According to section 11(1) of the RERA Act, 2016, promoter has to submit a quarterly update to the Authority at the end of each quarter. As per the data available with the APRERA Authority, it is observed that some of the promoters are not submitting a quarterly update to the Authority within the given stipulated time under the Act and Rules. It is also clearly mentioned that any promoter contravenes the provisions of the Act and must be liable to pay the penalty up to the 5% estimated cost of a project, according to section 61 of the RERA Act, 2016.
The Authority in supersession of the penalty provisions as mentioned in as follows:
- The promoter who has failed to submit a previous Quarterly update (i.e. 01 July 2019 to 30 September 2019) has now to provide a penalty of the 150% of the registration fee paid by them at the time of registration of the project.
- APRERA Authority has decided to give 15 days, i.e., 01 January 2020 till 15 January 2020, to all the promoters to prepare for a present Quarter (i.e., 01 October 2019 to 31 December 2019) & the same shall be uploaded from 16 January 2020 till 22 January 2020. The below table indicates the penalty to be levied on the promoter who fails to submit the quarterly update on time for the present Quarter (i.e., 01-10-2019 to 31-12-2019).
| Submission Window | Applicable Penalty |
| 01 January 2020 to 22 January 2020 | Nil |
| 23 January 2020 to 10 February 2020 | 50% of as registration fee as paid by a promoter at the time of registration of the project. |
| 11 February 2020 to 29 February 2020 | 100% of as registration fee as paid by a promoter at the time of registration of the project. |
Read our article:Guide on RERA Registration for Real Estate Agents
APRERA imposition of late fee in Addition to actual fee prescribed by the Government
According to RERA provisions of section 3 of the Act, all the Real estate projects from 01 May 017, including ongoing projects which are to the extent of more than 500 sq.mts and more than 8 units, have to be registered with the Authority. The Government of AP has fixed the rates of fees to be collected for the RERA registration of the Real Estate Projects and Real Estate Agents.
As per the provisions under section 59(1) of the RERA Act, 2016[1], if any promoter contravenes the provision of section 3, he must be liable to a penalty which can be extended up to the 10% of the estimated cost of a Real estate project as determined by the Authority.
For the projects which have got approval by the competent authorities from 01.01.2017 to 15.04.2019 in addition to the late fee prescribed as follows:
- If the promoter files online application after 01 September 2019 and on an before 31 October 2019, they have to pay the actual fee as per the government order +150% extra of the registration fee as a late fee.
- If the promoter files online application after 01 November 2019 and on an before 31 December 2019, they have to pay the actual fee as per the government order +200% extra of the registration fee as a late fee.
For the projects which have got approval after 15 April the following fee and late fee will be levied as follows:
- All promoters have to file online applications within 45 days from the date of approval of building or layout plans. If they apply for registration within 45 days, the fee will be levied as per the schedule of rates approved by the government order.
- If any promoter files online applications after 45 days and before 75 days after approval of the plan, they have to pay the actual fee as per the govt order +25 % extra of the registration fee as late fee.
- If any promoter files online applications after 75 days and before 105 days after approval of the plan, they have to pay the actual fee as per the govt order +50 % extra of the registration fee as late fee.
- If any promoter files online applications after 105 days and before 135 days after approval of the plan, they have to pay the actual fee as per the govt order +100 % extra of the registration fee as late fee.
- If any promoter files online applications after 135 days and before 195 days after approval of the plan, they have to pay the actual fee as per the govt order +150 % extra of the registration fee as late fee.
- If any promoter files online applications after 195 days and before 255 days after approval of the plan, they have to pay the actual fee as per the govt order +200 % extra of the registration fee as late fee.
Important updates by APRERA
| S. No | Document Name | Date | Important Aspect Covered |
| 1 | The Quarter Update – Dec 2019 | The last date for submission of a quarterly update for the present quarter (Dec 2019) is extended till 22 January 2020 without penalty. | |
| 2 | Circular No P/1082/2019-2 17-12-2019 | 17 December 2019 | Penalty for the Delay in filing Sep 2019 Quarter Update A penalty of the 150% of the registration fee paid at the time of registration of the project |
| 3 | Circular No P/2/2017-3 | 01 January 2020 | Promoters to register the project before 15-01-2020 in accordance with the guidelines issued in circular date: 11-09-2019 This extension is final. |
Conclusion
In case any promoter who has not submitted his registration application to register their project in APRERA before 31 December 2019 after 255 days from the date of approval of building or layout plan stringent action as per section 59(1) of the Act will be taken against the said promoter. He will be liable for a penalty, which must be up to 10% of the estimated cost of a Real Estate Project as determined by the Authority.
Read our article:Comprehensive Guide on RERA Registration for Promoters
