Developers who have completed their real estate projects and procured completion certificate from any of the competent authority, including development authority, municipal corporation, and urban improvement trust (UIT) prior to making any sale, marketing or booking in that project, will be exempted from the Rajasthan-Real Estate Regulatory Authority (RERA)’s registration.
The developers falling under the category can approach the Raj-RERA to seek exemption and the authority will issue exemption certificates after charging a standard fee.
The recent order reads, “Such projects are ipso facto exempt from obtaining registration under the Act. However, to fortify the claim, the promoter has to submit the details, make a declaration and apply for the exemption certificate. The authority will issue the certificate on being satisfied with the fact of case and payment of standard fee.”
The orders were issued after Raj-RERA heard recent cases of similar nature.
Mitesh Rathore, an advocate, said, a show-cause notice was issued to three developers in July under Section 59 read with Section 3 of the RERA Act, 2016 for having advertised their real estate projects without obtaining prior registration. However, it was argued that the promoters have not violated Section 3 or any other provision of the Act as neither marketed nor sold any unit in the impugned project before these were completed, he said.
“The authority has been constituted to discharge the mandate of the Act and regulate the duties of promoter towards the allottees, mainly of completing the project in promised time period, but once a project is completed and booking and sale is made only thereafter, there remains nothing for authority to regulate,” added Rathore
RERA registrar Ramesh Chand Sharma said, “The role of RERA comes in when allottees money is involved. The decision will provide relief to the developers who are constructing projects using own fund.”
The authority will soon operationalise an online application module for the purpose in 60 days. The module will also cover other kind of project that do not require registration under the Act.
“The developers requiring exemption can upload their documents online. The projects that are excluded from the definition of ongoing project and others can also apply for certificates.”