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What disclosures must a real estate developer make under RERA?

22-Aug-2024
RERA

Answer By law4u team

Under the Real Estate (Regulation and Development) Act, 2016 (RERA), real estate developers (also referred to as builders) are required to make several key disclosures to ensure transparency and protect the interests of buyers. These disclosures are crucial for maintaining trust and accountability in the real estate market. Here’s a detailed overview of the disclosures that developers must make under RERA: 1. Project Registration Details: 1.1. Registration Information: Project Details: Developers must provide comprehensive details about the project, including the project name, type, and the legal status of the land on which the project is being developed. Land Title: Proof of legal title of the land, including ownership documents and any agreements related to the land. 1.2. Project Plan: Layout Plans: Detailed project plans, including the layout, building plans, and any approvals obtained from local authorities. Specifications: Information about the specifications of the construction, including materials and finishes. 2. Financial Disclosures: 2.1. Project Cost: Cost Breakdown: Disclosure of the total project cost, including a breakdown of the costs associated with construction and development. 2.2. Utilization of Funds: Separate Account: Developers must maintain a separate bank account for each project, where the funds collected from buyers are deposited. The money must be used solely for the development of the project. 2.3. Budget and Expenditure: Budget Details: Disclosure of the budget allocated for different phases of construction and development. Expenditure Reports: Regular updates on the expenditure of funds collected from buyers. 3. Project Timeline and Delivery: 3.1. Completion Date: Completion Schedule: The developer must specify the expected date of completion and delivery of the project. Delay Communication: Any delays in project completion must be communicated to the buyers with valid reasons and revised timelines. 3.2. Possession Date: Possession Schedule: The date on which possession of the property will be handed over to the buyers. 4. Legal and Regulatory Compliance: 4.1. Approvals and Clearances: Regulatory Approvals: Disclosure of all necessary regulatory approvals and clearances obtained from local authorities, including building permissions and environmental clearances. 4.2. Compliance with RERA: RERA Compliance: Adherence to RERA regulations, including timely submission of project updates and compliance with the terms of registration. 5. Advertising and Marketing: 5.1. Accurate Information: Marketing Materials: All advertising and promotional materials must accurately reflect the project’s features, specifications, and terms. Misleading or false information is prohibited. 6. Defects Liability: 6.1. Defects Liability Period: Liability Information: Disclosure of the defects liability period during which the developer is responsible for rectifying any defects or poor workmanship. 7. Occupancy Certificate: 7.1. Certification: Occupancy Certificate: Developers must provide the occupancy certificate, which confirms that the project complies with all building and safety regulations and is ready for occupation. 8. Other Disclosures: 8.1. Changes and Amendments: Changes in Plans: Disclosure of any significant changes to the project plans, design, or schedule. Buyers must be informed of such changes and their impact on the project. 8.2. Advance Payments: Payment Schedule: Clear information about the payment schedule, including the amount of advance payment required and the schedule for subsequent payments. Summary Under RERA, real estate developers are mandated to provide detailed disclosures to ensure transparency and protect buyer interests. These disclosures include project registration details, financial information, completion timelines, legal and regulatory compliance, accurate advertising, defects liability, occupancy certificates, and information on changes or amendments. By adhering to these disclosure requirements, developers help maintain trust in the real estate market and ensure that buyers are well-informed about their investments.

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