Documents/Information required for registration of Real Estate Project regarding Separate Plan for Phase Wise or Part Development, Regulation, 2021
Department of Urban Development
Goa Real Estate Regulatory Authority
1/RERA/Regulations of GRERA/2020/2
In exercise of the powers conferred by section 85(2) (c) read with section 4(2) (c) of The Real Estate (Regulation and Development) Act, 2016, hereby makes the following regulation, namely:—
1. Short title and commencement.— (1) These regulations may be called Documents/ information required for registration of Real Estate Project regarding separate plan for phase wise or part development, Regulation, 2021.
(2) They shall come into force at once.
2. Definitions.— (1) In these regulations, unless the context otherwise requires,—
(a) “Act” means the Real Estate (Regulation and Development) Act, 2016.
(b) “Chairperson” means the Chairperson of the Goa Real Estate Regulatory Authority appointed under section 21.
(c) “Section” means a section of the Act.
(d) “Authority” means the Real Estate Regulatory Authority established under sub-section (1) of section 20.
(e) “apartment” means— as defined under section 2 and sub-section (e) of the Act.
(f) “promoter” means— as defined in section 2 and sub-section (zk) (i) (ii) (iii) (iv) (v) and (vi) of the Act.
(g) “prescribed” means prescribed by regulations made under the act.
(h) “project” means— the real estate project as defined under section 2 and sub- -section (zn) of the Act.
(i) “Regulation”— means the regulation made by the Authority under the section 2 and sub-section (zo) of the Act.
3. Words and expressions used in these regulations but not defined shall have the same meaning as respectively assigned to them in the Act.
4.1. As per section 3 (1) of The Real Estate (Regulation & Development) Act, 2016 prior registration of the real estate project with real estate regulatory authority is necessary, prior to advertise, market, book, sell or offer for sale or invite persons to purchase where the area of land proposed to be developed exceeds five hundred square meter or the number of apartments proposed to be developed exceeds eight inclusive of all phases. Explanation pertaining to above states that “For the purpose of this section, where the real estate project is to be developed in phases, every such phase shall be considered as a standalone real estate project, and the promoter shall obtain registration under this Act for each phase separately”.
4.2. As per section 4(1) of the RE(R&D) (Act), 2016, every promoter shall 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 Authority, enclosing all the relevant documents prescribed therein. As per proviso of sub-section (c) of section 4(2) of the Act “where the project is proposed to be developed in phases, an authenticated copy of the approvals and commencement certificate from the competent authority for each of such phases”.
As per proviso of sub-section (d) of section 4(2) of the Act, “the promoter have to furnish the sanctioned plan, layout plan and specifications of the proposed project or the phase thereof and the whole project as sanctioned by the competent authority”.
4.3. This authority has come across certain instances of cases where the development permission is taken for entire plot but applied for registration with the authority for phase wise or part development without giving detailed break up into phase wise development of the plot. In order to determine the area of the phase wise/part development, the authority decided to regulate the same under section 85 (2) (c) read with section 4 (2) (c) of the Real Estate (Regulation and Development) Act, 2016 as following:
4.3.1 “If a Developer/Promoter desires to develop the plot in phase wise manner for which a single composite approval from the competent authority has been taken, the promoter shall have to indicate phase wise development of plot with all the phases and area (in square meters), details along with a rough sketch plan demarcating the different phases of the development and its plot area (in square meters), duly signed by the Promoter”.
5. These regulations will be reviewed from time to time keeping in view the exigencies or requirement.
S. KUMARASWAMY, IAS (Retd).
Chairperson, Goa RERA.
Dated: 18th March, 2021.