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Companies Act, 2013 (India)

The RERA Act makes it mandatory to register a project with RERA for any residential or commercial real estate project where the land area is over 500 square meters

RERA Registration is a legal requirement for developers and real estate agents involved in the residential real estate sector in India. Established under the Real Estate (Regulation and Development) Act, 2016, RERA aims to promote transparency, accountability, and efficiency in the real estate market.

The Real Estate Regulatory Authority (RERA) was established under the Real Estate (Regulation and Development) Act, 2016, to regulate the real estate sector in India. The main objective of RERA is to promote transparency, accountability, and efficiency in real estate transactions while ensuring that the rights of homebuyers are protected.

Transparency in Real Estate Transactions

RERA mandates developers to provide clear and accurate information about their projects, including timelines, legal approvals, financial details, and project plans. This ensures buyers make well-informed decisions and reduces the chances of misinformation.

Consumer Protection

Buyers are protected from fraudulent practices as RERA holds developers accountable for delivering projects on time and as per agreed specifications. If there are delays or discrepancies, buyers can seek legal recourse or compensation through RERA.

Timely Project Delivery

Developers are bound by RERA to deliver properties within the promised timelines. Delays in possession are penalized, ensuring that projects are completed on time and reducing the risk of prolonged waiting for buyers.

Reduced Fraudulent Practices

RERA registration helps eliminate unqualified builders and unscrupulous agents from the market. All real estate agents and developers must be registered and comply with RERA norms, ensuring fair practices in transactions.

Dispute Resolution Mechanism

RERA provides a structured platform for resolving disputes between buyers and developers quickly and effectively. This reduces the burden on traditional courts and offers an efficient means of addressing issues.

Legal Framework and Accountability

RERA ensures that developers and agents adhere to legal standards. If they violate any terms or fail to deliver as promised, they face penalties, including fines or project cancellations, which adds an extra layer of security for consumers.

Eligibility Criteria for Real Estate Regulatory Authority (RERA) Registration

For Developers/Builders
  • Legal Entity: The developer or builder must be a legal entity, such as a private limited company, partnership firm, or sole proprietorship.
  • Ownership of Land/Project: The developer must have clear legal ownership or title to the land on which the project is being developed, or a legally valid agreement (e.g., joint venture or development agreement) for the project.

  • Approval from Relevant Authorities: The developer must have obtained necessary approvals and clearances from local authorities (like municipal corporations, urban development authorities, etc.) for the project. This includes environmental clearances, land-use permissions, and building approvals.
  • Project Registration: Developers must register each project with RERA before advertising or selling any property. The registration will include details about the project, such as its size, status, timeline, and compliance with fire, safety, and environmental regulations.
  • Completion Timeline: Developers must provide a clear timeline for project completion, including possession dates. They must adhere to these timelines, and any delays could result in penalties.

For Real Estate Agents:
  • Legal Entity or Individual: The real estate agent can either be a registered individual or a business entity, such as a sole proprietorship or a partnership firm.
  • Minimum Qualification: In some states, agents are required to have a certain minimum qualification, such as a certification in real estate practice or experience in the field. Some states may also require them to pass a competency test to register under RERA.
  • Experience and Background Check: Agents must have a clean background and may need to provide documentation of their work experience in real estate transactions to ensure their reliability and competence in the field.
  • Valid Business Registration: Real estate agents must have a valid business registration (if applicable) and must adhere to all local business licensing requirements.
For Both Developers and Agents:
  • Application Process: Both developers and agents need to complete the RERA registration application and submit all necessary documents. This can typically be done online through the state-specific RERA portal.
  • Fee Payment: A registration fee, which varies by state and type of registration, must be paid as part of the application process.

 

 

Checklist for Real Estate Regulatory Authority (RERA) Registration

Checklist for Developers/Builders

  • Legal Entity Documents: Certificate of Incorporation (for companies) or Partnership Deed (for partnership firms).
  • Land Ownership Proof: Title deed or ownership documents for the land.

  • Project Details: Building plans and approvals from local authorities.

Checklist for Real Estate Agents

  • Personal Documents: PAN card and Aadhar card of the real estate agent or authorized representative.
  • Business Registration: Business registration certificate (for firms or companies).

  • Qualification/Experience: Real estate certification (if applicable).

Checklist for Both Developers and Agents

  • Identification Proof: Aadhar card, PAN card, and photographs for both individuals and businesses.
  • Project or Business Information: Detailed project information for developers (e.g., size, location, approvals).
  • RERA Registration Form: Fully filled registration form along with supporting documents.

Necessary Documents for Real Estate Regulatory Authority (RERA) Registration

For Developers/Builders
  • Legal Entity Documents
  • Land Ownership Proof

  • Project Details

  • Approvals and Clearances
  • Architectural and Engineering Certificates
  • RERA Application Form

  • Payment of Fees

For Real Estate Agents:
  • Personal Identification Documents
  • Business Registration (If Applicable)

  • Qualification/Experience Proof

  • RERA Application Form

  • Payment of Fees

 

Types of Real Estate Regulatory Authority (RERA) Registration

These three types of RERA registrations help regulate the real estate sector, ensuring transparency, accountability, and protection for both buyers and real estate professionals.

 

Developer/Builder Registration

This registration is for developers or builders who are launching a real estate project. It ensures that the developer adheres to RERA regulations regarding project transparency, timely delivery, and customer protection.

Real Estate Agent Registration

This registration is for real estate agents who facilitate the buying, selling, or renting of properties. It ensures that agents adhere to ethical practices and maintain transparency in their transactions.

Project Registration:

This registration applies specifically to individual real estate projects being developed by builders or developers. It is a mandatory step before a builder can start advertising or selling properties within that project.

Characteristics of Real Estate Regulatory Authority (RERA) Registration

  • Transparency: RERA registration ensures that developers and real estate agents provide accurate, detailed, and up-to-date information about projects, including legal approvals, timelines, and amenities. This promotes transparency and reduces misleading or false claims in the market.
  • Consumer Protection: It safeguards homebuyers by holding developers accountable for project delivery within promised timelines and as per the agreed specifications. If delays or discrepancies occur, buyers can file complaints and seek compensation or legal action through RERA.

  • Timely Project Delivery: Developers must adhere to strict timelines for project completion and possession dates. Delays can result in penalties, ensuring that builders are held responsible for timely delivery.
  • Standardized Documentation: RERA mandates a standardized approach for project registration and documentation, including detailed project layouts, land titles, safety clearances, and financial disclosures, making it easier for buyers to evaluate properties.
  • Legal Accountability: RERA provides a legal framework for resolving disputes between developers and buyers. It ensures that developers and agents are legally bound by the terms of the agreement, with penalties for non-compliance or fraudulent practices.

  • Improved Market Credibility: Being RERA-registered enhances the reputation and credibility of developers and real estate agents. It reassures customers that they are dealing with professionals who follow industry norms and regulations.

 

To Register for Real Estate Regulatory Authority (RERA) Registration, follow these steps

step
For Developers/Builders
  • Visit the RERA Portal: Go to the official RERA website of your respective state or the central RERA portal to access the registration application.
  • Fill Out Application Form: Complete the online application form with all necessary details, such as project information, land ownership proof, approvals, and timelines.
  • Upload Required Documents: Upload scanned copies of documents like land title deed, environmental clearance, building approvals, project plans, and other necessary clearances.
  • Pay Registration Fees: Pay the prescribed registration fee through the online payment system.
  • Submit Application: Review the application and submit it electronically through the portal.
  • Receive Registration Certificate: Upon successful verification of documents and payment, the developer will receive a RERA registration certificate.
For Real Estate Agents
  • Visit the RERA Portal: Register through the official state RERA portal for real estate agents.
  • Fill Out Application Form: Provide personal and business details, including contact information, qualifications, experience, and business registration.
  • Upload Required Documents: Attach scanned copies of ID proofs (Aadhar card, PAN card), business registration certificates, and any required certifications or qualifications.
  • Pay Registration Fees: Make the necessary payment as per the state RERA regulations.
  • Submit Application: Verify and submit the registration application online.
  • Receive Registration Certificate: After verification, the agent will be issued a RERA registration certificate.

 

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