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Which projects are exempted from RERA registration

Saturday, December 30, 2017
By Ramesh S. Prabhu

Q.Can a Co-operative Housing society who has entered in DA with a builder get registered by making an application under Real Estate (Regulation and Development) Act, 2016 (RERA). If builder is not registering the project after taking over the possession of the property, what can members and society do? It's a project having more than 8 flats for sale component.
A.
As per section 3 of the Act, the promoters are required to register the project with RERA, before offering any apartments for sale and registration. It may be done only after obtaining necessary sanctions i.e (at least IOD). The society will not be able to register with RERA, as the society is not going to sell a single flat.It is the promoter / developer who will be entering into sale agreement, receive consideration from purchasers, etc. So only developer has to register with RERA. If the developer has started to market project without RERA registration, members of the society or any person may complain to RERA who shall take necessary action against such developer including levy of penalty up to 10% of cost of the project as determined by the Authority.

Q.Our project got OC up to 3rd floor in 2004. Later on, 2 more floors were built by buying TDR against FSI in 2012. Everything was made according to norms but some of the occupants went ahead and took fire escape inside. Because of that OC was denied but not in writing. Do we have to register under RERA? What steps should be taken to get OC?
A.
Since there is no OC in your project for 4th and 5th floor built by using TDR as on the commencement of the Act, (that is 1st May 2017) that phase need to be registered with the advent of RERA with effect from 1st May 2017. The phase which do not have OC need to register with RERA authorities. The reasons behind denying OC should be rectified by appointing an Architect/ Licensed Surveyor and then after such rectification you should apply for OC through an Architect/ Licensed Surveyor.

If It is not registered before 31st July 2017, if some flat owners complain it RERA, you will be receiving a show cause notice and may levy you the penalty up to 10% of cost of project as determined by the authority.

Q.Builder has given Allotment letter way back in 1999. The building is ready with OC since about 10 years. But, agreement for Sale is not yet executed till day neither Possession given to buyers ( About 30 of them) Entire payment was made to Developer as per Allotment letters. Matter went to High Court, Consumer Court, Criminal court & orders were passed by Courts to hand over possession & Agreement for sale. Main reasons for not giving possession & Agreement for Sale is Developers ( Partners) fighting among themselves and there is some TDR which can be loaded on the said plot and a building can easily come up on the same.
Is RERA applicable to the Developer?
1) Since NO Agreement for Sale
2) NO Possession
3) Only OC in place
4) Unsold inventory of about 70% in the building
A.
Since Occupation certificate is received prior to 1st May 2017 and according to definition given for completion certificate includes OC or any other name which allows builders to hand over the possession, this case does not fall under RERA.

Q.Which projects need not be registered with the RERA authority or are exempted from registration?
A.
As per section 3(2) of the Act, no registration of the real estate project shall be required—
(c) where the area of land proposed to be developed does not exceed five hundred square meters inclusive of all phases or
(d) the number of apartments proposed to be developed does not exceed eight inclusive of all phases:

First proviso to section 3(2) of the Act, provides that, if the appropriate Government considers it necessary, it may, reduce the threshold below five hundred square meters or eight apartments, as the case may be, inclusive of all phases, for exemption from registration under this Act Maharashtra government has not issued any notification to reduce the number of units or lesser area for registration of the real estate projects.

(c) where the promoter has received completion certificate for a real estate project prior to commencement of this Act.

(g) for the purpose of renovation or repair or re-development which does not involve marketing, advertising selling or new allotment of any apartment, plot or building, as the case may be, under the real estate project.

(Ramesh S. Prabhu is Chairman, Maharashtra Societies Welfare Association)

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