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Delhi RERA to act against builders avoiding project registration

Thursday 9th March 2023

The Delhi Real Estate Regulation Authority (RERA) has decided to tighten down on builders who dodge registration by conducting surprise inspections. Some builders in Delhi were avoiding project registration with the Authority, despite the fact that it is obligatory for developed sites larger than 500 square metres, regardless of the number of apartments built on it. For unregistered projects, RERA will levy a penalty of up to 5% of the project cost. From 2017 to 2021, Delhi RERA resolved approximately 160 complaints. It resolved 150 complaints last year. ...

Gujarat RERA posts vacant, 150 projects in limbo

Tuesday 28th February 2023

For the past month and a half, the Gujarat Real Estate Regulatory Authority (GujRERA) has been without two of the required three members. As a result, no new RERA registration numbers have been issued. According to sources within the body, there are over 150 new project files awaiting clearance, in addition to over 250 complaints pending with the authority. Real estate developers are requesting that the state government select the RERA chairman and two members, even on an in-charge basis, so that the body may continue to function normally. ...

UP-RERA imposes Rs 1.4 crore fine on 13 developers for violating orders

Tuesday 28th February 2023

The Uttar Pradesh Real Estate Regulatory Authority (UP-Rera) has imposed a collective fine of Rs 1.39 crore on 13 developers who have either delayed giving possession to homebuyers or violated its refund/other orders, using its powers under Section 38/63 of the Rera Act, which allows it to fine non-compliant promoters up to 5% of the project cost. “We found 13 developers across the state have violated executing or complying with the UP-Rera orders, ranging from failing to submit refunds to giving a cumulative fine of Rs 1.39 crore on the developers,” said an official from UP Rera. (ET Reality) ...

Punjab RERA ask property platforms to register as agents

Monday 12th September 2022

Punjab Real Estate Regulatory Authority has asked the property listing platforms such as magibricks.com, 99 acres to get themselves registered in RERA as a real estate agent.In their response to the authority , a property listing platforms argued that the role being played by the online housing portals is that of “ intermediary” and they do not participate or carry out any property transactions. ...

Delhi RERA registers 18 projects of Delhi Development Authority

Monday 5th September 2022

RERA Delhi has registered 18 DDA projects. In December 2021, the RERA has issued notices to DDA to get projects enrolled under RERA but DDA filed an appeal against the order ."There were 14 projects from 2019 for which we had asked for documents. This will transparency in the real estate market and other agencies such as Delhi State Industrial and Infrastructure Development Corporation Ltd will be encouraged to get registered with the authority" said DDA chairman Anand Kumar. ...

MahaRERA plans to help kickstart Rs 78,000-crore stalled, lapsed housing project

Monday 27th June 2022

The Maharashtra Real Estate Regulatory Authority (MahaRERA) is attempting to resurrect stalled and lapsed housing initiatives worth more than Rs 78,000 crore, accounting for roughly one-fifth of such projects in the country. The regulator has formed a special team to investigate the problems with the stalled projects and devise solutions to help them get back on track. This is the first time in the country that a state-specific real estate regulator has organised a special team to resurrect dormant projects. Sanjay Deshmukh, a veteran IAS officer, will lead the new term. Out of the 36,000 projects registered in Maharashtra over the last five years, 4,500, or around 12%, have lapsed, and the state regulatory body's new vertical will assist in resolving the concerns surrounding these projects. Unplanned credit backlogs, issues with the approval procedure, and significant price rises in raw materials have all contributed to the postponement of these projects. "Transparency will be critical in hastening the regulatory process." "We would want sophisticated IT enablement to establish a better Address Resolution Protocol (ARP) that will assist in offering end-to-end solutions," stated Ajoy Mehta, Chairman of MahaRERA. "However, that will require regulatory oversight to monitor the complexities of the projects, and it will become necessary for buyers to play a key role in providing clarity to RERA as well." "With the assistance of MahaRERA and all other stakeholders, there must be a consensus to jointly agree to take a hit in the interest of doing business and, if necessary, to work through joint ventures and other measures to achieve a common goal," stated Boman Irani, President of CREDAI-MCHI. Certain initiatives will be implemented in the next six months to help lay the groundwork for the industry, and particularly MahaRERA, to expedite the resurrection of these delayed projects. ...

UP-RERA de-registers three housing projects in Ghaziabad over work delay

Thursday 23rd June 2022

The Uttar Pradesh Real Estate Regulatory Authority announced on Wednesday that it has immediately cancelled the registration of three incomplete group housing projects in Ghaziabad and frozen their bank accounts to prevent transactions. Antriksh Sanskriti Phase-2, Antriksh Sanskriti Phase-3, and Raksha Vigyaan Sanskriti Phase-2 registrations have been cancelled, and proceedings have been initiated under RERA Section 8, according to the real estate regulatory authority. Section 8 of the UP RERA Act authorises the real estate regulatory authority to delegate completion tasks of stalled housing projects to their buyers' associations. "Multiple complaints were lodged with the Authority under Section 31 of the RERA Act by allottees of two projects of M/s Antriksh Realtek Pvt. Ltd and a project of Raksha Vigyan Karmacharis Sahkaari Samiti Ltd., alleging violation of the agreement/contract with the promoter and delay in construction," the UP RERA said. According to the promoter, construction and development work on Antriksh Sanskriti Phase 2, Phase 3, and Raksha Vigyaan Sanskriti Phase-2 began in 2015, with completion dates of July 2022, July 2022, and June 2023, respectively. "According to the on-site verification report of projects received by UP RERA, construction and development work has been completed up to 40% in Antriksha Sanskriti Phase-2 and up to 30% in Antriksha Sanskriti Phase-3." Surprisingly, construction and development work in Raksha Vigyaan Sanskriti Phase-2 could not begin," the UP RERA stated. "The inspection report also states that all types of construction work on the project site have been closed for many years, making the chances of project completion absolutely uncertain," it said. According to the statement, the order has also barred the project promoters from accessing the UP RERA website in relation to these projects, and they are now listed in the list of "defaulters" with a photo and name. The Authority has decided to freeze project bank accounts in order to prevent any project-related transactions. ...

Maharashtra: Temporary Closure of Registration Module for System Upgradation

Wednesday 22nd June 2022

In the matter of application registration process relating to applications submitted for registration of real estate projects as well as for real estate agents it is been hereby informed to Promoters and Real Estate Agents that MahaRERA is upgrading its IT System. MahaRERA scheduled the new application registration process to go-live on 30th of June 2022 at 12:00a.m. Submissions of applications for MahaRERA IT System registration of real estate projects as well as real estate agents shall be unavailable from 12:00a.m. of 20th June 2022 till 12:00 a.m. of 30th June 2022. During this time application registration is being modified to ensure effective scrutiny of the applications. This shall not affect applications submitted by promoters seeking extension and corrections, as the case may be, in respect of their real estate project as well as applications submitted by real estate agents for renewal of their registration. ...

MahaREAT directs Aishwarya Light Construction to pay buyers for delayed possession

Wednesday 22nd June 2022

The Maharashtra Real Estate Appellate Authority (MahaREAT) directed a developer to pay a couple interest for delayed possession from January 1, 2018, until it is actually handed over, observing that a flat buyer cannot be forced to wait indefinitely for possession of the property. The June 17 order was issued in response to Jervis and Rose Creado's appeal of the Maharashtra Real Estate Regulatory Authority's (MahaRERA) December 24, 2019, order, which directed the developer, Aishwarya Light Construction Company, to execute a registered agreement for sale but refused the couple interest or compensation under Section 18 of the Real Estate Regulation Act for delayed possession because there was no registered agreement showing any date of possession. The couple paid Rs 80 lakh for a 466-square-foot flat with an open parking space in Aishwarya Heights in Majas, Andheri. The developer issued an allotment letter in February 2017 and executed an unregistered agreement for sale to hand over possession by December 2017. The Creados filed a complaint with MahaRERA after neither the agreement nor possession had been registered. The developer was not present prior to MahaREAT. Creados' lawyer, Godfrey Pimenta, argued that there is no word "registered" in Section 18 and that interest for delayed possession cannot be denied to allottees simply because there is no registered agreement for sale. Members S S Sandhu and Shriram Jagtap stated that the record clearly shows that one of the four partners executed an unregistered agreement with the Creados, revealing December 2017 as the possession date and binding on the developer. "Aside from that, we believe that a person cannot be forced to wait indefinitely for possession of the flat allotted to him and is entitled to seek relief in the form of a refund of the amount paid by him or interest on the said amount due to delayed possession," they added. Despite the developer's failure to complete the project on time, the members noted that MahaRERA refused to grant interest on investment. "As a result, we believe that the allottees are entitled to interest on their investments beginning in January 2018," they concluded, directing interest at SBI's highest marginal cost lending rate plus 2% on the amount paid and Rs 10,000 towards litigation costs. ...

UP RERA to use provisions of civil procedure code for implementation of its orders.

Thursday 16th June 2022

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has resolved to utilise the provisions of the Civil Procedure Code (CPC) for order implementation and to delegate authority to adjudicating officers for strict enforcement. In the 94th meeting of the authority, a more effective policy for enforcement of orders made by RERA on complaints of allottes was laid forth. Section-40(1) of the RERA Act and Rule-23 of the UP RERA provide for the recovery of amounts owed to allottees by the promoter, such as arrears of land revenue. Recovery of amounts received by allottees under UP RERA orders is being collected through the concerned District Magistrates, such as arrears of land revenue, and till now in 1790 cases Rs 282 crore has been recovered and transferred to the complainant/allottees' accounts. In addition, many complaints have resulted in settlements totaling Rs 475 crore. Section-40(2) of the RERA Act and Rule-24 of the U.P. provide legal provisions for the implementation of other RERA orders, such as grant of possession to allottees and registration of allottee units. RERA Regulations. Rule-24 specifies that such orders shall be implemented by RERA in the same manner as if the order in question was a decree of the major civil court. RERA has implemented about 3000 orders out of the 5586 applications received for order implementation, accounting for approximately 54 percent of the requests received for order implementation. RERA is directed to submit the compliance report of the order within 15 days of receiving the application for implementation of the order from the complaint by sending a notice to the promoter and the concerned Bench in case of non-compliance of the order by the promoter despite RERA's notice. The process of implementation is being taken, after hearing both the sides. Normally, after the project is completed, possession is given to the complainants/buyers in accordance with RERA rules. However, in some cases the authority has noted that even after acquiring the "Occupancy Certificate", allottees are encountering problems in getting the possession. "The decision was reached to make the mechanism of implementation of such orders more resilient and effective. RERA will take action in such circumstances under the authority granted by Order 21 of the CPC (Civil Procedure Code). To carry out RERA's possession and registry orders, appropriate steps will be taken to attach the property in question, appoint a receiver, have the registry executed through the receiver, and transfer over ownership "stated the authority Former district judges who work in the NCR and Lucknow offices of U.P. RERA shall be referred and authorised to take the above action. Higher penalties will be levied for non-compliance with RERA directives against promoters who, despite project completion, are evasive in giving possession to allottees. ...

Centre to form state committees for better execution of RERA orders

Monday 13th June 2022

According to a senior official from the ministry of housing and urban affairs, a detailed note on the Centre's recent decision on the formation of the committees was sent to all ministries on Thursday. The ministry of housing and urban affairs will organise committees involving stakeholders from each state, including homebuyers, developers, and RERA officials, to investigate incidents in which real estate regulatory authorities' instructions have not been followed. The Real Estate (Regulation and Development) Act has been in effect for five years. However, noncompliance with real estate authorities' orders is a source of concern, particularly for several afflicted homebuyers. The homebuyers' forum raised the issue at the Central Advisory Council meeting. Summarized: The ministry of housing and urban affairs will organise committees involving stakeholders etc. from each state. The committees will investigate incidents in which real estate regulatory authorities' instructions have not been followed. Noncompliance with real estate authorities' orders is a source of concern for several dissatisfied homebuyers. ...

HC asks Haryana, Punjab & UT if state-developed projects can be under RERA

Monday 13th June 2022

The Punjab and Haryana High Court has urged Punjab, Haryana, and the Union Territory of Chandigarh to explain why housing developments created by state agencies/boards should not be placed within the ambit of the Real Estate Regulatory Authority (Rera). The High Court issued these rulings after noting that multiple cases have been filed by residents of these states expressing their dissatisfaction with the state authorities' failure to deliver on promises made in the development of various housing developments. As of now, only housing developments created by various private agencies in the real estate sector are required to be registered under the RERA. Summarized: Housing developments created by state agencies/boards should not be placed within the ambit of the Real Estate Regulatory Authority (Rera), HC has ruled. The ruling was in response to multiple cases filed by residents of Punjab, Haryana and Chandigarh. ...

UP RERA imposes Rs 1.05 crore penalty on nine developers

Monday 13th June 2022

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) fined 9 promoters Rs 1.05 crore for failing to comply with its order. In its 93rd meeting, the authority reviewed the promoters' compliance with its orders. The authority discovered that some of the promoters disobeyed its directions despite the authority allowing them considerable time. Summarized: The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has fined nine real estate promoters Rs 1.05 crore for failing to comply with its order. The authority discovered that some of the promoters disobeyed its directions despite being given time to do so by the authority. ...

Bengaluru: Revenue officials yet to recover Rs 250 crore compensation owed to buyers

Monday 13th June 2022

According to the Real Estate Regulatory Authority (RERA) Act, orders issued by the RERA or Adjudicating Officer must be carried out by the Revenue Department, and compensation; delay interest or deposit money must be recovered as arrears of land revenue to compensate homebuyers for their losses. However, the inefficiency of revenue officials has become a source of concern for hundreds of homebuyers, who have been forced to wait years for reimbursement. For example, RERA has referred 631 cases to the revenue department in order to recover a penalty of Rs 258 crore from 125 builders, but the revenue department has only recovered Rs 8 crore thus far, and it has yet to recoup Rs 250 crore from 614 cases. Home purchasers who used to visit builders' offices must now attend tahsildar offices to learn about the status of complaints referred by the RERA. Summarized: The inefficiency of revenue officials has become a source of concern for hundreds of homebuyers. RERA has referred 631 cases to the revenue department in order to recover a penalty of Rs 258 crore from 125 builders, but it has only recovered Rs 8 crore so far. ...

Govt to look into pleas to tweak RERA for redevelopment: Maharashtra housing minister.

Monday 13th June 2022

Jitendra Awhad, the housing minister of Maharashtra, has stated that the government will look into proposals for amendments to RERA in order to enhance redevelopment under the real estate regulatory body. "We will thoroughly investigate the matter," Awhad stated. The state government has reduced the permission of members from 70% to 51% for the redevelopment of housing societies. However, a decision on amending the Real Estate Act, 2016, to put rehabilitation of redevelopment projects totally within the purview of the Maharashtra Real Estate Regulatory Authority has yet to be made (MahaRERA). Summarized: The state of Maharashtra has reduced the permission of members from 70% to 51% for the redevelopment of housing societies. A decision on amending the Real Estate Act, 2016, to put rehabilitation of redevelopment projects totally within the purview of the Maharashtra Real Estate Regulatory Authority (MahaRERA) has yet to be made. ...

Delhi RERA to act against builders avoiding project registration

Gujarat RERA posts vacant, 150 projects in limbo

UP-RERA imposes Rs 1.4 crore fine on 13 developers for violating orders

Punjab RERA ask property platforms to register as agents

Delhi RERA registers 18 projects of Delhi Development Authority

MahaRERA plans to help kickstart Rs 78,000-crore stalled, lapsed housing project

UP-RERA de-registers three housing projects in Ghaziabad over work delay

Maharashtra: Temporary Closure of Registration Module for System Upgradation

MahaREAT directs Aishwarya Light Construction to pay buyers for delayed possession

UP RERA to use provisions of civil procedure code for implementation of its orders.

Centre to form state committees for better execution of RERA orders

HC asks Haryana, Punjab & UT if state-developed projects can be under RERA

UP RERA imposes Rs 1.05 crore penalty on nine developers

Bengaluru: Revenue officials yet to recover Rs 250 crore compensation owed to buyers

Govt to look into pleas to tweak RERA for redevelopment: Maharashtra housing minister.

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