Complete Guide on Phase-Wise RERA Registration

Phase-wise RERA Registration
Karan Singh
| Updated: Feb 04, 2021 | Category: Government, RERA

Because of the everyday complications in the Real Estate Sector, the RERA Act, 2016 has introduced the idea of phase-wise RERA Registration for a real estate projects, and it begins with approvals for the beginning of a project and RERA Registration with the governing authority. The RERA Act has acknowledged that a large land or settlement cannot be developed in a single go and maybe the developers want to change or modify plans of the succeeding projects launched in the township. So, a developer of a real estate can make changes and modification in the future to the different phases not registered yet so that time-wise ownership can be delivered. Scroll down to check more information regarding the Phase-wise RERA Registration.

What is the Phase-wise RERA Registration in India?

Section 3 of the RERA Act states the following points:

  • The promoter cannot sell, market, offer for sale, book or advertise, or invite anyone to purchase any building, plot, apartment in the project, in any groundwork area without registering the real estate project under the RERA Act, 2016.
  • Provided that the projects that are ongoing on the commencement date of this Act and the accomplishment certificate have not been delivered, the promoter must fill the application to the authority for the phase-wise RERA registration within three months commencement of RERA Act.

As we mentioned above, the section suggests that any ongoing real estate project in the planning area must be registered within three months of the beginning of this Act. However, this must be organized in harmony with the section that only says only ongoing projects require phase-wise RERA registration which has started booking or advertising or marketing by any means before introducing RERA. The decision about registering the real estate project in multiple phases or is an acute manner.

  • Key points relating to registration on a phase-wise basis:
  1. According to Section 3 (2) of the RERA Act, 2016, where the real estate projects are to be developed in phases, every phase must be considered a stand-alone project. The promoter shall be required to obtain phase-wise RERA registration for each phase separately.
  2. According to Section 4 (2) of the Act, 2016, the promoter must surround the following vital documents for the registration application on a phase-wise basis:

a). Submit an authenticated copy of the approvals and certificate of commencement from the authority for the real estate projects which has to be developed in different phases.
b). The layout plan, authorized plan, and specifications of the designated phase as certified by the competent authority.
c). According to Section 4 (2) (I) (C) of the RERA Act, 2016, a declaration maintained by an affidavit to complete the concerned phase.
d). As per this system, the residents can get the needed RERA protection by putting this phased process.

Also, Read: How RERA helps in transforming the Real Estate Market of India?

Points to Consider for Phase-wise RERA Registration

Following are some vital points which are kept in mind while evaluation the ideal option:

Points to Consider for Phase-wise RERA Registration
  • Penalty Amount: Usually, the penalty gets charged on the expected project cost. In phase-wise RERA registration, the expected cost will get limited to the specific area registered as projects. In case of default, the responsibilities of anyone phase, the entire project will not endure the cost.
  • Time to Complete the Project: At the time of project registration, it is mandatory to provide the project completion time. In case of one registration of the entire project, any internal delay of different towers or blocks can be adjusted within the given time of project completion, which is generally to keep certain possibilities in mind. For a phase-wise RERA Registration, the promoter is visible to delays on several phases.
  • Association under GST, Income Tax: The primary concept of project registration is limited to RERA only. For all other figures, the complete project is provided for taxation, and the eligibility of benefits that have to be planned by considering the complete project is not phase-wise. But, now the RERA is considering each phase as a separate real estate project, and one may think of taking the similar stand in other figures if it found valuable.
  • Addition in Plan: The RERA Act requires the previous written consent of a minimum of 2/3 of the allottees in case of any additions or modifications in the real estate project plans and building specifications. For phase-wise RERA registration, the prescribed necessities can be fulfilled more quickly as the 2/3 requirements of the allottees will be limited to the phase rather than the real estate project.
  • Market Strategy: The marketing strategies must require restructuring in phase-wise RERA registration. The promoter needs to show the separate RERA number for each phase on hoardings and banners, the plans and documents for advertisement, social media marketing, etc.
  • Project Accounting: If any company maintains a one set of books of accounts of the complete real estate project, the direct costs and the common expenditures need to be separated between all the phases by taking a proper basis in case of different registration are taken for each phase.
  • Cash Flow, Cash Factor: In the case of phase-wise RERA registration, a separate bank account should be maintained for each real estate project as per the provisions under the Act. Once a project gets finished, the promoter can control a bank account and withdraw the amount from the same, once the phase registration is completed. But, in case of one registration for the whole project, there is a possibility that the funds may get blocked pending the completion of the project, particularly in some scenarios where the real estate project margin is greater than 30%.
  • Formation of Association of Allottees: RERA Act requires creating an association of allottees and transfer of common areas within three months of the issuance of occupancy certificate. The necessity to form an allottees’ association would be started on completion of each phase and thereby increasing the compliance load and giving up the control over the project phase at an initial stage.

Conclusion

It concluded that the buyers must invest in real estate projects after doing all the research and the developers should maintain their quality work and ethics while delivering any building, flat, etc. However, it is crucial to make some critical actions like financing in the form of a bank loan or other means and taking approvals required for the beginning of the real estate project from the competent authorities that may be taken before the registration RERA Act.

Also, Read: What are RERA Related Issues?

Spread the love
Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

 

Related Articles

IPRS License in Mumbai
| Date: Jun 14, 2022 | Category: Music License

How to Get IPRS License in Mumbai?

IPRS stands for Indian Performing Right Society and is a representative body of artists like lyricists, music owners, publishers, and music composers. The primary objective of IPRS is to collect...

Read More
BIS ISI certification
| Date: Sep 02, 2022 | Category: BIS

BIS ISI certification for Automotive Tubes & Tyres

In the year 2011, the government made it mandatory for all the tyre manufacturers in India to meet the BIS standards for tyres. The dealers can only sell the tyres...

Read More
Transfer of Title under RERA
| Date: Jan 22, 2021 | Category: RERA

Transfer of Title under RERA – A Complete Guide

The transfer of title under RERA means it is an act of transferring the property ownership from one individual to another. Before transferring the ownership to other the promoters and...

Read More

ARTICLES

Hi! My name is Akanksha! Let's talk.