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FAQs On RERA
What is RERA?
The full form of RERA is Real Estate (Regulation and Development) Act, implemented in 2016 to regulate the real estate sector in India, making the functioning of promoters and real estate agents more transparent, and lay down a complaint redressal procedure for disputes relating to real estate property, especially the complaints by real estate home buyers.
What is a Complaint under RERA?
A complaint under RERA can be filed when any person is affected by an action that violates the provisions of the RERA Act. Usually, it is the homebuyers who file a complaint with the RERA Authority or Adjudicating officer against the builder.
Where is a RERA Complaint filed?
A complaint under RERA can be filed by a homebuyer with the RERA Authority or Adjudicating Officer of the State in which the property is located. The complaint can be filed under RERA only if the State has implemented the Act and has notified its own RERA Rules.
What are the Grounds on which a Complaint under RERA can be filed?
A homebuyer can file a complaint under RERA against the builder for the following reasons:
- There is a delay in delivery of possession by the builder.
- The builder is not paying the interest on delay of possession.
- The builder is demanding extra charges that the amount previously finalised.
- The builder is not providing the promised amenities and facilities.
- The builder has failed to get registered under RERA.
- The builder has not registered the property under RERA.
- The builder is not obtaining the Completion Certificate or providing the Occupancy Certificate.
- The builder has violated the provisions of the builder-buyer agreement signed between them.
- The builder has violated any other provision of the RERA Act.
Which Projects Are Covered under RERA?
All commercial and residential real estate projects over 500 square meters, or having more than or equal to eight apartments are covered under RERA. As per the Act, the builder needs to get the mandatory registration done for these projects. Also, all the ongoing projects which had not received completion certificate on the date of commencement of the Act i.e. May 1, 2016, were required to get the registration done within 3 months.
Which Projects Are Not Covered Under RERA?
The following projects are not covered under RERA:
- Where the area of land proposed to be developed does not exceed 500 sqm or a number of apartments proposed to be developed do not exceed eight, inclusive of all phases.
- Where promoter has received a completion certificate for Real Estate Project prior to commencement of Act
- Projects in renovation or repair or re-development and do not involve marketing, advertising, selling or new allotment of any apartment, plot or building, under real estate project
How to File a Complaint under RERA?
A complaint in RERA can be filed in the format prescribed by the State RERA Authority, along with a prescribed fee. A complaint includes all the details of the issue faced, such as the details of builder and buyer, the details of property, the issue faced by the buyer and the relief sought from the RERA Authority.
What Documents are required to File a RERA Complaint?
The documents required to file a RERA complaint includes the allotment letter given to the buyer, the payment receipts given by the builder, the builder-buyer agreement signed, the copy of cheques or bank statement of the buyer, the layout of the project and photographs of the current state of the project.
What Relief Can Be Claimed under RERA?
The homebuyers can claim a refund of their money paid to the builder, along with interest on delay or compensation for any other damage. The homebuyers can also ask for possession of their property along with interest on the delay if the property possession has been delayed but the property construction is almost completed.
In How Much Time Does a RERA Complaint Gets Resolved?
As per the RERA Act, the complaints received by the RERA Authority and the Adjudicating officer must be resolved within 60 days from the date of receiving it. If the authority fails to adhere to this timeline, the authority has to state a reason for the delay.
What if the Builder Does Not Enforce the RERA Order?
If the builder does not enforce the order of RERA within 45 days partially or completely, the home buyer in whose favour the order is passed, can file an application for execution of the RERA order with the same RERA Authority that passed the order.
How To File An Appeal Against the RERA Order?
If you’re not satisfied with the order passed by the RERA Authority or Adjudicating office, you can file an appeal with the RERA Appellate Tribunal against the order within 60 days of receiving it. If you’re not happy with the decision of the Appellate Tribunal, then a further appeal can be filed with the High Court of that State.
Is There An Alternative To RERA?
While RERA is the quickest remedy for homebuyers, there is also an option to file a consumer complaint with the different consumer courts in India. A home buyer can also file or join an insolvency petition against the builder if they are not financially capable of completing the project.