Registering an Apartment Without Individual Property Registration Under RERA

When it comes to property registration, especially in the context of the Real Estate Regulatory Authority (RERA), there is often confusion about the requirements for registering an apartment. Understanding these regulations is crucial for both buyers and sellers, as it can impact legal compliance and transactions. Let's explore the specifics and clarify common misconceptions.

Key Points to Consider

Individual Property Registration under RERA is not always necessary. Total project area and the number of units determine whether RERA registration is required. For projects with more than 8 apartments or a plot size greater than 500 square meters, RERA registration is mandatory. The Sub-Registrar requires a RERA project registration certificate for apartment registration. Lack of RERA registration for smaller projects or apartment numbers.

Understanding the Regulatory Landscape

The Real Estate Regulatory Authority (RERA) is a statutory authority to regulate and control the real estate sector in India. Its primary objectives are to protect the interests of buyers and promote transparency and transparency in the real estate market.

However, it is important to note that not all properties are subject to the provisions of RERA. For instance, individual properties owned by private individuals do not need to be registered under RERA, unless the specific project being developed falls under its regulatory banner. This is a common misunderstanding and a point of clarification.

When RERA Registration is Necessary

According to legal guidelines, if your project involves constructing a building on a plot of land greater than 500 square meters and the project includes more than 8 apartments, then RERA registration is mandatory. This applies even if individual apartments or properties are unregistered or outside the ambit of RERA regulations.

To register your apartment with the Sub-Registrar, you need to provide the necessary documents, including the RERA project registration certificate. Without this certificate, the Sub-Registrar cannot register your apartments.

Exceptions and Exemptions

It's important to understand that for smaller projects or those with fewer than 8 apartments, RERA registration is not required. As mentioned, if the total project area is less than 500 square meters or the number of units in the project is less than 8, then RERA registration is not necessary. This is a significant point of relief for many developers and owners facing compliance challenges.

Conclusion

While the regulatory landscape for property registration can be complex, it is crucial to understand the requirements for individual properties and projects. Typically, individual property registration under RERA is not a requirement, unless the project itself falls under the necessary threshold mandated by RERA. Always consult legal experts to ensure compliance and clarity.

Best Wishes,

Rajeev K. Jha, Advocate

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