Project Registration – Haryana RERA

This Article is regarding the necessary details that are required for Project Registration in Haryana Real Estate Regulatory Authority (HARERA). This Article includes the documents required, the procedure and the fee structure as per the HARERA rules.

Since the enactment of Real Estate Regulatory Authority Act, 2016 (RERA, 2016), the laws and compliances regulating the real estate industry has been narrowed and consolidated into one single legislation. The Central Act – RERA, 2016 was enacted with a purpose of regulation and promotion of real estate sector, sale of projects in a organized and efficient manner and to protect the interest of consumers through efficient adjudicating mechanism.

The subject involving real estate, land and registration and transfer of deeds are regulated by a combination of Centre and State Laws. This is the reason that although the parent act – RERA, 2016 has been enacted by the parliament but the Parliament has given the States and Union Territories to establish their own Authorities and Rules. The Parliament under Section 20 empowers States and UTs to establish their own Authority with various functions and under Section 85 of the Act has directed the Authorities to form their own rules for carrying forward the purpose of the legislation.

This is the reason why every state has its own Real Estate Regulatory Authority and has its own fee structure for promoter and agent Registration.

Through this Article you can ascertain the documents, procedure and fee structure for PROJECT REGISTRATION in HARYANA.

REQUIRED DOCUMENTS

The documents required as per the official website of Haryana Real Estate Regulatory Authority are –

1. Bank Draft/ Bankers cheque of the registration fee.
2. Copy of license along with schedule of land.
3. All renewal letters relating to the validation of license.
4. Ownership documents of licensed area.
5. Copy of bilateral agreement executed with the DTCP at the time of grant of license.
6. Copy of LC-IV executed with the DTCP at the time of grant of license.
7. If the promoter is not a licensee, then:
   1. A copy of the registered collaboration agreement/joint development agreement along with gist.
   2. A copy of the registered irrevocable Power of Attorney.
   3. Approval of change in beneficial interest viz. change in developer by the DTCP.
8. Documents relating to the entry of license and collaboration agreement in the revenue record.
9. In case of a plotted colony, then:
   1. The latest layout plan
   2. Demarcation plan
   3. Zoning plan
10. In case of group housing/ commercial sites, then:
    1. A copy of the approved Zoning Plan.
    2. A complete set of the last approved building plans.
11. Cash flow statement of the proposed project.
12. Certificate from a Chartered Accountant certifying that the information provided by the applicant in Form REP-I-C-X is correct as per the books of Accounts Balance Sheet of the applicant.
13. Non-default certificate from a Chartered Accountant.
14. Copy of the draft allotment letter.
15. Copy of the draft agreement.
16. Gist of important provisions of draft agreement.
17. Certificate of Incorporation / MOA/ AOA of developer (if company).
18. Approvals – Water/ Environment/ AAI, etc.
19. Balance Sheet – last 3 yrs. of developer/ licensee.
20. Project report showing the estimated cost of the project.
21. Detail of the securities furnished to the banks/ financial institutions against the aforesaid loan.
22. Total liabilities against the project up-to-date.
23. Copy of the address proof, Chairman, Managing Director, Director of the Company, Society, Trust, Authority as required.
24. Copy of CIN No. of the company.

FEE STRUCTURE

The fee structure as per the schedule II of the REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017 is –

Rates of Registration Fee for Promoter
(Rs. Per sq. mtr.)

Note: – Districts in Haryana are categorized on the basis of development potential into Hyper, High Potential, Medium and Low Zones. The categorization can be ascertained by the below table –

PROCEDURE

To ease the registration procedure of a Project in Haryana, the State Government has made an online procedure where you will have to upload all the documents and submit the requisite fee.

Once the online procedure is complete, the documents are uploaded and the payment is made an online payment and registration receipt will be generated.

This online receipt is to be attached with hard copy of all the documents that are uploaded online and a signed copy is to be submitted at the Authority branch against which an Acknowledgment will be received.

PENALTY FOR DEFAULT IN REGISTRATION

Project Registration is mandatory under Section 3 the RERA Act, 2016 and no promoter can sale or purchase or act on behalf of anyone without registration. If a promoter fails to register its project under Section 3 then he shall be liable to penalty under Section 60 of the RERA Act.

The penalty of non-registration can extend up to 10% of the estimated cost of the project and may also be imprisoned for upto3 years.

For more details you can contact us at contactus@hariharalaw.com