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Soumya Bajpai
| Updated: 20 Aug, 2020 | Category: RERA

How one can save the project from Rejection by RERA Authority

Save-Project-from-Rejection-by-RERA-Authority

One can avoid rejection by RERA regarding the registration of the project from the RERA Authority of a specific state. The developer and the promoter must adopt the proactive approach after complying with the provisions of RERA registration under the RERA Act, 2016. However, certain rules of different states must be complied with to avoid rejection by RERA Authority.  According to Section 5 of the RERA Act, 2016, after receiving the project registration application under section 4 of the RERA Act, 2016. The Authority must do the following:

  • The Authority must within 30 days from the receipt of the application either grant the registration or reject the application of registration.
  • The Authority can 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.
  • The application must not be rejected unless the applicant has been given an opportunity to be heard.
project from Rejectionby RERA Authority

Read our article:Guide on RERA Registration for Real Estate Agents

Avoiding Rejection by RERA Authority, these provisions need to be followed

The RERA Act, 2016, was introduced to cut the developers’ malpractices and protect the homebuyers with the Act’s provisions. However, the developers, promoters, and agents need to ensure that they follow the Act’s rules and provisions and that failure to comply with the provisions can attract penalties and rejection by RERA of the project application.

  • Section 4 of the RERA Act, 2016, clarifies that every promoter must make an application to the Authority for registration of the real estate project in such form, manner, within such time and accompanied by such fee as may be specified by the regulations made by the Authority.
  • The promoter must enclose all the following relevant documents and the application, which is described below: 
  1. A brief details of the enterprise, including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies, competent authority). The particulars of RERA registration, and the names and photographs of the promoter.
  2. A brief detail of the projects launched, in the past five years, whether already completed or being developed, including the current status of the said projects, any delay in its completion, details of cases pending, details of the type of land and payments pending.
  3. An authenticated copy of the approvals and the commencement certificate from a competent Authority obtained in accordance with the laws may be applicable for the real estate project mentioned in the application. When the project is proposed to be developed in phases, then an authenticated copy of the approvals and commencement certificate from the competent Authority for each of such phrases.
  4. The competent Authority sanctions the sanctioned plan, layout plan, specifications of the proposed project or the phase thereof, and the whole project
  5. The type, number, and the carpet area of apartments for sale in the project and the area details of the exclusive balcony or verandah areas and the exclusive open terrace areas apartment with the apartment.

Circumstances when Registration Application of the project gets rejected by RERA Authority

  • According to the Section 3 (1) of the RERA Act, 2016, if any promoter advertises, 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, without registering the project with the RERA Authority of that state. In these discrepancies arises, the project application can be get rejected prima facie. 
  • According to Section 4 (2) of the RERA Act, 2016, the promoter has to attach various documents while filing the application of the project with the RERA Authority, some of them are:
  1. The authenticated copy of the approvals and commencement certificate from the competent Authority obtained in accordance with the laws may be applicable for the real estate project mentioned in the application. 
  2. The performa of the allotment letter, agreement for sale, and the conveyance deed proposed to be signed with the allottees.
  3. The planning area and the specifications of the proposed project or the phase thereof and the whole project as sanctioned by the competent Authority.
  • According to Section 5 (1) of the RERA Act, 2016, the Authority has been provided with 30 days of time to grant the project registration. However, according to Section 5 (2) of the RERA Act, 2016, in case it fails to do so can attract deem registration of the project.  The Authority must, within a period of 7 days after the expiry of 30 days, provide a registration number and a login id and a password to the promoter for accessing the website of the Authority and create his web page and to fill the details of the proposed project. 

Conclusion

The compliance must be followed under the RERA Act, 2016[1]. If it has not been done properly, some of the queries can be asked by the officers.  In case the queries have not been cleared by the developer or the promoter, then the application for the registration of the project can get canceled. The Rejection by RERA authority can also trouble the allottee in the project. At Corpbiz, we help our clients with registrations without any problem and unnecessary effort.

Read our article:All You Need To Know About RERA Registration Process

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Soumya Bajpai

Soumya has done LLB (Hons) and has a 2+years experience in writing. Her main interest is in reading judgments, new enactments and amendments taking around in law. She always strives to bring the best to work that she does.

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