{"id":14956,"date":"2020-08-18T14:36:46","date_gmt":"2020-08-18T09:06:46","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=14956"},"modified":"2020-10-03T16:40:35","modified_gmt":"2020-10-03T11:10:35","slug":"planning-area-in-rera","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/planning-area-in-rera\/","title":{"rendered":"What is the Planning area in RERA?"},"content":{"rendered":"\n<p class=\"has-drop-cap\">The applicability of the RERA Act depends on the factors,\none of which is the planning area; one must know the concept of <strong><em>planning\narea<\/em><\/strong> as per the RERA Act, 2016. The real estate projects which are\nongoing on the date of commencement of the RERA Act and the completion\ncertificate have not been issued. The promoter must make an application to the\nAuthority for registration of the said project within a period of <strong><em>3\nmonths<\/em><\/strong> from the date of commencement of this Act.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What is the Planning Area in RERA?<\/h2>\n\n\n\n<p>According to Section 2 (zh) of the <strong><em>RERA Act<\/em><\/strong><sup><a href=\"https:\/\/en.wikipedia.org\/wiki\/Real_Estate_(Regulation_and_Development)_Act,_2016\"><strong><em>[1]<\/em><\/strong><\/a><\/sup>, the <strong>&#8220;planning area&#8221; <\/strong>means a planning area or a development area or a local planning area or a regional development plan area or any other area specified as such by the appropriate Government or any competent authority. It includes any area designated by the appropriate Government or the competent authority to be a planning area for future planned development under the law relating to Town and Country Planning for the time being in force and as revised from time to time.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/guide-on-rera-registration-for-real-estate-agents\/\">Guide on RERA Registration for Real Estate Agents<\/a><\/mark><\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Prior Registration mentions the Planning Area of Real Estate project<\/h3>\n\n\n\n<p>A promoter must not advertise, market, book, sell or offer\nfor sale, or invite persons to purchase in any manner any plot, apartment or\nbuilding, in any real estate project or part of it, in any planning area,\nwithout registering the real estate project with the Real Estate Regulatory\nAuthority established.<\/p>\n\n\n\n<p>The Authority, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority may, by order, direct the promoter of such project to register with the Authority. They must apply to such projects from that stage of registration, where the real estate project is to be developed in phases. The promoter shall obtain <a href=\"https:\/\/corpbiz.io\/rera-registration\"><strong>RERA registration<\/strong><\/a> under this Act for each phase separately.<\/p>\n\n\n\n<p><strong><em>The other duties of the real estate agent are as follows:<\/em><\/strong><\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter\"><img decoding=\"async\" width=\"704\" height=\"497\" src=\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/08\/image-70.png\" alt=\"real estate agent\" class=\"wp-image-14959\" srcset=\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/08\/image-70.png 704w, https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/08\/image-70-300x212.png 300w\" sizes=\"(max-width: 704px) 100vw, 704px\" \/><\/figure><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Related Provisions Regarding Planning Area<\/h2>\n\n\n\n<p><strong><em>Regarding the Act&#8217;s ambit, there is no distinction between an ongoing\nproject and a future project, i.e., both ongoing and incomplete projects and\nthe future projects are covered under the Act. <\/em><\/strong><\/p>\n\n\n\n<ul><li><strong>Section 3(1)<em>first proviso<\/em><\/strong> provides that the promoters of all ongoing projects which have not received completion certificate will need to register their project with the Regulator Authority within 3 months of its commencement. <strong>Section 3(1)<\/strong> also provides that all projects within a &#8216;planning area&#8217; will require to be registered with the Authority. However, <strong>section 3(1) <em>second proviso<\/em><\/strong> gives the powers to an Authority &#8216;in the interest of allottees\u2019 to order or direct the promoter to register projects beyond the planning area, which has the local&#8217;s requisite permission authority.<\/li><\/ul>\n\n\n\n<ul><li>According to <strong>section 3(2)<\/strong>, the following projects do not require to be registered under the Act:<\/li><\/ul>\n\n\n\n<ol><li>where an area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight, inclusive of all phases<\/li><li>where a promoter has received completion certificate for a real estate project prior to commencement of this Act<\/li><li>for the purpose of the renovation or repair or re-development, which does not involve marketing, advertising selling, or new allotment of any apartment, plot, or building, under the real estate project.<\/li><\/ol>\n\n\n\n<ul><li><strong>Section 4<\/strong>\nof the Act provides all details and information and undertaking to be provided\nby a promoter to an Authority for registration of the project. The mechanism\nfor the registration i.e., the requisite forms to be filled, the fees to be\npaid, etc. are to be determined by the Rules made by an appropriate Government.<\/li><\/ul>\n\n\n\n<p>In addition, the promoter is required to\nappend additional documents as specified in the Rules. If an application for\nthe registration of the project is not complete as required under the Act, the\nAuthority can grant an opportunity to the promoter to complete the application\nin all respects. However, in case of the non-compliance, the Authority has the\npower to reject the application, only after giving an opportunity to the\npromoter of being heard.<\/p>\n\n\n\n<ul><li>According to <strong>section 4,<\/strong> the validity of the registration granted to a project\nmust be for the period declared by the promoter under <strong>section 4(2)(l)(C),<\/strong> at the time of making the application for\nregistration, within which he would complete the project.<\/li><\/ul>\n\n\n\n<ul><li><strong>Section 4(2)(l)(D)<\/strong> provides that the promoter shall maintain a \u2018separate account\u2019 for every project undertaken by him wherein seventy percent of the money received from the allottees shall be deposited for the purposes of construction and land cost. The account has to be self-maintained and not an escrow account requiring the Authority&#8217;s approval for withdrawal.<\/li><\/ul>\n\n\n\n<ul><li><strong>Section 5<\/strong>\nof the Act provides that the Authority has to decide on the application within\n30 days of its receipt. It further provides that in case the Authority fails to\nmake a decision within a period of <strong>30\ndays<\/strong>, the project shall be deemed to be registered.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">Conclusion<\/h2>\n\n\n\n<p>Without obtaining RERA registration, the real estate agent must not facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building in a real estate project or part of it, being the part of the real estate project registered, being sold by the promoter in any planning area. Our team at <a href=\"https:\/\/corpbiz.io\/\"><strong>Corpbiz<\/strong><\/a>, help our clients in obtaining licenses without any problem and unnecessary effort.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/online-rera-registration-process-for-builders\/\">All You Need To Know About RERA Registration Process<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The applicability of the RERA Act depends on the factors, one of which is the planning area; one must know the concept of planning area as per the RERA Act, 2016. The real estate projects which are ongoing on the date of commencement of the RERA Act and the completion certificate have not been issued. [&hellip;]<\/p>\n","protected":false},"author":10,"featured_media":14958,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[182],"tags":[889],"acf":{"service_id":"102"},"authorName":"Soumya Bajpai","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/01\/0.jpg","authorDescription":"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.","postViews":10664,"readingTime":4,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/14956"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=14956"}],"version-history":[{"count":6,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/14956\/revisions"}],"predecessor-version":[{"id":17323,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/14956\/revisions\/17323"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/14958"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=14956"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=14956"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=14956"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}