Like every other State, the Telangana government has also mandated all ongoing and new real estate projects to get registered under the Real Estate (Regulation and Development) Act (RERA). However, due to the prevailing confusion around the norms and its registration process, stakeholders have been asking several questions. 99acres.com has listed out some of the frequently asked questions (FAQs) about Telangana RERA.
The Telangana Real Estate Regulatory Authority (TSRERA) has registered over 1,000 ongoing real estate projects across the State, so far. Still, developers are hesitant and dubious about the provisions prescribed under the Act. Even homebuyers are uncertain about some of the provisions and the extent to which the Act protects them.
Here are some of the common frequently asked questions about Telangana RERA.
Do renovation and redevelopment projects fall under the ambit of RERA?
As per the Telangana RERA, renovation or redevelopment projects are outside the purview of RERA. The government has mandated all the realty projects that have gained building permissions on or after January 1, 2017, by the competent authorities to register with the authority.
Does a developer need to register if the project is being developed on the area more than 500 sq m, but has less than eight units?
Yes, all new and ongoing projects across the State covering an area of above 500 sq m OR have more than eight units are mandated to get registered under the Act. If a project fulfills either of these categories, it must be registered under Telangana RERA.
Can a developer include a new land parcel in an already RERA-registered land parcel without seeking a separate RERA registration certificate for the former?
No, the developer must register the newly bought land parcel with the real estate regulatory authority, if he wishes to include the land for the development of the ongoing real estate project. The adjoining land must be registered as it was not a part of the already-registered realty project.
Is it mandatory to register projects which have received part occupancy certificate (OC)?
According to Telangana RERA norms, all realty projects that have received building permissions on or after January 1, 2017, by the competent authorities are mandated to register with the authority. Any project approved before this date, with or without OC, has been exempted from the RERA’s ambit.
If a registration application by a promoter is not approved by the authority within the stipulated time, is it deemed registered automatically?
Yes, if the authority fails to grant or deny (on various grounds) approval to the submitted application for the registration of the project within 30 days, then the application will be approved automatically.
In case of delayed possession, will the buyer be entitled to get interest on the amount paid? Can a buyer approach RERA in such cases?
Yes, the developers will have to pay an interest amount for every month of delay, till they hand over the possession letter. This will be carried out in accordance with the model form of agreement between the developer and the buyer.
A homebuyer can file a complaint against the errant builder to the regulatory authority if the developer denies paying the interest amount in case of delayed possession.
Can a developer/an agent file a complaint against a buyer?
Yes, a developer/agent can register a complaint to the authority for any violation of the norms prescribed under the Act. The Act mandates all stakeholders to abide by the clauses stated under the builder-buyer agreement. Either of the party can file a complaint under RERA if the other party defaults on any of the mentioned clauses.
In how many days a complainant can expect disposal of the complaint?
Complaints should be disposed of within 60 days from the date of filing the same. If the authority fails to resolve the complaint, it is required to attach reasons for the same.
In case of buyers’ default, can a developer cancel the allotment?
If there is a provision of termination specified in the model form of agreement, the Telangana Real Estate (Regulation and Development) Act allows the developer to cancel the allotment of the housing unit.