The government of India has enacted the RERA Act of 2016. The sections of the Act were enforced with effect from 1st May 2017. The government notified the Bihar Real Estate (Regulation & Development) Rules 2017 (Including Agreement for Sale Rules) of Bihar on 28th April 2017. The Real Estate Regulatory Authority (RERA Bihar) will provide the platform for RERA Registration of a Real Estate Project with Promoter details and a Real Estate Agent. Apart from this, it can receive the complaints related to various stakeholders as given under the Act mentioned above and the rules.
Components of RERA Bihar
Real Estate Regulatory Authority and Appellate Tribunal
The government of Bihar has an appropriate government under the Act for the State of Bihar in Section 2 clause (g) of the Act. Exercising power conferred by the third proviso to sub-section (1) of section 20 and first proviso to subsection (4) of section 43 of the Act[1], The Government of Bihar has designated with the Principal Secretary, Urban Development & Housing Department, Government of Bihar as a Regulatory Authority and The Bihar Land Tribunal, as an Appellate Tribunal respectively.
The Appellate Tribunal shall hear an appeal from the decisions, directions, and orders of a Real Estate Regulatory Authority. If any person is aggrieved by the direction or order or decision made by the Authority or by an adjudicating officer can file an appeal before the Appellate Tribunal.
Read our article:All You Need To Know About RERA Registration Process
Requirements of RERA Bihar Real Estate Projects Registration
All commercial and the residential real estate projects will have to register except the projects where
- An area of land proposed to be developed which does not exceed 500 sq m.
- A number of the apartments proposed to be developed, which does not exceed 8 units inclusive of all phases.
- The Promoter has received the completion certificate for a real estate project before the commencement of the Act.
- In case of the repair or renovation or re-development, and does not involve marketing, selling, advertising, or new allotment of a plot, apartment, or building under a real estate project.
- The Promoter of ongoing real estate projects, in which all buildings as per sanctioned plan have not received a Completion Certificate, must require to be registered for such phase of a project, which consists of buildings not having an occupation or completion certificate.
If the Promoter fails to register as per Act, he must be liable to a penalty that may extend up to 10% percent of the estimated cost of a real estate project. If violation continued, he must be liable for an imprisonment of a term which can be extended up to 3 years or with the fine which can be extended up to further 10% percent of the estimated cost of a real estate project, or with both, as mentioned in Rule 35 of Bihar Real Estate (Regulation and Development) Rules 2017. Apart from RERA Registration, the promoters shall be required to provide quarterly updates on the project’s status to the Authority.
RERA Bihar Agents Registration
- All the Real Estate Agents have to register under the RERA Act. No real estate agent must facilitate a sale or purchase on behalf of any other person to facilitate a sale or purchase of the plot, apartment, or building, in the real estate project without obtaining RERA registration under the section.
- Suppose any real estate agent fails to register. In that case, he must be liable to a penalty of Rs 1000, for every day during which such default continues, which can cumulatively extend up to 5% percent of the cost of the plot, apartment, or buildings of the real estate project.
Complaints made in RERA Bihar
- Any aggrieved person can file a RERA complaint with the Bihar RERA or with an adjudicating officer with respect to the registered real estate project. Complaints can be filed for any violation or contravention of the Act’s provisions or the rules and regulations made thereunder.
- Any person aggrieved by the decision or direction or order made by the Bihar RERA or by an adjudicating officer can file an appeal before the Appellate Tribunal.
- Any person aggrieved by the Appellate Tribunal’s decision or order may file an appeal to the High Court.
Process of filing complaint in RERA Bihar
Step1: Go to a complaint registration on the RERA Bihar portal through the website (https://rera.bihar.gov.in/) and select the option of complaining before RERA or before an adjudicating authority.
Step 2: The form can be filled online with all the details required to be furnished in the column of complaint against and also require mentioning that a project is registered in RERA Bihar or not.
Step 3: Details of a complainant, the address, and Contact details are the mandatory fields that need to be properly filled.
Step 4: Fill details of a respondent, address, and other details of the complaint mentioning about the relief sought from RERA therein.
Step 5: After attaching the supporting documents, one has to make an online payment or bank draft of Rs. 1000/- and then declare and verify the consent by clicking on the submit button.
Step 6: Retain the complaint reference number for future use.
Conclusion
The real estate sector has its growth in recent years but has largely been unregulated from consumer protection. The RERA consulting team of CorpBiz is very versatile and experienced. We have in-depth and practical experience in dealing with various issues and RERA litigation before different RERA authority.
Read our article:Guide on RERA Registration for Real Estate Agents
