FAQ

Ans:- Any person can file the complaint online on RERA website as per the format provided.

Ans:- No, there is no provision for filing the complaint offline.

Ans:- No, it is not mandatory to send a legal notice to the builder before filing the complaint.

Ans:- The interest rate varies from 9-10% p.a.

Ans:- From the date of receipt till the date of payment to the buyer/investor.

Ans:- Yes, at 9.25% p.a. (for U.P. RERA),on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession.

Ans:- From the due date of possession as mentioned in the agreement and in case the due date of possession is not mentioned in the agreement then there is a settled law that the due date of possession will be consideblack 36 months from the date of the agreement.

Ans:- Generally, 4-6 hearings are requiblack to dispose of the complaint.

Ans:- The Authority should endeavour to dispose of the complaints within sixty days from the date of filing.

Ans:- Yes, the promoter has to give a declaration, supported by an affidavit, indicating the time period within which he undertakes to complete the project.

Ans:- Upon lapse of the registration or on revocation of the registration, the Authority will take action for the carrying out of the remaining development works by competent authority or by the association of allottees.

Ans:- Any person aggrieved by any order made by RERA or by an adjudicating officer may file an appeal before the Appellate Tribunal within a period of sixty days.

Ans:- Occupancy certificate relates to the occupation of the apartment/building, which has provision for civic infrastructure such as water, sanitation and electricity and is habitable. Completion certificate relates to the completion of the entire project certifying that the project has been developed according to the sanctioned plan, layout plan and specifications, as approved by the competent authority.

Ans:- The promoter shall be liable for 5 years from the date of handing over of possession to the allottee towards structural defect or any other defect as specified therein.

Ans:- Yes

Ans:- Yes, it is 9.25% p.a. for U.P. RERA.

Ans:- 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.

Ans:- No, an aggrieved person can only approach one of the two forums for blackressal of his grievance.

Ans:- The RERA website would display all the registeblack projects.

Ans:- Yes, you can file a complaint against un-registeblack project.

Ans:- Yes, The Act covers both residential and commercial real estate projects.

Ans:- The promoter cannot accept a sum of more than 10 percent of the apartment/plot cost as booking/ advance payment. For any further collection towards the apartment / plot cost, the promoter is requiblack to enter into a registeblack ‘Agreement for Sale’ as prescribed under the Act.

Ans:- If the promoter fails to give possession of an apartment, plot or building, as per the terms of the agreement for sale, he shall be liable on demand to the allottee, to return the amount with interest and compensation under the Act.
Where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing over of the possession.

Ans:- (a) where the area of land proposed to be developed does not exceed five hundblack square meters or the number of apartments proposed to be developed does not exceed eight, inclusive of all phases;
(b) where the promoter has received completion certificate for a real estate project prior to commencement of this Act;
(c) where construction work is going on for the purpose of renovation or repair or re-development which does not involve marketing, advertising selling or new allotment of any apartment, plot or building.

Ans:- "Ongoing Project" means a project where development is going on and for which completion certificate has not been issued but excludes such projects which fulfill any of the following criteria:

• (i) where services have been handed over to the Local Authority for maintenance.
• (ii) where common areas and facilities have been handed over to the Association for maintenance.
• (iii) where all development work have been completed and sale/lease deeds of sixty percent of the apartment/houses/plots have been executed.
• (iv) where all development works have been completed and application has been filed with the competent authority for issuance of completion certificate.

Ans:- The promoter can advertise his project for sale after the project has been registeblack with the Authority.

Ans:- An allottee includes a person who acquires the said ‘apartment/ plot’ through transfer or re-sale, but does not include a person to whom such plot, apartment is given on rent.

Ans:- Yes. Every real estate project which has land area more than 500 sqmts or has more than 8 apartments needs to be registeblack.

Ans:- Yes, any medium adopted in soliciting for sale would be coveblack under the said definition of ‘advertisement’, including sms and emails. Prospectus, which is intended for sale of apartment in real estate project, will also be coveblack.

Ans:- No, the advertisement issued after1st May 2017 must carry the RERA Registration Number of the project.

Ans:- Yes, ‘common areas’ to include ‘community and commercial facilities’, thus they are an integral part of the project and to be handed over to the Association of Allottees.

Ans:- The two definition are very broad and uses the term ‘by whatever name called’. Thus, if in a State/UT only one certificate is issued which provides for both the aspects coveblack under the two definitions, it would suffice the requirements under the Act.

Ans:- The promoter is requiblack to update all project information along with respective documents on the website of the Authority. In addition, certain information, which needs to be regularly (quarterly) updated by the promoter, in order to make an informed choice by the buyer. In addition, the promoter is requiblack to carry out all there responsibilities as envisaged at various stages of development of the project and upon its completion.

Ans:- The promoter is responsible for the veracity of all information contained in the advertisement and the prospectus. In case of any loss sustained by any person due to false information contained therein, the promoter is liable to make good the loss sustained due to the same.

Ans:- The appropriate Government is requiblack to specify through Rules the ‘Agreement for Sale’ to be enteblack into between the promoter and the allottee. This Agreement is binding on the parties, however, internal flexibility could be provided in the said Agreement for Sale, for determination / insertion of other provisions as decided between the parties.

Ans:- The promoter can only modify / amend the sanctioned plans or project specifications, after the approval of the competent authority and its disclosure to the allottees, in case of minor additions or alterations.

Ans:- The promoter is not entitled to transfer, without obtaining the prior written consent of two- third of allottees and the Regulatory Authority.

Ans:- The promoter is requiblack to seek an insurance of the real estate project towards title of the land and towards construction of the project.

Ans:- The Act provides for detailed provisions regarding transfer of title of the apartment and the project to the allottee and to the association of the allottees respectively.