When the RERA Act was introduced in 2016, it made it mandatory for all the states and Union Territories in India to set up an authority that will regulate the real estate sector of the state. And that’s why and how RERA Puducherry was established in the Union Territory.
Not only does this authority govern the real estate industry, but it also resolves disputes in the fastest way possible.
To know more about RERA in Puducherry, such as how a real agent can register with it, how promoters can register their projects, how to file complaints, etc., continue reading until the end!
Overview of RERA Puducherry
Rules of RERA Puducherry were notified on 31st October 2016 and are in accordance with the Central Act. Fees for RERA registration for Real Estate Agents and Promoters were already mentioned in the notified rules.
Just like any other state RERA, the RERA rules in Puducherry are also applicable to all the ongoing, newly launched, and upcoming projects. The Ministry of Housing and Urban Poverty Alleviation (an agency of the Indian Government) is liable for governing RERA in all Union Territories of the country.
With the introduction of RERA rules in the Union Territory, a huge surge in real estate investments have been witnessed. Besides, the crimes such as real estate fraud and scams where agents and builders would run away with money have been reduced to a great extent. In fact, people are now buying homes, flats, apartments, offices, etc., without any fear of getting caught in a scam. So, we can say that the RERA Act has truly been a game-changer for the real estate sector.
So, if you are a promoter or a real estate agent, you must get your project and yourself registered with RERA.
How? Let’s find out!
How to Register a Project with RERA Puducherry – Step by Step
If you are a promoter, then follow the below-mentioned steps to register your project with RERA Puducherry:
Step 1: The promoter must file a “Form A” application for the registration of his project with Puducherry RERA along with project name, address, etc., with required documents as mentioned in the next section.
Step 2: After submitting all the documents, the promoter needs to pay the required registration fees depending on the type of project. The payment can be made either online or through a banker’s cheque or a demand draft with the scheduled bank.
Step 3: The promoter must enclose a declaration under clause (1) of sub-section (2) of Section 4 of the RERA Act in Form ‘B’. The declaration must state that the promoter won’t discriminate against any allottee during the allotment of the apartment, flat, plot, or building.
Step 4: The authority will go through the application and all the documents. It will verify all the documents thoroughly. If they are not satisfied, the authority can ask for some additional documents.
Step 5: If the authority is satisfied, it will grant the registration certificate through Form ‘C’. However, if the authority isn’t satisfied with the application, it will reject the registration request and inform the applicant through Form ‘D’.
Step 6: The authority will provide a time limit to the applicant to rectify its mistake and send the application within the stipulated time period. If the mistakes are rectified adequately, the promoter will receive the RERA Registration certificate.
Documents Required for the Registration of Project
A promoter must submit the following documents to the authority to get the project registered with RERA Puducherry:
- Authenticated copy of the Aadhaar card of the promoter.
- Copy of the promoter’s PAN Card.
- Annual report with audited profit and loss account, cash flow statement, balance sheet, the Auditor’s report of the promoter for the last three years, and the Directors’ report.
- In case there is no annual report, send the audited balance sheet, profit and loss account, the Auditor’s report of the promoter for the last three years, and the Directors’ report.
- Particulars of the number of open and covered parking areas available in the real estate project.
- Copy of the legal title deed representing the promoter’s title on which the project development is proposed, along with legally valid documents.
- Name, address, contact details, and photographs of the promoter in case he/she is an individual.
- In case of entities other than individual promoters – name, address, contact details, and photographs of the partners, chairman, directors, and the authorised person.
- Form ‘A’ – an application submitted for the project registration shall be made in copies until the application is filed online.
- The declaration document states that the promoter must not discriminate against any allottee during the allotment of any apartment, building, or plot.
- Layout and plans as per execution on site.
- Layout and plans as per bookings that are already done.
- Authentic copy of the consent letter received from the allottee for alteration or additions in the sanctioned plan.
Registration Fees to be Submitted for Project Registration with RERA Puducherry
Here are the details of the registration fees to register the project:
Type of Project | Rupees per Square Meter |
Residential Group Housing Project | ₹ 5 per Square Meter for the total plinth area for projects where the proposed land area does not exceed 1000 Square Meters ₹ 10 per Square Meter for the total plinth area for projects where the proposed land area exceeds 1000 Square Meters but must not exceed ₹ 5 lakh |
Mixed Development (residential and commercial) | ₹ 10 per Square Meter for the total plinth area for projects where the proposed land area doesn’t exceed 1000 Square Meters ₹ 15 per Square Meter for the total plinth area for projects where the proposed land area exceeds 1000 Square Meters but must not exceed ₹ 7,50,000. |
Commercial or any other projects | ₹ 20 per Square Meter for the total plinth area for projects where the proposed land area doesn’t exceed 1000 Square Meters ₹ 25 per Square Meter for the total plinth area for projects where the proposed land area exceeds 1000 Square Meters but must not exceed ₹ 12,50,000. |
Application for Registration by the Real Estate Agent
As per the provisions of RERA rules, every real estate agent must get themselves registered. Here are some easy steps to follow:
Step 1: According to sub-section (2) of Section 9 of the Act, the agents must file an application in writing to the Regulatory Authority through Form ‘G’.
Moreover, the form must be submitted with the following documents:
- Details of registration (whether as a society, proprietorship, company, partnership, etc.) comprising the bye-laws, MoA (Memorandum of Association), AoA (Articles of Association), etc., as the conditions may be;
- Particulars of his company/firm including its name, type of enterprise (company, partnership, society, proprietorship, etc.), registered address;
- Copy of the PAN card of the real estate agent;
- Copy of the Aadhaar card of the real estate agent;
- Name, contact info, address, and the photograph of the real estate agent (in case of an individual);
- In the case of other entities, name, contact info, address, and photographs of the directors, partners, etc.
- Copy of the registered address proof of the business; and
- Other documents as requested by the authority
Step 2: Once the application is filed with all the documents, the agent must pay the registration fee of ₹ 10,000 (in case of an individual) or ₹ 50,000 (in case of other entities) either through a banker’s cheque or a demand draft through the online payment.
Step 3: As per rule 8 of the Regulation, the authority must either grant registration within thirty days of receiving the application or reject the application, whatever the case may be;
Step 4: If the application is accepted, the authority will issue a registration certificate in Form ‘H’ with a registration number to the real estate agent. However, if the application is rejected, the authority will inform the applicant by sending Form ‘I’.
Appellate Tribunal
All the RERAs in the country have a special body constituted to hear people’s appeals against the orders of the Adjudicating Authority. Such a body set up by RERA is called Appellate Tribunal.
Therefore, anybody who is registered under RERA Puducherry and wants to appeal against the orders of the authority can do so with the Puducherry Appellate Tribunal.
Now the question arises- how to file an appeal with the Appellate Tribunal?
It’s simple!
Every appeal must be filed under sub-section (1) of Section 44 of the Act that shall accompany a fee of five thousand rupees via a banker’s cheque or demand draft in favour of the Appellate Tribunal. The DD or cheque must be payable at the branch of that bank. Or the payment can also be made online.
Note: All the appeals must be filed in Form ‘L’, until the application is filed online, along with the required documents.
Filing of Complaint with the Authority
Any aggrieved person may file a complaint with the RERA authority for any violation under the rules or regulations of Act.
Step 1: File an application to the authority through Form ‘M’.
Step 2: Pay the required fees of one thousand rupees either through a banker’s cheque or a demand draft drawn on a scheduled bank in favour of the authority. The cheque or the draft must be payable at that bank’s branch and at the station where the authority is located or through online payment, as the case may be.
Step 3: On the receipt of the application, the authority will send a notice containing details of the alleged contravention and the relevant documents to the respondents.
Step 4: The respondent may then file his reply in respect of the complaint within the period as defined in the notice.
Step 5: The authority shall then explain to the respondent about the contravention alleged on the date fixed by the authority.
Step 6: If the respondent pleads guilty, the authority will record the plea and pass such orders that include the imposition of penalty. However, if the respondent does not plead guilty and challenges the complaint, the authority will need an explanation from the respondent.
Step 7: If the authority is satisfied with the submissions made by the respondent, there won’t be any further hearings into the complaint. As a result, it will dismiss the complaint.
Offences and Penalties
If the promoter or agent is found guilty of not abiding by the laws of the Act, it will be counted as an offence, and the entity will have to pay the penalty as follows:
Offence | Money to be Paid for the Offence |
Punishable with imprisonment under subsection (2) of Section 59. | Fixed at 10% of the estimated cost of the real estate project |
Punishable with imprisonment under Section 64 | Fixed at 10% of the estimated cost of the real estate project |
Punishable with imprisonment under Section 66 | Fixed at 10% of the estimated cost of the plot, building or apartment, as the case may be, of the real estate project, for which the sale or purchase has been facilitated. |
Punishable with imprisonment under Section 68 | Fixed at 10% of the estimated cost of the plot, building, or apartment, as the case may be. |
The allottee, promoter, or real estate agent must abide by the orders of the Appellate Tribunal or the authority within the period specified by the court. It must not exceed 30 days from the date of commencing an offence.
Once the amount is paid as specified in the sub-rule (1) and subsequent to compliance with the order of the Appellate Tribunal as defined in the sub-rule (2), any person in custody having a connection with that offence must be set free, and proceedings shall be further continued or instituted against such person in any court for that offence.
Frequently Asked Questions (FAQs)
In case the Regulatory Authority doesn’t respond to the application, is there any provision for deemed registration of a real estate project?
According to Section 5 of the Act, the authority must respond to the application within thirty days of its filing. Furthermore, it states that if the authority fails to do so within the said interval of 30 days, the project shall be deemed to be registered.
Does an open parking area come under the common area?
Section 2 (n) defines common areas to have open parking areas. Therefore, open parking areas shouldn’t be sold to the allottees.
Is RERA Registration compulsory?
Yes, any builder who wishes to develop a commercial or residential property on land with more than 500 Square Feet must get the project registered with RERA. Otherwise, the entity will have to pay a hefty fine.
How can buyers benefit from RERA?
RERA has just opened a way for every homebuyer. Now, buyers can get possession of apartments without any problem. Besides, if the developers delay the delivery of the project, they will have to pay an interest rate.