RERA In West Bengal: Process To Register Project And Agent

In the year 2016, when the Central Government decided to implement the Real Estate Development & Regulatory Act 2016 and insisted all the states to comply with the new set of rules and regulations, the government of West Bengal followed an altogether different path. That means the provisions of RERA in West Bengal are known as WBHIRA (West Bengal Housing Industry Regulations Act).

In this blog, we will discuss the provisions of RERA in West Bengal or WBHIRA, together with the process to register a real estate project and agent over there.

Concept of WBHIRA

The government of West Bengal introduced WBHIRA or the West Bengal Housing Industry Regulation Authority in agreement with the provisions of the Real Estate Regulatory Authority 2016.

Further, the HIRA Act was enforced for regulating the sale in the real estate industry and housing sector with the aim of infusing efficiency and transparency.

Moreover, WBHIRA, an online portal, was designed to register the real estate projects, agents, and complaints pertaining to the real estate industry in the State of West Bengal.

Difference Between RERA and RERA In West Bengal

WBHIRA or West Bengal Housing Industry Regulations Act, as introduced by the West Bengal government, is a bit foggy as compared to RERA 2016, particularly when it comes to a couple of significant factors.

The first is unanticipated circumstances that refrain a builder or developer from adhering to his/her contract. According to the provisions of RERA, these situations could be war, fire, drought, cyclone, flood, or any other natural calamity. However, in WBHIRA, these clauses, together with an additional clause that states ‘…or any other circumstances as may be specified’, have been included by the West Bengal Government.

Further, another difference lies in the definition of garages. According to RERA 2016, any garage must have a roof along with three sides. However, as per RERA in West Bengal, this clause has been abolished completely, and the garage has been defined as any parking place designated by the government authority.

Objectives of West Bengal Housing Industry Regulations Act 

As per section 3 of the WBHIRA, it is mandatory and compulsory for every developer and builder to obtain RERA Registration for his/her real estate project. Further, the aims and objectives of RERA in West Bengal are as follows:

1. To Regulate the Housing Sector;
2. To Promote Housing Sector;
3. To Ensure Sale of Real Estate Project;
4. To Infuse Efficiency and Transparency in the Real Estate Industry;
5. To Safeguard Buyers Interest;
6. To Establish a Speedy Dispute Redressal Mechanism;
7. To Regulate the Matters Incidental Thereto;

Documents Required For Project Registration In WBRERA

The documents required for Project Registration under RERA in West Bengal are as follows:

1. In case of a Company or Firm, the Identity Proof in the form of PAN Card, Aadhar Card, etc., for all the Chairman/ Members/Directors;
2. Address Proof in the form of Valid Passport, Property Tax Bill, Utility Bill, etc.;
3. A copy of Memorandum of Association;
4. A copy of Articles of Association;
5. In case of the Owned Property, registered Sale Deed;
6. Copies the Field Sketches, together with the measurements;
7. An authorisation letter from the Owner;
8. Land Title Search Report from a well-reputed Advocate;
9. Details of the Site Plan details, together with the measurements as on-ground comprising the diagonals;
10. Details of the Encumbrances;
11. Proof of the Plan and Proceedings;
12. Details of the Area Mortgaged to the Regulatory Authority for the Approval of the Plan;
13. If the projects are planned to be developed in phases, then, in that case, the details of the phases, prints of the plans, and operations taken for the phases to be enclosed;
14. Performa of the Allotment Letter;
15. Agreement for Sale;
16. Conveyance Deed;
17. Facilities proposed in the project, together with the proof of Project Prospectus;
18. Project development address, together with the landmark;
19. Location details of the estate project plan;
20. Financial Contract with any bank;
21. Signed Proposed Deed;
22. Details of Fixtures, Fittings, Amenities and the Common Areas duly approved by the Competent Authority;
23. Structural Stability Certificate;
24. Copy of Insurance of  Contractor;
25. Building All Risks Policy;
26. Copy of the Insurance of Title of the Land;

Documents Required For Agent Registration In WBHIRA

The documents required for Real Estate Agent Registration under RERA in West Bengal are as follows:

1. A copy of PAN Card;
2. Enterprise Details, such as Name, Registered Address, Type of Enterprise, etc.;
3. Particulars of Registration;
4. Photograph of the said Agent;
5. ITRs for the last 3 years;
6. Land related Legal Documents;

Project to Register Real Estate Project in WBHIRA

The steps involved in the process to register Real Estate Project in WBHIRA are as follows:

Visit the Official Portal

In the first step, the applicant needs to access the official website^[1];

Click on Online Registration

Now, in the next step, the applicant requires to click the fifth option named “Online Registration” from the menu bar;

Online Registration for Real Estate Project

After choosing the fifth option, now click on the option shown to get redirected to the user registration page;

User Registration Application Page

Now, the applicant to require to fill in the details asked, and after that, select the option “Register”.

Verification Email

After clicking on the option “Register”, an email for verification will be sent to the registered email address. The applicant needs to copy and paste the URL to the browser to authenticate his/ her email and enable login;

Visit the Login Portal

Now, the applicant needs to visit the Login Portal and enter the login credentials provided;

Provide Details for Project Registration

Now, the applicant requires to enter the details asked, such as Basic Details, Project Type, Organisation Type, etc., in the Project Registration Form;

Upload Necessary Documents

After that, the applicant needs to upload all the necessary documents to complete the process of real estate project registration under RERA in West Bengal;

Make Payment

In this step, the applicant needs to make the payment based on the type of land, i.e., whether it is Commercial or Residential. Further, the said payment can be done online by using either of the following modes:

1. Credit Card;
2. Debit Card;
3. Internet Banking;

Acknowledgement Slip

After making the successful payment, the applicant will receive an acknowledgement slip, which he/ she can download for future reference;

Details To Be Submitted After Project Approval

The details to be furnished after the approval of the project under RERA in West Bengal are as follows:

1. Details of the Project;
2. Quarterly Status Update;
3. NOC Approvals;
4. Promoter Profile to be Uploaded with the Project onto WBHIRA website;

Project to Register Real Estate Agent in WBHIRA

The steps involved in the process to register Real Estate Agent in WBHIRA are as follows:

Visit the Official Portal

In the first step, the applicant needs to access the official website;

Click on Online Registration

Now, in the next step, the applicant requires to click the fifth option named “Online Registration” from the menu bar;

Online Registration for Real Estate Agent

After choosing the fifth option, now click on the option shown to get redirected to the user registration page;

Application Page for User Registration

Now, the applicant to require to fill in the details asked, and after that, select the option “Register”.

Email for Verification

After clicking on the option “Register”, an email for verification will be sent to the registered email address. The applicant needs to copy and paste the URL to the browser to authenticate his/ her email and enable login;

Visit the Login Portal

Now, the applicant needs to visit the Login Portal^[2], and enter the login credentials provided;

Provide Details for Agent Registration

Now, the applicant requires to enter the details asked, such as Basic Details, Company Details, etc., in the Agent Registration Form;

Upload Necessary Documents

After that, the applicant needs to upload all the necessary documents to complete the process of real estate agent registration under RERA in West Bengal;

Make Payment

In this step, the applicant needs to make the payment by using either of the following modes:

1. Credit Card;
2. Debit Card;
3. Internet Banking;

Acknowledgement Slip

After making the successful payment, the applicant will receive an acknowledgement slip, which he/ she can download for future reference;

Fees And Charges Under RERA In West Bengal

The fees and charges under RERA in West Bengal can be summarised as:

Registration Fee Charged From Promoters

For Residential Real Estate Projects, where the proposed area of the land is not more than 2000 sq./mtr	Rs 10 per sq./mtr
For Residential Real Estate Projects, where the proposed area of land is more than 2000 sq./mtr but less than 5000 sq./ mtr	Rs 20 per sq./mtr
For Residential Real Estate Projects, where the proposed area of land is more than 5000 sq./ mtr	Rs 30 per sq./mtr
For Commercial Real Estate Projects	Rs 30 per sq./mtr

Registration Fee Charged From Real Estate Agents

In case of an Individual Real Estate Agent	Rs 25000
For anyone other than an Individual Real Estate Agent	Rs 250000

Other Charges Under RERA in West Bengal

Charges for Filing Appeal	Rs 1000
Charges for Filing Complaint	Rs 1000

Conclusion

In a nutshell, the Housing Industry Regulatory Authority (HIRA) is established under section 20 of the West Bengal Housing Industry Regulatory Act 2017, which has been printed in the Official Gazette, dated 17.10.2017 and came into effect on 01.06.2018.

Further, the main objective of RERA in West Bengal is to regulate the development and growth of the state’s real estate industry, confirming the sale of land or building, infusing transparency and efficiency in dealings and transactions, safeguarding buyers’ interest, and establishing a mechanism for the speedy redressal of grievances.

Lastly, it is compulsory for every developer or builder to get his/her real estate project registered under RERA in West Bengal. Further, the same will be done as per section 3 of the West Bengal Housing Industry Regulatory Act 2017.

Lastly, in case of any other doubt or confusion, reach out to Swarit Advisors, our RERA Experts are there to cater to all your needs and requirement concerning RERA Registration and RERA Advisory.

Also, Read: What is the Compliance of RERA under State?