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  • RERA Jharkhand

    The Real Estate Regulatory Authority (RERA) Jharkhand ensures that homebuyers’ interests are protected while paving a way for real estate developers and agents to provide prospective consumers in the industry with excellent services.

    In order to ensure quick grievance redressal, the authority has also established an Appellate Tribunal where consumers who are aggrieved by the authority’s decision or order can appeal. The Appellate Tribunal shall make sure that the appeal is dealt with and disposed off in 60 days. All real estate agents are mandatorily required to register under the Act. As per the Act, real estate agents are not supposed to promote the sale/purchase of a real estate property in any way unless he/she is registered under the Act.

    How to Register a Project under RERA by Promoter/Developer Online in Jharkhand

    Step 1: Visit RERA Jharkhand home page

    Visit the website

    Step 2: Visit the RERA Jharkhand promoter/developer registration webpage.

    Click on Registration

    Step 3: Choose the User Type as ‘Promoter/Developer’ and enter all the required inputs and click on ‘Register Now’.

    Documents Required from Promoter to Register a Project Under Jharkhand Real Estate Regulatory Authority

    • Authenticated copy of PAN Card.
    • Audited Balance Sheet of the promoter for the last financial year.
    • Audited Income Tax Returns (ITR) of the promoter for last the 3 assessment years.
    • The number of parking areas – both open and closed – available in the project.
    • If the concerned land/property is owned by a third party, copy of the legal title deed indicating the title of the promoter to the land/property on which the project is to be constructed. The promoter is also required to submit all the legally valid documents along with title authentication.
    • Details of the consent of the owner and copy of the collaboration agreement, joint agreement, or development agreement between the promoter and the owner if the promoter is not the owner of which the project is proposed. The promoter is also required to submit the copies of the title deed or the concerned agreements indicating the title of the owner on the land/property.
    • Name, contact details, residence address and photographs of the promoter if he/she is registering as an individual. In case the promoter is a business entity, the promoter is required to submit the name, contact details, address of the chairman, board of directors, partners and the authorised individual along with photographs.
    • Demand Draft or bankers’ cheque for registration fee drawn from any scheduled bank if the promoter is unable to pay the fee through online payment mode.
    • The promoter is required to submit supporting documents disclosing all details such as the status and extent of completion of the project. This includes:
    • Layout plan and specifications
    • The original approved plan
    • The existing approved plan, layout plan and specifications in case modifications were made later
    • Documents disclosing the plot area that is being sold to allottees if the project is a plotted development.
    • The promoter is required to submit documents disclosing the size of the apartment based on carpet area even if the property/apartments were sold to allottees earlier based on super area, super built-up area, built up area etc.

    How to Register as an Agent Under RERA Jharkhand Online

    Step 1: Visit the RERA Jharkhand home page

    Viist the website

    Step 2: Visit the RERA Jharkhand agent registration webpage.

    Click on Registration

    Step 3: Choose the User Type as ‘Agent’ and enter all the mandatory inputs and click on ‘Register Now’.

    Documents Required by Real Estate Agent to Register Under Jharkhand Real Estate Regulatory Authority

    • Written application to the Authority in Form H in triplicate, if the procedure for application has not been made web based yet.
    • Authenticated copy of the PAN Card
    • Authenticated copy of the address proof of the business entity.
    • Details of the enterprise such as the name, registered address, type of enterprise i.e. societies, partnership, proprietorship, company etc.
    • Particulars of registration i.e. if the enterprise is a company, partnership, society, proprietorship etc.
    • It the real estate agent is registering as an individual, name, contact details, address and photographs.
    • In the case of business entities, the names, contact details, addresses and photographs of the directors, partners etc.
    • IT Returns filed under the Income Tax Act, 1961 for the last 3 assessment years
    • In case the agent was exempted from filing tax returns under the Income Tax Act, 1961 during any of the last 3 financial years, the applicant is required to submit a declaration to such effect.
    • Demand Draft or bankers’ cheque for registration fee drawn from any scheduled bank if the promoter is unable to pay the fee through online payment mode. If the applicant is an individual, he/she will be required to pay a fee of Rs.5,000 for registration. In other cases, the applicant shall be a registration fee of Rs.2 lakh.

    How to Renew Real Estate Agent under RERA in Jharkhand

    • A real estate agent can renew the registration as per Section 6 granted under Section 9 by submitting an application in Form K three months prior to the expiry of registration.
    • The agent shall be required to pay a renewal fee (Rs.5,000 if the agent is an individual; Rs.50,000 in other cases). The fee can be paid with demand drafts drawn from a scheduled bank or through online mode of payment.
    • The applicant is required to submit the application for renewal along with the renewal fee.
    • All updated documents mentioned in clauses 10.1.1. to 20.1.6 of sub-rule (10.1) of rule 10 are also to be submitted at the time of application.
    • If the application is approved and the registration is renewed, the real estate agent shall be informed of the renewal by the Authority in Form L.
    • However, if the application is rejected, the Authority shall inform the real estate the agent of the rejection in Form J.
    • An application for renewal of registration will be granted only after the Authority ensures that the agent has complied to the provisions under the RERA Act and the rules and regulation under the act.
    • The period of validity for a granted renewal is 5 years.

    How to File a Complaint Under RERA in Jharkhand

    Step 1: Visit the RERA Jharkhand home page

    Visit the website

    Step 2: Click on ‘Complaint Registration’ to redirect you to the RERA Jharkhand compliant registration webpage.

    Click on Registration

    Step 3: Choose the ‘User Type’ i.e. Promoter/Developer or Agent and fill all the required details and click on ‘Register Now’ to file your complaint.

    Steps to Login to RERA Jharkhand

    Step 1: Visit the RERA Jharkhand home page

    Visit the website

    Step 2: Click on the ‘Login’ icon at the top of the page to redirect you to the RERA Jharkhand login page

    Click on Login

    Step 3: Select the type of user i.e. Promoter/Developer/Agents or Department.

    Step 4: Enter your User ID and Password along with the Captcha text and click on ‘Sign in’ to login to RERA Jharkhand webpage.

    RERA Status in Jharkhand

    • Projects-30
    • Developers-43
    • Agents-66

    RERA Jharkhand Penalties

    Type of Offence Penalty
    Punishable with imprisonment under sub-section (2) of Section 59 10% of the estimated cost of the real estate project
    Punishable with imprisonment under Section 66 10% of the estimated cost of the property
    Punishable with imprisonment under Section 64 10% of the estimated cost of the real estate project
    Punishable with imprisonment under Section 68 10% of the estimated cost of the property

    Contact Information & Office Address

    • Mr. Gajanand Ram, Town Planner, Urban Development & Housing Department, Government of Jharkhand
    • Mr. Ajoy Kumar Singh, Secretary, Urban Development & Housing Department, Government of Jharkhand – cum – Interim Jharkhand Real Estate Regulatory Authority, Tel (0651-2400962), Email (ud.secy@gmail.com)

    FAQ’s

    1. When was the RERA Act implemented?

    The Central Government notified Section 2, Section 20 to Section 39, Section 41 to Section 58, Section 71 to Section 78 and Section 81 to Section 92 to be effective from 1 May 2016.

    2. Why are some sections under the Act still not notified yet?

    In order to enforce the Act, The Regulatory Authority and the Appellate Tribunal must be first established. Hence, some of the section has not been notified by the Central Government. Since real estate project can be sold only after registration with the real estate authority, the absence of the authority would make the sale of the property invalid without the Act governing them.

    3. Who governs the Act in the States and Union Territories?

    The ‘appropriate Government’ as per Section 2(g) of the Act is as follows:

    • The State Government for the States.
    • The Central Ministry of Urban Development for the Union Territory of Delhi.
    • The Union Territory Government for the Union Territory of Puducherry.
    • The Central Government for union territories without legislature.

    4. Do public bodies such as Development Authorities and Housing Boards fall under the definition of ‘Promoter’?

    All public and private bodies which provide real estate projects to the general public fall under the Act. Section 2 (zk) of the RERA Act states the inclusion of all private and public real estate promoters.

    5. What are the responsibilities of the ‘Appropriate Government’?

    The responsibilities of the appropriate government are as follows:

    • To notify the rules for the implementation of the Act since its commencement within a period of 6 months (Section 84).
    • To set up a Regulatory Authority within a period of 12 months from the date of commencement (Section 20).
    • To appoint an officer/executive as the interim regulatory authority until the Regulatory Authority is permanently established (Section 20).
    • To establish an Appellate Tribunal within the completion of 12 months from the date of commencement (Section 43).
    • To designate an existing Appellate Tribunal established under other laws to be the interim Appellate Tribunal until an Appellate Tribunal is permanently established (Section 43).
    • To constitute a Selection Committee for the selection of the Chairperson and Members of the Real Estate Regulatory Authority and the Appellate Tribunal.
    • To designate officers and employees of the authority and the Appellate Tribunal and identify space for the functioning such as office space, infrastructure, etc. (Section 28 and Section 51).
    • If the appropriate government is the central government, the establishment of the Central Advisory Council is necessary (Section 41)
    • To constitute a ‘Real Estate Regulatory Fund’ as per Section 75 of the RERA Act.

    6. What is the interest rate applicable to the promoter or allotteein case of default?

    As per Section 2 (za), the rate of interest applicable in case of default is the same for both the allottee and the promoter. The appropriate government shall be mentioned the interest rate payable in the Rules.

    7. Does the promoter have the right to change/modify the approved plan of the project after being sanctioned by the authority and disclosed to the allottees?

    Under Section 14 of the RERA Act, a promoter is allowed to change/modify the approved plans only with the approval of the competent authority and after the new plan has been disclosed to the allottees. In case the modification is a major one, the promoter can only make changes to the plans after having approval from two-thirds of the total allottees. Furthermore, the number of apartments/plots held by the promoter will also be excluded in such scenarios to arrive at the number of two-third allottees.

    8. What are the disclosures to be provided on the Regulatory Authority Website?

    The Regulatory Authority has provided the list of disclosures that have to be made by the promoter for public viewing on the authority website. You can also check the detailed list in the Rules.

    9. What is the maximum amount a promoter can collect for booking of an apartment/plot?

    As per Section 13, the maximum amount a promoter can collect as advance fee/application fee towards booking of the apartment/plot is limited to 10% of the concerned property. In case the promoter wished to collect additional funds for the apartment/plot, the promoter will have to enter into an ‘Agreement for Sale’ with the concerned allottee.

    10. Does ‘the common area’ include ‘open parking areas’?

    Yes. As per Section 2(n), ‘the common areas’ include ‘open parking areas’. Hence, the open parking areas cannot be sold/allotted to allottees.

    11. Do both residential and commercial real estate fall under the RERA Act?

    Yes, the Act governs both residential and commercial real estate. Section 2 (e) and Section (j) define both ‘apartments’ and ‘buildings’ including both commercial and residential properties.

    12. Do incomplete/ongoing projects also fall under the RERA Act?

    Yes, all ongoing and incomplete projects fall under the Regulatory Authority’s ambit. As per Section 3(1) states that ongoing projects which have not received the completion certificate are required to register with the authority within 3 months from the date of commencement.

    13. Can I appeal against a decision made by the Appellate Tribunal?

    Yes, you can file an appeal with the High Court if you are aggrieved by the Appellate Tribunal’s decision or order.

    14. What is the penalty for failure to register with the Regulatory Authority? As per Section 59, if the promoter fails to register the property under the Act with the Authority, he/she shall be penalised up to 10% of the estimated cost of the project.

    15. What are the important responsibilities of the Central Advisory Council?

    The primary responsibility of the Central Advisory Council is to consult the central government regarding the implementation of the Act in the country. The council also advises the government on matters regarding the safeguarding of the consumers’ interest, improving the real estate industry, etc.

    16. How long with the Regulatory Authority take to dispose of cases and complaints brought to its notice?

    As per Section 29, the Regulatory Authority shall dispose off the cases and complaints brought to it for consideration within a period of 60 days from the date of filing the case/complaint.

    17. Can the Regulatory Authority revoke the registration of a project?

    Yes, the Authority has the right to revoke the registration of a project for violations under Section 7.

    18. How long will the Regulatory Authority take to register a real estate project?

    As per the Rules and Regulations under the Act, the Regulatory Authority is required to register a project within the completion of 30 days from the date of application.

      

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