Haryana Real Estate Regulatory Authority, Panchkula, (Registration of Projects) Regulations, 2018
The Haryana Real Estate Regulatory Authority, Panchkula
The 9th February, 2018
No. 331 RERA PKL/2018.— In exercise of the powers conferred on it under Section-85 of the Real Estate (Regulation and Development) Act, 2016 and all others powers enabling it in that behalf, the Real Estate Regulatory Authority, Panchkula hereby makes the following regulations:
Short Title, Object, Commencement and Extent:
1. (a) These Regulations may be called The Haryana Real Estate Regulatory Authority, Panchkula, (Registration of Projects) Regulations, 2018.
(b) These Regulations are meant to establish procedures for filing of the applications for registration of the real estate projects, and for processing the applications and all matters connected therewith or incidental thereto;
(c) These Regulations will come into force on the date of their notification in the Official Gazette;
(d) These Regulations shall apply to all the matters and the projects falling within the jurisdiction of the Real Estate Regulatory Authority, Panchkula as notified by the State Government of Haryana vide its notification No. 1/92/2017-1TCP dated 13/12/2017, that is whole of the state of Haryana except District Gurugram.
2. (a) Unless the context otherwise requires in these regulations:-
(i) “Act” means the Real Estate (Regulations and Development) Act, 2016 as amended from time to time;
(ii) “Authority‟ means the Haryana Real Estate Regulatory Authority, Panchkula;
(iii) “Consultant” includes any person or organisation not in the employment of the Authority who may be appointed or engaged as such to assist the Authority on any matter required to be dealt with by the Authority under the Act, or the Rules, or the Regulations;
(iv) “Proceedings” means and include proceeding of all nature that the Authority may conduct in discharge of its functions under the Act, or the Rules, or the Regulations;
(v) “Regulations” means the Haryana Real Estate Regulatory Authority, Panchkula (Registration of Projects), Regulations, 2018 as amended from time to time;
(vi) “Rules” means the Haryana Real Estate (Regulation and Development) Rules, 2017 as amended from time to time;
(vii) “Apartment” shall have the same meaning as is assigned to it under sub-section (e) of Section-2 of the Act;
(viii) “Plot” means a parcel of land carved out of a larger piece of land as a part of a real estate project which is intended to be used for residential, or commercial use such as residence, office, shop, show-room, or godown or for carrying out any business, occupation, profession or trade or for any other type of use ancillary to these purposes;
(ix) “Carpet area” shall have the same meaning as is assigned to it under sub-section (k) of Section-2 of the Act;
(x) “Price” means the total price of an apartment or a plot inclusive of price of land; construction of apartment/ building; development of internal development works as approved in the service plan estimates; development of common areas; development of external development works; all kinds of taxes; levying of statutory fees; or any other charge payable to the State, Local Authority or any other authority or organisation concerned in any manner with development of the project. It shall also include cost of development of electrical infrastructure including electrical wiring; electrical appliances connected to the apartments; lifts, plumbing, the cost of finishing of the apartment (including painting, flooring, tiling, fixation of doors, windows, fire fighting system and all other facilities and amenities) as approved by the competent Authority;
(xi) “Advertisement” shall have the same meaning as is assigned to it under sub-section (b) of Section-2 of the Act;
(xii) “Promoter” shall have the same meaning as is assigned to it under Sub-section (zk) of Section-2 of the Act;
(xiii) Common areas shall have the same meaning as has been assigned to it in sub-section (n) of Section-2 of the Act.
(xiv) The words or expressions occurring in these Regulations and not defined herein but defined in the Act or the Rules shall bear the same meanings as assigned to them in the Act and the Rules; Sale price of apartment/ plot and funding of the project:
3. (a) Price of an apartment in a real estate project shall be charged by the promoter from the apartment buyers only on the basis of carpet area of the apartment.
(b) Price of the plot in any real estate project shall be charged by the promoter from the plot buyers only on the basis of per square meter of net usable area of the plot.
(c) Apart from the price of the apartment or the plot, the promoter shall not demand or receive from the buyers of the apartment or plot any other cost, fee or charge under any name or definition except reasonable charges for maintenance of essential services and common facilities.
(d) The promoter shall be responsible for all the obligations, responsibilities and functions provided under the provisions of the Act or the Rules or the Regulations. He shall also be accountable to the allottees as per provisions of the agreement for sale to be executed/ has been executed between promoters and buyers of the apartment/plot, and to the Association of allottees till the registration conveyance deeds of all the apartments or plots of the project to the allottees; or the common areas to the Association of allottees or to the competent authority, as the case may be.
(e) The promoter shall pay all outgoing charges until he transfers physical possession of the real estate project to the allottees or the Association of allottees. The ‘outgoings’ includes the land cost, ground rent, municipal or other local taxes, charges for supply of water or electricity; maintenance charges; including mortgage loans and interest on mortgages, or encumbrances, liabilities payable to competent authorities, banks and financial institutions related to the project.
4. The promoter shall be responsible for providing and maintaining essential services and common facilities on reasonable charges till taking over of the maintenance of the project by the Association of allottees.
5. The promoter shall not charge more than 10% of the price of the Apartment as booking amount.
6. The promoter shall file a statement before the Authority, and also host on the website, about funding of the project along with projected cash flow. Responsibility for lesser cash flow on account of non-booking of the apartments or plots or for any other reason shall be that of the promoter. Promoter will have to bear the consequences of delay in completion or escalation of cost on account of problems of funding of the project.
7. The promoter shall maintain his books of accounts and other record in a transparent manner or in such manner as directed by the Authority from time to time.
Schedule of completion of the project:
8. The promoter in his application for registration of the project shall provide:
(a) Scheduled date of commencement of construction of the project.
(b) Scheduled date of completion of the project.
(c) Milestones of construction proposed to be achieved in each quarter from the scheduled date of commencement upto the scheduled date of completion of the project, separately in respect of infrastructure, apartments and other amenities.
9. The scheduled date of completion of the project shall not be extended or altered for the reason of non-receipt of any statutory approval. The responsibility for obtaining all approvals shall be that of the promoter and the apartment buyers shall not be asked to bear any liability for the same either on account of delay in the completion of the project or escalation of cost of the construction.
Advertisement and website:
10. No advertisement shall be issued in any manner including by way of issuance of brochures, pamphlets, words of mouth, or in any other manner, for booking of the apartments or plots or building in any real estate project without getting the project registered with the Authority.
11. The advertisement, pamphlets, brochures or any other literature published for inviting buyers for purchase of apartments/ plot, shall be truthful and based on facts as have been revealed to the Authority, and there shall be no exaggeration or misrepresentation which may lead to creation of any incorrect or false impression in the mind of the buyers about nature of the project and the property. The liability for any such incorrect or false statement shall be exclusively of the promoter.
12. Each advertisement of the project, shall prominently show its registration number and website where details of the project could be accessed, as per regulations or as directed by the Authority.
13. A copy of the prospectus or brochure or any pamphlet vide which an information relating to the project is sought to be conveyed to the allottees of the apartment or prospective buyers of the apartments, shall be submitted to the Authority as soon as possible but not later than 15 days of its publication.
14. The Authority shall create its website within the time schedule prescribed in the Act. In the website, the Authority shall provide details of each registered real estate project. Till such time as the website of the Authority becomes operational, the promoter(s) of the real estate project shall create their own website containing, inter alia, following information:
(i) Name, address, phone number, photograph, email Id of all the promoters in the case of individuals; or the name of partners, directors, associates etc. in case the promoter is other than an individual.
(ii) Information relating to the real estate projects developed by the promoter in past five years, as submitted to the Authority.
(iii) Location, and geographical map of the site of the project. Landmarks near the site should also be given.
(iv) Copy of the registration certificate granted by the Authority.
(v) List of conditions prescribed by the Authority in the registration certificate.
(vi) Specifications of the project including:
(a) Size of the land of the project
(b) Number and types of the apartments/ plots proposed to be constructed in whole of the project. If the project is proposed to be constructed in phases, the number of apartment/ plots to be constructed in each phase.
(c) Comprehensive list of the infrastructural facilities and amenities to be provided as a part of the project which shall be passed on to the Resident Welfare Associations after completion of the project.
(vii) Copy of the sanctioned layout plans, and all other plans which the promoter has submitted to the State Government while seeking licence for the project as well as to the Authority for getting the project registered.
(viii) Facilities to be provided by the promoter on the additional land/ area/ space, if any, which is not included in the total cost of the project, which the promoter will retain and operate on commercial basis.
(ix) Detailed specifications and quality of construction of the various infrastructural facilities and amenities as per provision and approval of the service plan estimates by the competent Authority.
(x) Detailed specifications and quality of construction of apartments.
(xi) The proforma of the allotment letter.
(xii) Proforma of the agreement for sale of apartment/ plot.
(xiii) Details of the bank account in which 70% of the receipts from the apartment allottees will be kept.
(xiv) Quarterly schedule of construction of infrastructure facilities.
(xv) Quarterly schedule of construction of the apartments.
(xvi) list of approvals already received from the State or Local Authorities.
(xvii) list of approvals which are yet to be received/ obtained.
(xviii) The name, address, phone number and email Id of the registered real estate agents, if any, through whom booking for the projects shall be done.
(xix) Quarterly updated list of the number and types of apartments/ plots or garages booked.
(xx) Details of ongoing litigation relating the project and to the real estate projects developed in last five years or being developed by the promoter in the state of Haryana or outside the state.
(xxi) Particulars of the Consultants, Contractors, Architects, Structural Engineers, or other persons involved in the development of the project.
(xxii) Quarterly progress of various components of the project.
15. Information on the website will be updated at least once in a quarter, including the number of apartments/ plots booked. If an event occurs which is likely to affect favourably or unfavourably the interest of the apartment buyers, it should be uploaded immediately on the website.
16. Form REP-‘I’ prescribed in the Rules has been elaborated to make it consistent with the provisions of the Act. Till website of the Authority becomes operational, applications for registration of projects shall be filed in Form REPI PART-A to PART-G, annexed with these Regulations. Three copies of the application shall be submitted on paper along with a soft copy of the same. The Forms may be retyped.
17. All parts of the Form REP-I from Part-‘A’ to Part-‘G’ must be filled in legibly. All documents required as annexures must be annexed. The applications not accompanied by the requisite information shall be considered incomplete. Only the applications complete in all respects shall be taken up for consideration by the Authority.
18. All pages of the application including annexures should be serial numbered and an index should be provided as covering page of the application.
19. Along with the application, the promoter/ applicant shall furnish a declaration in Form REP-II.
20. If an application is found to be complete and in order, the Authority shall grant a Registration Certificate in Form REP-III after incorporating further information and terms & conditions as deemed appropriate. Inter-alia Authority may incorporate following information in the Registration Certificate:
(i) Relevant facts contained in the application received for registration of the real estate project.
(ii) Time frame for uploading relevant facts on the website of the Authority, or on the website of the applicant promoter till website of the Authority becomes operational.
(iii) Information furnished by the promoter regarding funding the project, especially the anticipated cash flow for completion of the infrastructure, amenities and apartments within the given time schedule.
(iv) Status regarding various approvals required for the project.
(v) Status of pending litigation against the project or against land of the project, as provided by the applicant which in any manner may hamper its progress during the period of its construction.
(vi) Information relating to specifications of the infrastructure, amenities and apartments etc. so as to inform apartment/ plot buyers detailed nature of project.
Agreement and Letter of Allotment:
21. Along with the application form, the promoter shall furnish a copy of the draft allotment letter to be issued to the buyers. The conditions listed in the allotment letter shall be consistent with the information and averments made in the applications filed before the Authority for registration of the project.
22. Before receipt of any amount more than 10% of the price of the apartment/ plot, an agreement shall be made in accordance with Rule 8 of the Rules. No provision, inconsistent with the provisions of the Act, or the Rules, or the Regulations, shall be incorporated in the agreement.
23. If any promoter fails to comply with or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for everyday during which such default continues, which may cumulatively extend upto 5% of the estimated cost of the real estate project as determined by the Authority.
24. If any promoter provides false information or contravenes the provisions of Section-4 of the Act he shall be liable to a penalty which may extend upto 5% of the estimated cost of the real estate project.
25. The Authority may choose any procedure it deems appropriate for processing the applications for granting registration; and adopt any means necessary to ascertain truthfulness of the averments made in the application.
26. The Authority may hire or engage consultants, advocates, engineers or any other expert, agencies or persons on the terms it considers appropriate to assist it in discharge of its functions under the Act, or the Rules or the Regulations.
27. The Authority may adopt any means it considers appropriate to enforce provisions of the Act, Rules, and Regulations, including for getting the unregistered projects registered.