1. Registration criteria
Every project where the area of the land propose to be developed exceeds 500 meters as the number of apartment proposes to be developed or number of apartment exceeds 8, such project shall be compulsory required to be registered by the promoter with the Real Estate Regulator Authority (RERA).
2. Application for Registration of Real Estate Project shall state
(a)That he has a legal title to the land on which the development is proposed along with legally valid documents with authentication of such title, if such land is owned by another person
(b) That the land is free from all encumbrances, or as the case may be details of the encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details
(c) The time period within which he undertakes to complete the project or phase thereof, as the case may be
3. Application for Registration of Real Estate Project shall state
(1) On receipt of the application the Authority shall within a period of thirty days.
(a) Grant registration subject to the provisions of this Act and the rules and regulations made thereunder, and provide a registration number, including a Login Id and password to the applicant for accessing the website of the Authority and to create his web page and to fill there in the details of the proposed project or
(b) Reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of this Act or the rules or regulations made thereunder:
Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter.
4. Deemed Registration
If the Authority fails to grant the registration or reject the application, as the case may be within the stipulated period of thirty days, the project shall be deemed to have been registered, and the Authority shall within a period of seven days of the expiry of the said period of thirty days, provide a registration number and a Login Id and password to the promoter for accessing the website of the Authority and to create his web page and to fill therein the details of the proposed project.
5. Validity of Registration
The registration granted under this Act shall be valid for a period declared by the promoter for completion of the project or phase there of, as the case may be.
The registration so granted may be extended by the authority due to “force majeure”
Explanation — For the purpose of this section, the expression “force majeure” shall mean a case of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project.
6. Revocation of Registration
Incase the Promoter makes any default in carrying out a project as stipulated or violates any terms or conditions of the approval or is involved in any kind of unfair practice or irregularity, such registration may be revoked.
The term “unfair practice means”,
“a practice which, for the purpose of promoting the sale or development of any real estate project adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:—
(1) The practice of making any statement, whether in writing or by visible representation which:—
(a) Falsely represents that the services are of a particular standard or grade
(b) Represents that the promoter has approval or affiliation which such promoter does not have
(c) Makes a false or misleading representation concerning the services
(2) The promoter permits the publication of any advertisement or prospectus whether in any newspaper or otherwise of services that are not intended to be offered.
(3) The promoter indulges in any fraudulent practices.
(a) On revocation of registration, the regulatory authority in consultation with the State / Central Government may take such action including carrying out on the remaining development work in the manner in which it shall be carried out. Further, the association of allottees in such case shall have the first right of refusal for carrying out the development work.
Promoter shall not advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority.
Projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act.
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