Compulsory Registration of Real Estate Projects Post RERA: A Comprehensive Guide
Real Estate Regulatory Authority (RERA) plays a crucial role in ensuring transparency and fairness in the real estate sector in India. After the implementation of RERA, several projects have been left in a state of confusion regarding the need for registration post the completion of the project. This article provides a detailed explanation of the registration requirements and the steps to take if the projects are not yet registered.
Understanding the Legal Framework
According to Section 32B of the Real Estate (Regulation and Development) Act, 2016, there is no obligation to register the real estate project if the promoter has received a completion certificate for the project prior to the commencement of the Act. However, this exemption applies only to projects that were not registered and had not been handed over to the buyers or registered with the registration authorities.
Registration Requirements for Projects Post RERA Implementation
ldquo;Notwithstanding anything contained in sub-section (1), no registration of the real estate project shall be required where the promoter has received a completion certificate for a real estate project prior to the commencement of this Act.rdquo; Section 3 of the Act was notified and came into force from 01/05/2017. This means that all projects which have not obtained a completion certificate before 01/05/2017 are deemed ongoing and need to be registered with RERA.
Reporting Unregistered Projects
MahaRERA (Real Estate Regulatory Authority for Maharashtra) has an email ID to report unregistered projects that should be registered: informnonregistration@ This portal allows individuals to feed information about ongoing projects that are not registered, and as of now, more than 200 such projects have been notified.
Different Scenarios and Actions
The requirement for registration may vary based on several factors:
Project Start Date: The registration status may depend on when the project started. Projects initiated before 01/05/2017 are generally exempt if they have a completion certificate. Completion Percentage: If the project has completed a significant percentage of work around the period of RERA implementation, it might be subject to registration. Handover/Registration: Projects that have not been handed over to the buyers or registered with the relevant authorities fall under the obligation to be registered. Completion Certificate: If the project has been handed over to government authorities and a completion certificate is issued, this may affect the registration status.Steps for Unregistered Projects
If you discover that an ongoing project is not registered, you should take the following steps:
Review Existing Documentation: Check if the project has received a completion certificate before 01/05/2017. If it has, it might be exempt from registration. Lodge a Complaint: Report the unregistered project to the appropriate RERA authority at informnonregistration@ Seek Legal Advice: Consult a real estate attorney to understand your rights and to ensure compliance with the legal requirements.Conclusion
The registration of real estate projects under RERA is crucial for maintaining transparency and protecting the interests of buyers. If you are concerned about the registration status of a project, it is best to review the relevant laws and consult with the appropriate authorities. MahaRERA has taken steps to address unregistered projects, and ongoing efforts will continue to ensure compliance with RERA regulations.
References:
Real Estate Regulatory Authority of India (RERA) Maharashtra Real Estate Regulatory Agency (MahaRERA)