- A person who constructs any\nindependent building or a building consisting of apartments, or converts an\nexisting building into apartments, to sell all or allot the apartments to any\nother persons and includes his assignees.<\/li>
- A person who develops land into\nthe project, whether or not the person also constructs structures on any of the\nplots, to sell it to other persons, whether with or without structures.<\/li>
- Any development authority or\nother public body in respect of allottees who builds or constructs which is\nowned by them or placed at their disposal by the Government.<\/li>
- Any such authority that owns\nthe plots or placed at their disposal by the Government for selling purposes of\nthe plots or apartments.<\/li>
- A State-level co-operative\nhousing finance society and a primary co-operative housing society that\nconstructs buildings or apartments for its members or in respect of the\nallottees.<\/li>
- Any person who acts as a\nbuilder, contractor, developer, estate developer, or claims to be the holder of\nthe power of attorney from a landowner on which the apartment or building is\nconstructed, or any plot is developed for the purpose of sale.<\/li>
- Any person who constructs any building or apartment for sale to the general public. <\/li><\/ul>\n\n\n\n
Functions and Duties of the Promoter<\/h2>\n\n\n\n
![\"Functions](\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/07\/image-40.png\")
<\/figure><\/div>\n\n\n\nCreate Website<\/h3>\n\n\n\n
Section 11(1) provides that a promoter\nshall create his webpage on the Website of the Authority and enter all the\ndetails of the proposed project for public view, that includes:<\/p>\n\n\n\n
- Details of the registration granted by an Authority<\/li>
- Quarterly up to date the list of number and type of apartments or plots booked<\/li>
- Quarterly up to date the list of approvals taken and also approvals which are pending subsequent to commencement certificate<\/li>
- Such other information and documents as specified by the regulations made by the authority.<\/li><\/ul>\n\n\n\n
Read our article<\/b>:Everything You Need to Know Regarding the RERA<\/a><\/mark><\/p>\n\n\n\n
Advertisements<\/h3>\n\n\n\n
Section 11(2) provides that the\nadvertisements or prospectus issued or published by the promoter shall mention\nthe website address of an Authority.<\/p>\n\n\n\n
Information to Allottees<\/h3>\n\n\n\n
Section 11(3) provides that a promoter at\nthe time of booking and issue of allotment letter must be responsible for\nmaking available to the allottee the following information:<\/p>\n\n\n\n
- Sanctioned plans, layout plans,\nand other along with specifications, approved by a competent authority, by a\ndisplay at the site or any other place as specified by the regulations made by\nan authority. <\/li>
- The stage-wise time schedule of\nthe completion of the project includes the provisions for civil infrastructure\nlike water, electricity, and sanitation. <\/li><\/ul>\n\n\n\n
Responsibility of Promoter<\/h3>\n\n\n\n
RERA registration for promoters is mandatory. Section 11(4) provides that a promoter must be responsible- <\/p>\n\n\n\n
- He has all the obligations,\nresponsibilities, and functions under the Act or rules or regulations. His\nresponsibility is for the allottees as per an agreement for sale or to the\nassociation of allottees till the conveyance of the apartments, buildings or\nplots to the allottees.<\/li>
- To obtain the occupancy\ncertificate and the completion certificate from a competent authority and make\nit available to the allottees individually or to an association of allottees. <\/li>
- To obtain a lease certificate\nspecifying the period to lease and certify all charges and dues in regard to\nthe leasehold, which has been paid and to make the lease certificate for an\nassociation of allottees. <\/li>
- For providing and maintaining\nall the essential services, on reasonable charges, until the making over the\nmaintenance of a project by the association of allottees.<\/li>
- Enable the formation of\nassociation or society or co-operative society of the allottees or a federation\nof the same under the applicable laws<\/li>
- To execute the registered\nconveyance deed of apartment, plot, or building in favor of the allottee along\nwith the undivided proportionate title in common areas to the association of\nallottees or competent authority.<\/li>
- To pay the outgoings until he\ntransfers the physical possession of the real estate project to the allottee, including\nland cost, ground rent, municipal or other taxes, etc.<\/li>
- After executing an agreement\nfor sale for any apartment etc. not to mortgage or create on such apartment,\nbuilding or plot, even if a mortgage is done it must be ensured that it will\nnot affect the rights and interest of allottee<\/li><\/ul>\n\n\n\n
Accepting deposits <\/h3>\n\n\n\n
Section 13(1) provides that the promoter\nmust not accept the sum of more than 10% of the cost of the apartment,\nbuilding, or plot as an advance payment. He must also not take an application\nfee from a person without first entering into the written agreement for sale or\nregister the said agreement for sale under any law for the time being in force.<\/p>\n\n\n\n
Agreement <\/h3>\n\n\n\n
Section 13(2) provides that an agreement\nfor sale must be in such form as prescribed. It must also specify the\nparticulars of development of the project along with the specifications and\ninternal development works and external development works. <\/p>\n\n\n\n
Adherence <\/h3>\n\n\n\n
Section 14 provides that the project must\nbe developed and completed in accordance with the sanctioned plans, layout\nplans, and other specifications as approved by a competent authority.<\/p>\n\n\n\n
Conclusion<\/h2>\n\n\n\n
Promoters under RERA are tasked with various responsibilities under the RERA Act. All promoters who undertake the project with over 8 units or 500 square meters of development are required to get RERA registration<\/strong><\/a> done and fall under the ambit of RERA regulations.<\/p>\n\n\n\n