The Rajasthan RERA Rules have been notified, and the website was launched on June 1, 2017. The state has designated the 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 size of the apartment based on carpet area, even if it was earlier sold on another basis (such as super area, super built-up area, built-up area, etc.). However, this shall not affect the validity of the agreement between the promoter and the allottee.
- In the case of plotted development, the promoter shall disclose the area of the plot being sold to the allottees.
- Where the project is developed in phases, each building or group of buildings declared by the promoter at the time of registration shall be considered as a separate phase. The promoter must obtain registration for each phase separately.
Definition of “Ongoing Project”
For the purpose of this rule, an “ongoing project” means a project where development is in progress and for which the completion certificate has not been issued. However, a project will be excluded if it meets any of the following criteria on the date of commencement of the relevant provisions of the Act:
- Common areas and facilities have been handed over to the association of allottees or the competent authority for maintenance.
- Sale/lease deeds or possession letters of at least 60% of the apartments/houses/plots in the project or phase have been executed.
- All development works have been completed, and a completion certificate has been obtained from a chartered engineer in practice as per the prevalent Township Policy.
- A completion certificate has been obtained from the competent authority, or all development works have been completed, and an application has been filed with the competent authority.
- Where development is done in phases, each phase shall be considered as a separate project, and any phase that meets the above conditions shall be excluded.
- Competent authorities/local bodies have started issuing lease deeds for plots through camps or other means in township schemes.
- Services have been handed over to the local authority for maintenance, or more than 50% of the development charges for the same have been deposited with the local authority.
Conclusion
The Rajasthan RERA rules ensure transparency and accountability in real estate. Developers must disclose project details, and phased developments require individual registrations. Buyers can now invest with more confidence!
Frequently Asked Questions
Q. What is considered an ‘ongoing project’ under Rajasthan RERA?
A project where development is still in progress and no completion certificate has been issued.
Q. Do ongoing projects need to register under RERA?
Yes, unless they meet specific exemption criteria, such as completed development works or handed-over common areas.
Q. How does RERA affect phased real estate projects?
Each phase of a project is treated separately and must obtain RERA registration independently.