Registration of Real Estate Project under Gujarat RERA

  • Blog|Income Tax|
  • 20 Min Read
  • By Taxmann
  • |
  • Last Updated on 23 March, 2023

Gujarat RERA

Check out Taxmann's Latest Gujarat RERA Manual. It coves practical & knowledge aspects of RERA in a section-wise commentary format, for easy compliance, along with Rules, Regulations, Orders, Circulars, Case Laws, FAQs, etc. It also covers the rights & duties of customers in the real estate sector.

Chapter II

Registration of Real Estate Project and Registration of Real Estate Agents

Prior registration of real estate project with Real Estate Regulatory Authority.

83 (1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act:

Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act:

Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority, it may, by order, direct the promoter of such project to register with the Authority, and the provisions of this Act or the rules and regulations made thereunder, shall apply to such projects from that stage of registration.

(2) Notwithstanding anything contained in sub-section (1), no registration of the real estate project shall be required—

(a)  where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases:

Provided that, if the appropriate Government considers it necessary, it may, reduce the threshold below five hundred square meters or eight apartments, as the case may be, inclusive of all phases, for exemption from registration under this Act;

(b)  where the promoter has received completion certificate for a real estate project prior to commencement of this Act;

(c)  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, as the case may be, under the real estate project.

Explanation.—For the purpose of this section, where the real estate project is to be developed in phases, every such phase shall be considered a stand alone real estate project, and the promoter shall obtain registration under this Act for each phase separately.

COMMENTS

Section 3 of RERA states the requirement of registration of real estate project with RERA Authority and restriction on sale, booking, advertisement marketing etc. without registration of real estate project.

This Section restrict the promoter from the following activities, in relation to plot, apartment building in a real estate project which is developed in planning area, without registering the real estate project:

  • Advertisement
  • Marketing
  • Booking
  • Sale
  • Offer to Sale
  • Invitation to purchase

Proviso to this section states that, as on date of commencement of the RERA i.e. 1st May, 2017, if any project which is ongoing and completion certificate for the project was not received in that case promoter has to make an application within 3 Months from 1st May, 2017.

Second proviso to this section say that RERA Authority with the approval of local authority may ask the promoter to get register the project even the project is beyond the planning are and from the stage of registration provision of RERA will apply to such project.

For making the application for registration of real estate project one and most important condition is that the project should be in planning area and as per public notice number GujRERA/77 dated 26.09.2017 issued by GujRERA it was clarified that the area which is under the jurisdiction of the Authority which are under the following Act will be part of the planning area as per RERA.

(a) Town Planning and Urban Development Act, 1976

(b) Special Investment Region

(c) Estate under GIDC Act

Further in the notice it was ordered that a promoter can make an application to the concerned authority like town planning office etc., where project is developed, to seek clarification in respect of the planning area and if the authority says that the project is in planning area then promoter can make an application for registration before GujRERA.

One another important part of this section is terminology “Ongoing Project” which is not defined by the RERA and GujRERA, however some of the RERA Authority of other states like UP RERA and Haryana RERA has defined this terminology. For making the registration for the ongoing project other condition in respect of completion certificate is also required to be checked and if both the conditions i.e. “Project is ongoing and completion certificate is not received” then only application for registration is to be made.

In this section there is no clarity in respect of applicability of restriction of booking, marketing advertisement in the ongoing project as first proviso to section give relaxation of three months’ time for application of registration while the section says that no promoter shall market, advertise, book unless the project is registered.

Whether the booking taken by the ongoing project after enforcement of RERA and before registration of project will non compliance of section 3 is still debatable point however, Authors view is that there is no restriction for the ongoing project while some interpretation is that main section is applicable for all the project whether new project or ongoing project as it is stated the word “No Promoter shall…..”.

Exemption from registration:

Subject to some condition, Section 3(2) of RERA provide the exemption to real estate project from registration requirement and the conditions are as follows:

(a)   If Land area is <= 500 Sq Meters or

(b)   Number of the apartment in the project are <=8 (inclusive of all phases)

Eg: If the project is divided in 2 phases and 1 phase have 7 apartment and other have 4 apartments than both the phase has to get registered as total number of apartments has crossed the limit.

(c)   If the completion certificate of the project is received by the promoter.

(d)   Project is for Repair/renovation/redevelopment and which does not include marketing, advertisement, new allotment of apartment.

For the purpose of this Act every phase of the project will be considered as separate and every such phase will require registration.

The exemption provided in sub-section 3(2) is only in respect of the registration of real estate project but it does not exempt the real estate project from the legal action for non-compliance of provisions, rules and regulations of RERA as the project falls under the definition of Real estate project.

This section talks about the registration of real estate project not the registration of promoter so if one promoter (Proprietor, Firm, LLP, Company) have more than one project than every project is required to register separately.

In this section exemption is given to the project for which completion certificate is received by the promoter, however question arises whether the phase of project which has received the occupancy certificate or part occupancy certificate within the period of 3 months i.e. 1st may, 2017 to 31st July, 2017 is also exempt from the requirement of registration. This issue was settled by the Hon’ble Bombay High Court in the matter of Macrotech Developers Limited v. State of Maharashtra (WP 1118/2021) wherein, it was held that the phase of the project which has received the part occupancy certificate is not required to register under RERA.

Now another question arises that mere receipt of the Completion Certificate will be enough to get the exemption from registration of the project as per Section 3(2) of RERA or it is the duty of the promoter to complete the project accordance with the object and provision of RERA. It is held by the Hon’ble Madras High Court in the matter of M/s. SARE Shelters Project Pvt. Ltd vs SARE SQUIRES (CMSA 27-2020) that the Completion Certificate issued in an improper manner cannot be construed as valid ‘completion certificate’ within the meaning of the RERA. Therefore, the completion must be with reference to the provisions of the RERA  and not based on the certificate of completion issued by Competent Authority.

FAQs issued by GujRERA

FAQ. Does the Act cover both residential and commercial real estate?

The Act covers both residential and commercial real estate. Section 2(e) defines ‘apartment’ and section 2(j) defines ‘building’ which include both residential and commercial real estate.

FAQ. Does the Act cover ongoing/incomplete projects?

Section 3(1) first proviso provides that promoters of ‘all ongoing projects which have not received completion certificate will need to register their project with the Regulatory Authority, within 3 months of its commencement’.

FAQ. Does the Act cover all projects in urban areas and in rural areas?

Section 3(1) provides that all projects within a ‘planning area’ will require to be registered with the Authority. ‘Planning Area’ has been defined under section 2(zh).

However, section 3(1) second proviso gives powers to the Authority ‘in the interest of allottees’ to order/direct the promoter to register projects beyond the planning area, which has the requisite permission of the local authority.

FAQ. Which projects are exempt from the ambit of the Act?

As per section 3(2) the following projects do not require to be registered under the Act:

(a) where the area of land proposed to be developed does not exceed five hundred 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) 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, as the case may be, under the real estate project.

FAQ. At what stage can a promoter start to advertise his project for sale?

The promoter of a new project can advertise his project for sale after the project has been registered with the Regulatory Authority as provided in section 3(1).

FAQ. Does project registration require under RERA? Whether registration of project which will complete in short is compulsory or only new project registration is required?

As per section 3(2)(a) and (b) all ongoing project and project for which BU permission is received after 1st May, 2017 are required to register under RERA and all new project is also required to register under RERA.

FAQ. Can Application for registration of more than one project be made with the single user id or separate user id is required for every project?

Registration of Project is required not the person. Every registration application is to be made with separate user id.

FAQ. Whether registration of project is required in the case where project is completed but BU permission is not received and 4 units are yet to be sold?

BU permission is not received therefore the project will be considered as ongoing project so as per section 3(2)(a) and (b) registration is required and all new project is also required to register under RERA.

FAQ. Whether registration of project is required in the case of affordable housing project where all units are sold but agreement to sale is not executed?

If BU permission is not received before 01.05.2017 for affordable project then project will be considered as ongoing project so as per section 3(2)(a) and (b) registration is required and all new project is also required to register under RERA. If agreement to sale is not executed then also registration is required.

FAQ. Whether registration under RERA required in case of NA Land converted in 2014 and in this land 40% plot has sold and 60% plot are pending to sale.?

60% plot are yet to be sold mean entire plot are not sold so registration under RERA required.

FAQ. Whether RERA registration required for the project where only 12 units are there and 6 units are sold and 6 units are not sold?

If BU permission is not received before 01.05.2017 then RERA registration required else not.

FAQ. How to calculate total covered area in project details?

Maximum built-up area on any floor of a building under construction approved by competent authority will be considered as total covered area.

FAQ. What is the meaning of inventory types to be shown in the development details under RERA Registration?

Meaning of Inventory type means use of inventory whether it is for Residential, Commercial etc.

FAQ. Our scheme is completed and, application for B.U. permission is given. If I, do not make any advertisement and, if I do not sell any part of the property, then, is it compulsory for me to get registration under RERA?

Yes, It is compulsory to get registration under RERA.

FAQ. The Builder raises his scheme with his own money and, if he makes sale only after receipt of B.U. Permission. Under such circumstances, is it compulsory to get the registration done under RERA?

Yes, it is compulsory to get the registration of all the Scheme/Projects under process/completed for the purpose of sale.

FAQ. The Project/Scheme which have been given the Raja-Chitthi from the concerned Gram Panchayat, under such circumstances, is it compulsory to get the registration done under RERA?

If the said Gram Panchayat is included in the Area of Authority as per the then Law/Notification. Then, it is compulsory to get such Scheme/projects registered under the RERA.

Application for registration of real estate projects.

8a4. (1) 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 9[prescribed].

(2) The promoter shall enclose the following documents along with the application referred to in sub-section (1), namely:—

(a) a brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies, competent authority), and the particulars of registration, and the names and photographs of the promoter;

(b) a brief detail of the projects launched by him, in the past five years, whether already completed or being developed, as the case may be, including the current status of the said projects, any delay in its completion, details of cases pending, details of type of land and payments pending;

(c) an authenticated copy of the approvals and commencement certificate from the competent authority obtained in accordance with the laws as may be applicable for the real estate project mentioned in the application, and 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;

(d) 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;

(e) the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy;

(f) the location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including the latitude and longitude of the end points of the project;

(g) proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be signed with the allottees;

(h) the number, type and the carpet area of apartments for sale in the project along with the area of the exclusive balcony or verandah areas and the exclusive open terrace areas appurtenant with the apartment, if any;

(i)  the number and area of garage for sale in the project;

(j)  the names and addresses of his real estate agents, if any, for the proposed project;

(k)  the names and addresses of the contractors, architect, structural engineer, if any and other persons concerned with the development of the proposed project;

(l)  a declaration, supported by an affidavit, which shall be signed by the promoter or any person authorised by the promoter, stating:—

(A) that he has a legal title to the land on which the development is proposed along with legally valid documents with authentication of such title, if such land is owned by another person;

(B) that the land is free from all encumbrances, or as the case may be details of the encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details;

(C) the time period within which he undertakes to complete the project or phase thereof, as the case may be;

(D) that seventy per cent of the amounts realised for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose :

Provided that the promoter shall withdraw the amounts from the separate account, to cover the cost of the project, in proportion to the percentage of completion of the project:

Provided further that the amounts from the separate account shall be withdrawn by the promoter after it is certified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project:

Provided also that the promoter shall get his accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilised for that project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project.

Explanation.— For the purpose of this clause, the term “scheduled bank” means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934);

(E) that he shall take all the pending approvals on time, from the competent authorities;

(F) that he has furnished such other documents as may be prescribed by the rules or regulations made under this Act; and

(m) such other information and documents as may be prescribed.

(3) The Authority shall operationalise a web based online system for submitting applications for registration of projects within a period of one year from the date of its establishment.

Relevant Rules: Rule 3, 4 & 5 of the Gujarat Real Estate (Regulation and Development) (General) Rules, 2017

Information and documents to be furnished by the promoter for registration of Project

Rule 3. (1) The promoter shall furnish the following additional information and documents, along with those specified under the relevant sections of the Act, for registration of the real estate project with the regulatory authority namely:

(a) Authenticated copy of the PAN card of the promoter

(b) Name, photograph, contact details and address of the promoter if he is an individual or authorised representative; or the name, photograph, contact details and address of the chairman, partners, directors, as the case may be, and the authorised representative in case of other entities;

(c) The number of open parking areas and the number of covered parking areas available in the said real estate project;

(d) Copy of the legal title deed reflecting the title of the promoter to the land on which development is proposed to be developed along with legally valid documents with authentication of such title, if such land is owned by another person;

(e) The details of encumbrances on the land on which development is proposed including any rights, title, interest or name of any party in or over such land along with details;

(f) Where the promoter is not the owner of the land on which development is proposed details of the consent of the owner of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner on the land proposed to be developed;

(2) The application referred to in sub-section (1) of section 4 shall be made in writing as per Form ‘A’, which shall be submitted in triplicate, until the application procedure is made web based as provided under sub-section (3) of section 4 of the Act.

*(3) The promoter shall pay a registration fee at the time of application for registration by way of a demand draft drawn on any scheduled bank, for a sum calculated at the rate of:-

(a) In case of group housing project,- rupees eight per square meter of carpet area proposed to be developed subject to minimum of rupees ten thousand and maximum rupees ten lakhs;

(b) In case of mixed development (residential and commercial) project- fifteen rupees per square meter of carpet area proposed to be developed subject to minimum of rupees twelve thousand and maximum of rupees twelve lakhs;

(c) In case of commercial project,- twenty rupees per square meter of carpet area proposed to be developed subject to minimum of rupees fifteen thousand and maximum rupees fifteen lakhs;

(d) In case of plotted development project,- ten rupees per square meter of land proposed to be developed subject to minimum of rupees five thousand and maximum rupees five lakhs.

(4) The declaration to be submitted under clause (l) of sub-section (2) of section 4 of the Act, shall be as per Form ‘B’.

(5) In case the promoter applies for withdrawal of application for registration of the project before the expiry of the period of 30 days provided under sub-section (1) of section 5, registration fee to the extent of ten percent paid under sub-rules (3) above or rupees fifty thousand whichever is more, shall be retained as processing fee by the regulatory authority and the remaining amount shall be refunded to the promoter within thirty days from the date of such withdrawal.

(6) The promoter shall disclose, –

estimated cost of real estate project as envisaged by the promoter by bifurcating the same into the market value of the land/lease charges (as determined by the Government Approved Valuer), cost of construction, other costs, interest, taxes, cess, development and other charges and all other charges/cost in relation to the project in two stages i.e. before the application is made to the Authority for registration of the real estate project and subsequent to the grant of the registration; the means of financing the real estate project along with the cost already incurred and paid by the promoter out of the estimated cost of the real estate project duly certified and signed by the chartered accountant;

Disclosure by promoters of ongoing projects

Rule 4. (1) Upon the notification for commencement of sub-section (1) of section 3, the promoter of The promoter an ongoing project which has not received completion certificate shall, within the time specified in the said sub-section, make an application to the Authority as provided in rule 3.

(2) The promoter shall in addition to disclosures provided in rule 3 disclose the following information, namely:-

(a) the original sanctioned plan, layout plan and specifications and the subsequent modifications carried out, if any, including the existing sanctioned plan, layout plan and specifications;

(b) the total amount of the money collected and the balance money to be collected from the allottees at the time of registration of the existing project;

(c) status of the project (extent of development carried out till date and the extent of development pending) and the time period within which he undertakes to complete the pending project and this information shall be certified by an engineer, an architect and a chartered accountant in practice.

(3) The promoter shall disclose the size of the apartment based on carpet area even if earlier sold on any other basis such as super area, super built up area, built up area etc. which shall not affect the validity of the agreement entered into between the promoter and the allottee to that extent.

(4) In case of plotted development, the promoter shall disclose the area of the plot being sold to the allottees as per the layout plan.

(5) For projects that are ongoing and have not received completion certificate, on the date of commencement of the Act, the promoter shall, within a period of three months of the application for registration of the project with the Authority, deposit in the separate bank account, seventy per cent. of the balance amounts which are to be realized from the allottees, and shall be withdrawn from the separate account, in the manner permissible under rule 5.

Withdrawal of sums deposited in separate account

Rule 5. Pursuant to the amounts deposited in a separate account as mentioned in sub-clause (D) of clause (l) of sub-section (2) of section 4 of the Act, the promoter shall be entitled to withdraw the amounts from the separate account in the following manner:

(1) The promoter, at the outset, shall be entitled to withdraw the amounts from the separate account to the extent of the cost already incurred and paid by the promoter, and as duly reflected in the estimated cost of the real estate project, furnished under sub-rule (6) of rule 3, before the date of the application made to the Authority for the registration of the real estate project. Such withdrawal, from time to time, shall be duly certified by a Chartered Accountant.

(2) The cost of the land as mentioned in the estimated cost of the real estate project, to the extent which is not withdrawn as per sub-rule (1) above, shall be entitled for withdrawal by the promoter, from time to time, to the extent of the cost of the land which is incurred and paid by the promoter after the registration of the real estate project by the Authority. Such withdrawal, from time to time, shall be duly certified by a Chartered Accountant.

(3) The promoter shall be entitled to withdraw the balance amount (other than those mentioned in sub-rule (1) and sub-rule (2)) from the separate account only in proportion to the percentage of completion of the project. Further, upon the issuance of the completion certificate for the project, the promoter shall be entitled to withdraw, all the remaining amounts which may be lying in a separate account.

(4) That the balance amount as mentioned in sub-rule (3) above, shall be withdrawn by the promoter from the separate account after it is certified (i) by an engineer that the items shown in the cost of construction is matching to the physical condition at the site of the real estate project; (ii) by an architect that the physical condition at the site is built-up as per the sanctioned plan as approved by the competent authority; and (iii) by a chartered accountant in respect of the cost already incurred for the purpose of calculating the proportionate cost of completion of the project.

Relevant Regulations: Regulation 3 & 4 of Gujarat Real Estate Regulatory Authority (General) Regulations, 2017

Formats of Certificates of Architect, Engineer and Chartered Accountant:

Regulation 3 (amended in May 2019)

“The certificates to be issued by the project architect, project engineer, chartered accountant in practice appointed by the promoter, for project Registration/Alteration/Extension, Quarterly Project Progress Report and for withdrawal of money from the separate account maintained under section 4(2) (l) (D) shall be in Form 1, 2 and 3 respectively. The certificate required to be issued by the Project Architect on completion of each of the building/wing of the real estate project shall be in Form 4. The Form 3 shall be submitted electronically on GujRERA Portal. The certifying professional has to affix his digital signature using utility on GujRERA portal accordingly. The extant procedure to be continued for other forms. The electronic submission of these forms shall be applicable when the same is made available on GujRERA Portal. ”

Formats of various certificates in Plotting Project

Regulation 3A

(a) In the case of Plotted Project, the various certificates for withdrawal of money from the separate account maintained under Section 4(2)(l)(D), shall be in Form 1, 2 and 3 with applicable referential modification as to the Plotted Project details.

(b) The occupancy certificate required to be issued by the Project Architect on completion of each of the Plotted Project shall be in Form 4A

Submission of Application

Regulation 3B

(a) Every application under section 4 and section 9 of the Act shall be submitted online as well as in hard copy with all the details and documents to the Authority.

(b) The hard copy of the application along with all the details and documents should be submitted to Authority at least within a period of 7 days from the date of online submission of the application.

(c)  * deleted

(d)  * deleted

*Amended by Gujarat Real Estate Regulatory Authority (General) (Amendment) Regulations, 2018 (refer Appendix-8).

Additional Disclosures by Promoters on the Website and Project site:

Regulation 4

In addition to all the details of the proposed Real Estate project, to be uploaded by the promoter on his webpage on the website of the Authority, as required under sub-section (1) of Section 11 of the Act and Rule 3 and 4 of the Gujarat Real Estate (Regulation and Development) (General) Rules 2017, the promoter shall upload the annual report on statement of accounts, in Form 5* (issued in accordance with the third proviso to section 4(2)(l)(d) of the Act) duly certified and signed by the chartered accountant in practice who is the statutory auditor of the promoter’s enterprise.

*Form-5 is amended by Gujarat Real Estate Regulatory Authority (Second General)(Amendments) Regulations, 2018

Explanation

    1. The chartered accountant certifying the progress of the registered real estate project for the purpose of withdrawal of amounts from the separate account should be a “different entity” than the chartered accountant who is the statutory auditor of the promoter’s enterprise.
    2. If the Form 5 issued by the statutory auditor reveals that any certificate issued by the project architect, engineer or the chartered accountant has false or incorrect information and the amounts collected for a particular project have not been utilized for the project and the withdrawal has not been in compliance with the proportion to the percentage of completion of the project, the Authority, in addition to taking penal actions as contemplated in the Act and the Rules, shall also take up the matter with the concerned regulatory body of the said professionals of the architect, engineer or chartered accountant, for necessary penal action against them, including cancellation of registration of membership for practice as such. Displaying of plans etc.

COMMENTS

As per provision of Section 4 of RERA, every promoter will make an application for the registration of real estate project to which RERA is applicable. To make an application for registration of real estate project three points are important:

    1. Manner of application i.e. format for application.
    2. Time limit within which application to be filed.
    3. Fees to be paid.

Manner of Application for registration of Real Estate Project

As per rule 3(2) of GujRERA General Rules, 2017, application is to be made in writing i.e. offline in Form “A” which is to be submitted in triplicate, till the online procedure for application is made.

The GujRERA has started online procedure from 10th July, 2017 to make application for registration of real estate project.

The portal created for filing an online application is called GujRERA Portal 1.0, but for the purpose to maintain simplicity, flexibility and transparency in respect of real estate project and for making registration process more effective, speedy and popular GujRERA has made new portal 2.0. for implementation of portal 2.0 GujRERA has issued order No. GujRERA/Order-36-2020 dated 12.06.2020 (refer Appendix-11) and it is announced that the service of the newly created portal 2.0 by the GujRERA shall become active on its portal for the use of all the users w.e.f. 26.06.2020.

Further, by issuing another order GujRERA/Order-37-2020 dated 25.06.2020 (refer Appendix-11) date of activation of new portal was extended to 01.08.2020 but later on due to representation made by various association GujRERA has issued order GujRERA/Order-40 dated 28.07.2020 (refer Appendix-11) to postponed the implementation of portal 2.0 till further orders are passed.

As per the Regulation 3(B) of GujRERA General Regulation, 2017, application for registration of project shall be submitted online as well as printed copy along with the necessary documents within 7 days from the date of online submission of the application.

As per GujRERA order number RERA/MS/CHM-00/06-17 dated 29.06.17, it was directed to submit the application along with the documents in hard copy at different collection centre/office (i.e. Town Planning office), however as per order number GujRERA/order-10 dated 30th May, 2018 it was instructed to submit the hard copy of applications and documents to the GujRERA office at Gandhinagar within stipulated 7 days by RPAD/courier or in person by concerned.

Refer Appendix-11 for GujRERA/Order-10 dated 30th May, 2018

From 1st October, 2018, at the time of submitting the hard copy, promoter is required to enclosed the “checklist for application of project” as per circular No. GujRERA/Circular/10/2018 dated 29th September, 2018 (refer Appendix-12).

GujRERA has started the e-Office system for application of Registration and its process for verification with this system request for acknowledgement, payment receipt, query in respect of application, answer to queries, acknowledgement for registration will be done through online mode (i.e. email) only and even tracking of application can also be done online. (refer Appendix-12 GujRERA/Circular/12 dated 5th December, 2018).

______________________

  1. Enforced with effect from 1-5-2017.

8a.   Enforced with effect from 1-5-2017.

  1. Substituted for “specified by the regulations made by the Authority” by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016, w.e.f. 28-10-2016.

*Amended by way of notification No. GH/V/116 of 2019/RAR-102018-1005-L dated 31st August, 2019.

*Rule 3(1) of GujRERA General Rules, 2017.

*Rule 3(1) of GujRERA General Rules, 2017.

Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

Leave a Reply

Your email address will not be published. Required fields are marked *

Everything on Tax and Corporate Laws of India

To subscribe to our weekly newsletter please log in/register on Taxmann.com

Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied