AP RERA Registartion process for Builders 2020
About APNA RERA
Andhra Pradesh Real Estate Regulatory Authority (RERA) was set up under the Real Estate (Regulation & Development) Act, 2016. The State Government has already published the Andhra Pradesh Real Estate (Regulation & Development) Act, 2017, the full copy of which can be found on the official Andhra Pradesh RERA website. All builders, developers, and real estate agents are required to follow the rules mentioned in the act and failure to do so may result in strict actions taken against them.
RERA for Real Estate Developers
In order to escalate the responsibility and accountability towards consumers, the RERA has mandated real estate developers (also known as real estate promoters) to register the project (measuring more than 500 square meters or more than eight apartments) and obtain a valid registration number before proceeding. He/she is not permitted to market, advertise or sell the units before the registration of the project. If the project is to be developed in phases then the developer has to obtain registration for each phase separately.
The developer is required to submit all the necessary documents related to the project as prescribed by RERA. It is mandatory for a real estate developer to open an escrow account in a bank recognized by the government and must deposit 70% of the total payment received from the consumer. He/she can withdraw the money and should solely use it for the development of the said project after getting it approved by an engineer, architect or chartered accountant.
If the developer fails to comply with the directions or violates the rules prescribed by RERA or the Appellate Tribunal then, he/she may face imprisonment for up to three years with a fine of up to 10% of the total estimated cost of the project in question.
Advice to Real Estate Promoters from Apna RERA
- Before buying the plot, promoter/developer/builder must do the background check of the seller and the land
- Do the market study, cost & profit analysis, risk analysis, and financial study before planning a project
- Enroll trustworthy investor or investing company and keep yourself updated with the trending stakes to get best finance deals
- Appoint competitive professionals which include sales executives, property specialist accountant, contractors, architects, engineers, surveyors and more
- Appoint a reputed project management company or a trustworthy project engineer to guide you in developing the project
- Obtain all the necessary approvals, sanctions, NOCs, etc. to be on a safer side
- Do a survey on existing properties, upcoming properties, competitors’ projects & prices, survey in the area where you are going to develop the project
- Price your property right and appoint recognized real estate agents for flawless marketing of your property
- Avoid diverting funds received for the said project. It will delay the project and will hamper your reputation
- Develop a proper floor plan and share all the required details with buyers
- Avoid making false promises and cutthroat business attitude
- Fulfill what you had committed while selling the units
Document required for project registration with RERA
- Particulars of the Registration including the bye-laws, memorandum of association, articles of association, etc. in the Promoter Details section
- Passport size Photograph of Promoter(s) in the Promoters Details section, in case of firm/ company photos of all the members, director, chairman need to be attached in particulars section
- Authentic copy of Aadhaar Card/ PAN Card of the Promoter(s) in the Promoter Details section, in case of firm/ company Aadhaar Card/ PAN Card of all the members, director, chairman need to be attached in particulars section
- Authentic copy of PAN Card of the firm/ company etc. when Type of applicant is Firm/ Company etc
- Audited Profit & Loss Account, Balance Sheet, Auditors Report and Income Tax Returns of the promoter for 3 preceding financial years
- Authenticated copy of the legal title deed and other relevant documents reflecting the title / legal rights of the promoter to the land on which the project is proposed to be developed; or non-encumbrance certificate from a revenue authority not below the rank of Tehsildar
- Details of encumbrances on the land on which development is proposed including any rights, title, interest or name of any party in or over such land along with its details
- If Promoter is not the owner of the land on which development is proposed details of the consent of the owner of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner and copies of a title and other documents reflecting the title of such owner to the land on which the project is proposed to be developed
- An authenticated copy of the approvals & commencement certificate from the competent authority obtained in accordance with the laws as applicable for the Real Estate Project mentioned in the application. If the Project is proposed to be developed in phases, an authenticated copy of the approval & commencement certificate from the competent authority for each of the phases
- Sanctioned Plan, Layout Plan & specifications of the proposed project or the phase & the whole project as approved by the competent authority
- The plan of development works to be executed in the proposed project & the proposed facilities to be provided including fire-fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy
- Location details of the project, with clear demarcation of land dedicated to the project development along with its boundaries including the latitude & longitude of end-points of the project
- Pro forma of the allotment letter, agreement for sale and the conveyance deed proposed to be signed with the allottees
- The number, type & carpet area of the apartments for sale in the project along with the area of the exclusive balcony or veranda areas & the exclusive open terrace areas apartment with the apartment (if any)
- Number & areas of the garage for sale in the project
- Number of open parking areas available in the said Real Estate Projects
- Names & addresses of the Real Estate Agents (if any), for the proposed projects
- Names & addresses of contractors, architect, structural engineer (if any) & other persons concerned with the development of the proposed project
- Declaration in “Form B – Declaration, supported by an Affidavit, which will be signed by the Promoter or any person authorized by the Promoter” to be submitted by the Promoter that they will not discriminate against any allottees on the grounds of caste or creed or community or any other grounds at the time of allotment of any apartment, plot or building
RERA Andhra Pradesh Fee for real estate developers
Project Registration fee
To conduct the real estate business, a developer has to pay a registration fee while applying for registration of his project with the RERA authority as prescribed by the government from time to time. He/she can pay the registration fee through NEFT or RTGS system at the time of filing of the web-based online application or through a demand draft drawn on any scheduled bank in case of submission of the application at the Office of the Authority until the web-based online application system is operational zed.
Fee for application for the time extension of Real Estate Project
A developer can apply for the time extension for the completion of his real estate project by filling up “Form E” which should not be less than three months prior to the expiry of the registration granted. The application for extension of registration should be accompanied with a demand draft drawn on any scheduled bank, for an amount equivalent to twice the registration fee as prescribed under sub-rule (3) of rule 3 along with an explanatory note setting out the reasons for the delay in the completion of the project and the need for extension of registration for the project.
Fee for withdrawing the application for registration of the project
In case the promoter applies for withdrawal of application for registration of the project before the expiry of the period of 30 days provided under sub-section (1) of section 5 and in sub-rule (2) of rule 7, registration fee to the extent of 10% paid under sub-rules (3) and (4) above, or the amount as prescribed whichever is more, will be retained as a processing fee by the Regulatory Authority and the remaining amount will be refunded to the promoter within thirty days from the date of such withdrawal.
Note – The information available above is as per the RERA notification by the Andhra Pradesh government. The fee for the registration of real estate projects and agents may vary from state to state.