Important Due Dates and timelines under RERA

December 13, 2021
Miscellaneous

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The RERA (Regulation and Development) Act of 2016 came into effect on 25 March 2016 after which 7 union territories and 19 states have drafted and introduced the Regulations governing property projects. Developers now have to register their Housing Projects with the relevant Real Estate Regulatory Authority. The article highlights the important due dates and timelines under RERA.

Table of Contents-

Important Due Dates and timelines under RERA
RERA Advisory
Deadlines by Authorities
Final words

Important Due Dates and timelines under RERA

Sections	Provisions of the Act	Particulars
S.3/S.4	Pre-Registration of Real Estate Project	Obtain RERA registration upon receipt of the Authorized program (can be postponed if the purpose is not to sell immediately).
S. 11	First Renewal / Post Registration	Upon the Project Registration
S. 11 with rules	Quarterly Updates	Within 15 days from the end of each quarterly term.
Section 4(2)(L)(D)	Audit of Accounts annually	Within 6 months after the completion of the financial year
Section 4(2)(L)(D)	Obtaining Certificates of Service – Architect, Engineer, once Chartered Accountant	Certificates of Architect, Engineer, and Chartered Accountant in Practice will be received on each withdrawal of funds from the RERA Designated bank account.
Circular	Completion Report	Upon completion of 100% development (internal and external) to the project. Report during the same quarterly termination
Section 6 read with Rule	Application for Extension of Expiration Date for the project	Within 3 months before the deadline for registration
S.14	Application for modification	Before/after authorization of authority for any change of application for registration subject to change/amendment.
	Structural Defect Warranty By Developer	Five years from the date of transfer to the allottee.
	Attend to Structural defect by the promoter	Rectification of defects by promoters without further charge, within thirty days from the date of notice
Section 11	Formation of the Association of Allottees	It shall be formed within three months of the majority of allottees who booked a site/apartment.
Section 17	Transfer of title	Within 3 months from the issuance date of the certificate of occupancy.
	Conveyance of plot/apartment	Transfer deed after obtaining a residence permit (occupancy certificate).
	Hand-over: Required documents programs or plans which includes common areas in the association of allottees	Within 30 days after receipt of the occupancy certificate
Section 18 r/w rule	Reimbursement/return of amount on Cancellation	Within 30/60 days of such Cancellation
Section 5	Provision for grant of Registration by authority for the real estate authority	Within 30 days from the application date.

RERA Advisory

To avoid the hassle of requesting from various promotional project planners to extend the timeline for the completion of their real estate project, regional/union regulatory authorities may issue the following orders/directions in respect of all registered projects when the completion date, updated completion date or extended completion date as registration ends March 25, 2020, or thereafter:

Regulatory authorities may issue orders/directives to extend the registration/termination date or the revised expiration date or the extended termination period by 6 months due to covid-19 breach by requesting Force Majeure provisions under RERA;
The regulatory authorities may, in their view, consider extending the deadline for another 3 months, if the situation in their states, for written reasons, requires special consideration to consider force majeure of the current epidemic;
The regulatory authorities may issue new Registration Certificates with periodic updates to each such housing project as soon as possible; and
Regulatory authorities may extend the timelines of all compliance as per the provisions of RERA and the laws and regulations framed under it.

Deadlines by Authorities

The promoters should be careful when announcing/determining the expiration date of the real estate project. The expiration date should be determined based on market conditions and circumstances and the Developers’ ability to complete the development of the real estate project within that period. The deadline is considered a deadline, and after an extension of 1 (one) year even if the project is not completed it will eventually lead to the completion of the registration and the relevant Housing Management Authorities in consultation with the relevant Government will take action, as it deems fit to perform the remaining development activities by a competent authority or through a designated organization or otherwise. It is recommended that the resources of the consultant involved in the practice be considered.

Final words

It also appears that a few regulating authorities of real estate limit the end date for a project to formalize a sanctions/building permit system. In our view, if the authorities limit the expiration date instead of the validity of the building permit that expiration date will not apply to the completion of the project as by-laws may allow for the renewal of the legal sentence/building permit received. The developer in these cases may cancel the restricted plan/building permit and may apply for a new building permit or sanction plan, which will indirectly improve project costs and lead to higher consumer prices.

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