Rajasthan RERA – What it says for ongoing projects?

The Rajasthan RERA Rules have been notified and the website was launched on June 1, 2017. The state has designated additional chief secretary of the Urban Development and Housing Department as the interim regulatory authority and the Food Safety Appellate Tribunal as the interim appellate tribunal.

Disclosure by promoters of ongoing projects –

  • The promoter shall disclose all project details as required under the Act, rules and
    regulations made thereunder including the status of the project and the extent of completion.
  • 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.
  • In case of plotted development the promoter shall disclose the area of the plot being sold to the allottees.
  • Where the project is to be developed as separate buildings in phases, every such building or group of buildings as decided or declared by the promoter at the time of registration shall be considered as a phase and the promoter shall obtain registration under the Act for each phase separately.
    Explanation : For the purpose of this rule “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 on
    the date of commencement of relevant provisions of the Act:-
    (i) where common areas and facilities have been handed over to the association
    of allottees or the competent authority, as the case may be, for maintenance;
    (ii) where sale/lease deeds or possession letter of minimum sixty percent of the
    apartments /houses/plots in the phase/project have been executed;
    (iii) where all development works have been completed and completion
    certificate has been obtained from chartered engineer in practice as per
    prevalent Township Policy;
    (iv) where completion certificate has been obtained from the competent authority
    or where all development works have been completed and application has
    been filed with the competent authority;
    (v) where development is done in phases then each phase shall be considered as
    a separate project and the phases which fulfill any of the above conditions
    shall be excluded;
    (vi) where competent authorities/local bodies have started issuing lease deeds for
    plots by organising camps or otherwise in township schemes; or
    (vii) where services have been handed over to the local authority for maintenance
    or more than fifty percent of the development charges for the same have
    been deposited to the local authority.
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