Civil Law

Registration Of Real Estate Project Under RERA

The Real Estate (Regulation and Development) Act, 2016 was introduced to bring fairness and transparency to India’s real estate sector. Before the enactment of RERA, the sector faced several issues such as delays in possession, unauthorized construction, lack of accountability, and fraud against homebuyers. To address these concerns and establish an effective regulatory framework, RERA was enacted. One of the most important aspects of the Act is the mandatory registration of real estate projects, which ensures transparency and protects the interests of allottees and homebuyers. Lets see Registration Of Real Estate Project Under RERA Important Provisions Related to Registration Of Real Estate Project Under RERA Section 3 – Prior Registration of Real Estate Projects Section 3 prohibits promoters from advertising, marketing, booking, selling, or offering to sell any real estate project without first registering the project with the Real Estate Regulatory Authority. This provision ensures that no project is sold before obtaining legal registration from the competent authority. It aims to prevent unlawful practices in the real estate sector and safeguard the rights and interests of homebuyers. Exceptions to Registration – Section 3(2) Registration under RERA is not required in the following cases: Registration of Projects Developed in Phases Each phase of a real estate project is treated as a separate project under RERA. Therefore, every phase requires separate registration. Registration of Ongoing Projects Any project that received a commencement certificate before the enforcement of RERA but did not receive a completion certificate before the commencement of the Act must obtain registration under RERA. However, projects that already received completion certificates before the Act came into force are exempt from registration. Section 4 – Application for Registration of Real Estate Projects Every promoter is required to submit an application for registration in the prescribed form, manner, and within the prescribed time, along with the required fee. Steps in Registration of a Real Estate Project Step 1: Application to the Competent Authority The promoter submits the application along with all required documents and declarations. Step 2: Scrutiny and Verification The Authority verifies the application, supporting documents, approvals, and compliance requirements. Step 3: Grant or Rejection of Registration After verification, the Authority may either approve or reject the registration application. Essential Documents Required for Registration The following documents are generally required: Important Declarations Required During Registration The promoter must submit a declaration supported by an affidavit stating that: Section 5 – Grant of Registration Upon receiving the application, the Authority must, within 30 days: Grant of Registration If the Authority is satisfied with the application, it grants registration and provides: Rejection of Application The Authority may reject the application if it does not comply with the Act, rules, or regulations. However, the applicant must be given an opportunity to be heard before rejection. Deemed Registration If the Authority neither grants nor rejects the application within the prescribed period, the project is considered deemed registered. The Authority must then provide registration details within seven days. Section 6 – Extension of Registration The registration granted under Section 5 may be extended upon an application by the promoter due to: However, the extension cannot exceed one year. Section 7 – Revocation of Registration The Authority may revoke registration: Grounds for Revocation Effects of Revocation Section 8 – Obligation of Authority After Revocation or Lapse After revocation or lapse of registration, the Authority may consult the appropriate government and ensure completion of the remaining development work through: The association of allottees is given the first right of refusal for completing the project. Section 59 – Punishment for Non-Registration Registration under RERA is mandatory. Failure to register a project under Section 3 may attract: For continued non-compliance, the promoter may face: Section 60 – Penalty for Contravention of Section 4 If a promoter provides false information or violates Section 4, a penalty up to 5% of the project cost may be imposed. Important Case Law Neelkamal Realtors Suburban Pvt. Ltd. v. Union of India The Bombay High Court upheld the constitutional validity of RERA and clarified that the Act applies to ongoing projects that had not received completion certificates before the commencement of the Act. Conclusion Registration of real estate projects under RERA is essential for ensuring accountability, transparency, and consumer protection in the real estate sector. Sections 3 to 8 lay down the complete framework for registration, extension, revocation, and obligations of authorities, while Sections 59 and 60 ensure effective enforcement through penalties and punishments. Together, these provisions form the foundation of a transparent and regulated real estate system in India.