The Real Estate Regulatory Authority (RERA) in Delhi has issued an advisory saying that it has not registered any real estate project under the Land Pooling Policy of Delhi Development Authority (DDA) and the home buyers and general public are to be extremely careful and not be misled by the promoters, builders, developers, who in form of Societies, Companies, Trusts are collecting money on the pretext of providing flats or apartments.
The move comes after several complaints were received from various home, commercial space, plot buyers that many builders and developers are avoiding RERA registration of their projects in capital on various pretexts.
“If anyone notices violation of any provision of the Real Estate (Regulation and Development) Act, 2016, it may be brought to our notice through a complaint (along with photographs or any other evidence) sent to email : gcdelhirera@gmail.com or above given address,” read the advisory.
The Authority has noticed that some of the Societies registered under the Societies Registration Act, 1860 (which cannot undertake housing as an activity under Section 20 of said Act), Multi-state Cooperative Societies registered under the Multi-state Cooperative Societies Act, 2002, Companies registered under the Companies Act, 2013 and Trusts formed under the Indian Trust Act 1882, have collected money from home buyers and general public on the pretext of providing flats/apartments under the Land Pooling Policy of DDA .
According to the advisory issued under section 33 and 34 of the Real Estate (Regulation and Development) Act, 2016, various promoters including builders and developers have expressed doubt before the authority if they are required to register their plot area that exceeds 500 square meter but the number of apartments proposed to be constructed remain below nine.
“Most of them appear to be under the impression that no registration is required with RERA if the plot size is either of 500 sq meters or below or they are constructing less than nine units. These impressions are not correct,” stated the notice.
The notice further stated that no promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase any plot, apartment or building, as the case may be, in any real estate project, in any planning area, without registering the real estate project with the RERA.
“Provided that the projects which 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,” the notice further read.
“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 there under, shall apply to such projects from that stage of registration,” the notice further read.
“The authority, considering the intent and purpose of the act, would like to clarify in the interest of all allottees including home, commercial space, plot buyers and general public, that all Real Estate Projects being developed within DDA Master Plan 2021 area in Delhi would require compulsory registration with RERA, as per category,” the notice further read.