The enactment of the 2016 Real Estate (Regulation and Development) Act, commonly referred to as RERA, marked a significant shift towards fostering accountability and transparency in India’s real estate sector. Maharashtra, taking a pioneering role, established its regulatory body, the Maharashtra Real Estate Regulatory Authority (MahaRERA), contributing substantially to creating a transactional framework characterized by clarity and fairness. The guidelines set by MahaRERA have played a crucial role in instilling a professional ethos where meticulous care and ethical conduct are not just recommended but strictly enforced.
Data from the MahaRERA website underscores Maharashtra’s leadership, boasting an impressive number of registrations: 43,435 projects and 45,839 real estate agents, surpassing all other Indian states. This article aims to comprehensively explore the liabilities, or more precisely, the responsibilities, assigned to promoters under the ambit of the RERA Act, 2016. The focus is particularly on Chapter III, a crucial section of the Act outlining the roles and duties of promoters in the real estate domain.
The analysis zooms in on Section 11, delving into its intricacies to provide a profound understanding for our readership. Additionally, the article sheds light on subsequent regulations enacted to complement and enhance the provisions of this section.
Section 11: Promoter Responsibilities under RERA Act-
Section 11 stands as the exclusive segment addressing the functions and duties of promoters for Real Estate Projects under the Real Estate Regulation Act, 2016. The section is structured into six parts, providing a comprehensive overview:
1. Quarterly Updates of the Project
2. Advertisement Guidelines
3. Duties during the Allotment of Units
4. Responsibilities of the Promoter
5. Cancellation of Allotment
6. Other Details as required
In Subsection 1, the focus is on updating project details on the RERA web page and quarterly updates. This aligns with Maha RERA Order No. 18/2021 Dt. 28/07/2021 and Order No.33/2022 Dt. 05/07/2022, emphasizing the creation of a web page upon receiving login credentials. Details to be provided include registration status, quarterly updates on bookings, garages, approvals, project status, and other specifics outlined by regulatory authorities.
Subsection 2 deals with the content of advertisements or prospectuses, stressing the clear inclusion of registered project details, notably the RERA registration number.
Moving to Subsection 3, the duties at the time of allotment involve displaying sanctioned plans, layout details, and specifications at the project site. Additionally, a transparent schedule for project completion, incorporating infrastructure provisions, must be provided.
Subsection 4 outlines the responsibilities of the promoter, emphasizing adherence to all obligations under the Act, rules, and regulations. The promoter is obligated to fulfill commitments to allottees, associations, and competent authorities, including providing a warranty against structural defects. Further responsibilities include obtaining completion certificates, handling lease certificates for leasehold land, providing essential services until the project’s maintenance transfer, forming associations, executing registered conveyance deeds, and settling financial responsibilities.
In Subsection 5, it is stated that a promoter may cancel allotments only in accordance with the terms of the sale agreement, allowing allottees to seek redress from the RERA authority if dissatisfied.
Subsection 6 obligates promoters to maintain additional details specified by the authority in the future, reinforcing a commitment to transparency and compliance.
In conclusion, Section 11 of the RERA Act, complemented by the directives of MahaRERA, plays a pivotal role in outlining the responsibilities of promoters. It actively promotes transparency and safeguards the rights of allottees throughout the entire real estate transaction process. The comprehensive set of obligations outlined in this section, ranging from project reporting to the prevention of post-agreement encumbrances, underscores a commitment to prioritizing the interests of allottees. Understanding these provisions goes beyond regulatory compliance; it serves as a yardstick for ethical conduct among industry professionals, ensuring the upholding of the highest standards of integrity within India’s real estate sector.
Aditya Pratap is a lawyer and founder of Aditya Pratap Law Offices. He practices in the realm of real estate, corporate, and criminal law. His website is adityapratap.in and his media interviews can be accessed at http://www.youtube.com/@AdityaPratap/featured. Views expressed are personal.
This article has been assisted by Siddharth Pandey, 5th year law student pursuing a B.A.LL.B.(Hons.) from Amity Law School, Lucknow