RERA

Is RERA enacted to kill the Real Estate Industry?

Corporate Law - The General notion amongst the Builder Community is that The Real Estate (Regulation & Development) Act, 2016 (RERA) has been enacted to kill the Real Estate Industry. The strict regulations & the unending compliances have discouraged, daunted & disturbed the Real Estate Builders and Developers throughout the country. The smal...

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Overview of RERA-Delhi

Corporate Law - MINISTRY OF URBAN DEVELOPMENT notified on 24th November, 2016 under section 84 and in pursuance of sub-clause (iii) of clause (g) of section 2 of the Real Estate (Regulation and Development) Act, 2016, the National Capital Territory of Delhi Real Estate (Regulation and Development) (General) Rules, 2016. The Rule gives the detailed proced...

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RERA Advertisement – Good Practice

Corporate Law - A Real Estate project can be advertised after registration with concerned real estate regulatory authority subject to compliance of the necessary directions as per the provisions of The Real Estate (Regulation and Development) Act, 2016 (RERA). (1) The advertisement materials under RERA may include any materials describing the details of ...

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Takeover of Projects under Section 15 of RERA Act, 2016

Corporate Law - Section 15 of  Real Estate (Regulation and Development) Act, 2016  Obligation of Promoter in Case of Transfer of a Real Estate Project to a Third Party Post enactment of the Real Estate (Regulation and Development) Act, 2016 (Act) is seeing consolidation in Industry for the reasons of – 1) Financial constraints in completing the devel...

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Basics of RERA

Corporate Law - Basics of RERA The much needed Real Estate (Regulation and Development) Act, 2016 came into effect on 1st May, 2016. 59 of 92 Sections of the Act were notified on 15 April, 2016 making them effective from May 1, 2016. This enabled preparation of Real Estate Rules, setting up of Regulatory Authorities and other infrastructure. […]...

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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...

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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...

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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. ...

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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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PwCs report on Transactions in Real Estate Sector

Corporate Law - PwC’s comprehensive report on ‘Transactions in the real estate sector’ covers the various tax and regulatory aspects that need to be considered while entering into transactions in the real estate sector....

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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...

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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...

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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 ...

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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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HC allows withdrawal of Maha-RERA Office Order defining ‘Co-Promoter’

Ismail Ibrahim Patel and ors. Vs. State of Maharashtra and ors. (Bombay High Court) - The petitioner had questioned and challenged the validity of office order dated 11th May, 2017 passed by the Secretary, Maharashtra Real Estate Regulatory Authority (hereinafter referred to as Maha­ RERA for short). In the impugned order the Maha­ RERA observed that since the term ‘Co­ prom...

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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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Conversion of Applications filed before MahaRERA Conciliation and Dispute Resolution forum to Suo-Motu Complaints by MahaRERA

MahaRERA Order No. 12 - (23/10/2019) - MahaRERA has established MahaRERA Conciliation and Dispute Resolution Forum for resolving disputes between the allotees and the promoters to facilitate the resolution of disputes amicably. Accordingly, new application was introduced by MahaRERA for filing online applications before the Maharashtra C...

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Further directions w.r.t filing of complaints with MahaRERA

MahaRERA Order No: 11 - (23/10/2019) - The complaints should be filed with MahaRERA, in accordance with Section 31 of the Real Estate (Development and Regulation) Act, 2016 read with rule 6 and 7 of The Maharashtra Real Estate (Regulation & Development) (Recovery of Interest, Penalty, Compensation, fine payable, Forms of Complaints and A...

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Transactions / projects not requiring MahaRERA Registration for Sale Agreement/Registration

Circular No: 25/2019 - (11/10/2019) - MAHARERA clarifies the transactions / projects which do not require MahaRERA Project Registration for Agreement for Sale / Sale Deed Registration. MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY No. MahaRER/Secy /File No. 27/1004 Date: 11th October, 2019 Circular No: 25/2019 Subject: Clarification rega...

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Registration of Self-Regulatory Organization for Promoters under MahaRERA

MahaRERA Order no. 10 - (11/10/2019) - In order to ensure greater professionalism among promoters, bring a certain level of consistency in the practices of promoters, enforcement of code of conduct and to discourage fraudulent promoters, it is proposed to introduce Self-Regulatory Organization (SROs) in the real estate sector in Maharash...

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Recent Posts in "RERA"

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....

Read More

Is RERA enacted to kill the Real Estate Industry?

The General notion amongst the Builder Community is that The Real Estate (Regulation & Development) Act, 2016 (RERA) has been enacted to kill the Real Estate Industry. The strict regulations & the unending compliances have discouraged, daunted & disturbed the Real Estate Builders and Developers throughout the country. The smal...

Read More
Posted Under: Corporate Law |

Conversion of Applications filed before MahaRERA Conciliation and Dispute Resolution forum to Suo-Motu Complaints by MahaRERA

MahaRERA Order No. 12 (23/10/2019)

MahaRERA has established MahaRERA Conciliation and Dispute Resolution Forum for resolving disputes between the allotees and the promoters to facilitate the resolution of disputes amicably. Accordingly, new application was introduced by MahaRERA for filing online applications before the Maharashtra Conciliation and Dispute Resolution Forum...

Read More

Further directions w.r.t filing of complaints with MahaRERA

MahaRERA Order No: 11 (23/10/2019)

The complaints should be filed with MahaRERA, in accordance with Section 31 of the Real Estate (Development and Regulation) Act, 2016 read with rule 6 and 7 of The Maharashtra Real Estate (Regulation & Development) (Recovery of Interest, Penalty, Compensation, fine payable, Forms of Complaints and Appeal etc.) Rules, 2017 and the Regulati...

Read More

Transactions / projects not requiring MahaRERA Registration for Sale Agreement/Registration

Circular No: 25/2019 (11/10/2019)

MAHARERA clarifies the transactions / projects which do not require MahaRERA Project Registration for Agreement for Sale / Sale Deed Registration. MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY No. MahaRER/Secy /File No. 27/1004 Date: 11th October, 2019 Circular No: 25/2019 Subject: Clarification regarding Registration of Agreement for Sale...

Read More

Registration of Self-Regulatory Organization for Promoters under MahaRERA

MahaRERA Order no. 10 (11/10/2019)

In order to ensure greater professionalism among promoters, bring a certain level of consistency in the practices of promoters, enforcement of code of conduct and to discourage fraudulent promoters, it is proposed to introduce Self-Regulatory Organization (SROs) in the real estate sector in Maharashtra and register them with MahaRERA. Det...

Read More

Overview of RERA-Delhi

MINISTRY OF URBAN DEVELOPMENT notified on 24th November, 2016 under section 84 and in pursuance of sub-clause (iii) of clause (g) of section 2 of the Real Estate (Regulation and Development) Act, 2016, the National Capital Territory of Delhi Real Estate (Regulation and Development) (General) Rules, 2016. The Rule gives the detailed proced...

Read More
Posted Under: Corporate Law |

RERA Advertisement – Good Practice

A Real Estate project can be advertised after registration with concerned real estate regulatory authority subject to compliance of the necessary directions as per the provisions of The Real Estate (Regulation and Development) Act, 2016 (RERA). (1) The advertisement materials under RERA may include any materials describing the details of ...

Read More
Posted Under: Corporate Law |

Takeover of Projects under Section 15 of RERA Act, 2016

Section 15 of  Real Estate (Regulation and Development) Act, 2016  Obligation of Promoter in Case of Transfer of a Real Estate Project to a Third Party Post enactment of the Real Estate (Regulation and Development) Act, 2016 (Act) is seeing consolidation in Industry for the reasons of – 1) Financial constraints in completing the devel...

Read More
Posted Under: Corporate Law |

Basics of RERA

Basics of RERA The much needed Real Estate (Regulation and Development) Act, 2016 came into effect on 1st May, 2016. 59 of 92 Sections of the Act were notified on 15 April, 2016 making them effective from May 1, 2016. This enabled preparation of Real Estate Rules, setting up of Regulatory Authorities and other infrastructure. […]...

Read More
Posted Under: Corporate Law |

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