019 - (20/02/2020) - Circular No.: A/1104/2019, Dt:20-01-2020. General Direction to the Promoters as per the Section 37 of the RERA Act Andhra Pradesh Real Estate Regulatory Authority Circular No. A/1104/2019, Dt 20.01.2020. The Parliament has enacted ‘The Real Estate (Regulation and Development) Act 2016‘, ...

MahaRERA: Additional mandatory document along with application for registration of projects

Circular No: 26/2019 - (01/11/2019) - With effect from December 1, 2019 every promoter applying to MahaRERA for registration of their real estate project, shall have to mandatorily disclose their membership details with a MahaRERA registered SRO....

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