This article has been written by Viral Vitthalbhai Nayak, pursuing a Diploma in Corporate Litigation and has been edited by Oishika Banerji (Team Lawsikho).
It has been published by Rachit Garg.
The real estate sector in India contributed 7% of the total Gross Domestic Product (GDP) in 2022 and is expected to reach 10% in 2025 (according to Timesproperty.com). The demand for various residential and commercial units of real estate will increase considering the population growth and economic development in India. Thus it is highly expected that such a prominent sector must be regulated in order to facilitate not only sustainable development of the Real estate sector but also safeguard the interest of its associates.Thus RERA has its critical role to play for regulating the real estate sector in India. Project registration process in RERA is one of the key elements for the authority to regulate the sector, here you will find the step by step process of registering the project under Gujarat RERA.
Gujarat Real Estate Regulatory (Gujarat RERA)
In order to regulate the real estate sector in India, the Government of India has enacted the Real Estate (Regulation and Development) Act, 2016 which came into force from 01.05.2017. The state government of Gujarat as per the power conferred under this Act formed the Gujarat Real Estate Regulatory Authority (Gujarat RERA). The main objective of Gujarat RERA is to safeguard the interest of both the promoters and allottees.
Projects which needs to be register under Gujarat RERA
Every projects which falls under any planning area needs to be register under the Gujarat RERA if the promoter want to do advertising, marketing, take booking, sell or offer for sale any plot, apartment or building in any real estate project or part of it unless,
- The area of land which is going to be developed does not exceed 500 sq.mtr or the number of apartments which are going to be developed does not exceed 08 considering all phases.
- Promoter has obtained completion certificate of the said project before 01.05.2017.
- Projects under repair/renovation or re-development in which there will be no fresh marketing and allotment.
Gujarat RERA Portal 1.0 and 2.0
Initially in order to get your project registered with the Gujarat RERA you need to submit hard copy of all relevant documents to the concern local development authority manually and wait for the assessment, queries,query submission and finally you could get the registration certificate of your project but with the introduction of Gujarat RERA portal 1.0 the process of application became online and now there is central processing of all application of project registration at Gujarat RERA Gandhinagar. With the further invention into the portal Gujarat RERA has launched Gujarat RERA portal 2.0 in order to facilitate more accurate, speedy and smooth processing of applications.
NOTE – NEW USERS CAN SIGN UP IN EITHER PORTAL 1.0 OR 2.0
List of documents required for project registration under Gujarat RERA
You need to arrange the below-listed documents before applying for project registration as it will make the process hassle-free and easy.
- Registration certificate of company/partnership firm/LLP as the case maybe.
- Memorandum/article of association of the company in case of company.
- Partnership deed in case of the partnership firm.
- LLP deed in case of LLP.
- PAN Cards of the Entity, partners, and directors as applicable.
- Promoters photographs and details.
- Authorised Person’s photograph and details.
- Authorisation certificate.
- RERA Bank account details.
- Previous project details.
- Proposed project details.
- Agent, Architect, Structural engineer, Contractor details.
- Financial documents –
- Balance sheets (last 3 years).
- Profit & loss account (last 3 years).
- Cash flow statement (last 3 years).
- Directors report (In case of co.) (last 3 years).
- Auditor report (last 3 years).
- Income tax return acknowledgement (last 3 years).
- Technical documents –
- Commencement certificate.
- Approved building plan/plotting plan.
- Approved layout plan.
- Approved section plan/Infrastructure plan.
- Area development plan.
- Draft brochure (As per RERA).
- Non-agriculture order (NA order).
- NOCs like fire, etc.
- Project photos.
- Project specifications.
- Legal documents –
Land documents like:
– Registered purchase/sale deed with index copy
– Registered gift deed with index copy
– Registered will copy
– Registered release deed with Index copy
Revenue records like:
- Property card
- Gam namuna no.2
- Encumbrance certificate (By an Advocate having experience of 10 years or more).
- Title report (By an Advocate having experience of 10 years or more).
- Title certificate (By an Advocate having experience of 10 years or more).
- Form B (Along with Drainage and Carpet affidavit).
- Form B-1 (Affidavit by the promoter at the time of development agreement).
- Form B-2 (Affidavit by promoter and landowner at the time of development agreement).
- Proforma for agreement for sale.
- Proforma for allotment letter.
- Proforma for sale deed.
Project registration process under Gujarat RERA
- User account creation
- Existing users: Existing user means a user who has already registered their project under Gujarat RERA Portal 1.0. Existing users can claim their user account and projects from Gujarat RERA Portal 1.0 to Portal 2.0 (Refer to the guidelines available for the same on Gujarat RERA Portal 2.0).
- New users:
- New users can create accounts on either Portal 1.0 or Portal 2.0.
- Portal 1.0 – In order to create a user account on portal 1.0 user has to visit Gujarat RERA portal 1.0 and
- Click on Project registration tab and after that select promoter type ( Individual/Partnership firm/Company/LLP and so on)
- Then after entering Email ID ( All future communication from the Gujarat RERA Authority will be on this Email ID) (Use different Email ID for different projects as its unique for each project).
- Once you click the NEXT tab you will be redirected to the OTP verification page, enter the OTP received on Email ID then press the NEXT tab and fill up the required details.
- Once it is done Promoter can access his/her account using the Email ID provided at the time of User account creation.
- Portal 2.0 – In order to create a user account on portal 2.0 user has to visit Gujarat RERA Portal 2.0 and
- Click on sign up (for new users) and then has to enter your Email ID (This Email will be your login ID)
- Then after entering the mobile number and having to select the type of promoter.
- Then click send OTP, which will redirect you to a new page where you have to enter OTP received on Email ID and mobile number and press submit.
- After that you have entered the required details and have to upload files as needed, once you are done press create user tab.
- After this Gujarat RERA team will check and process user account creation requests and approve the same.
Application for project registration on portal 2.0
- LOGIN INTO THE OFFICIAL WEBSITE
Visit the official website of Gujarat RERA gujrera.gujarat.gov.in and click on the login tab available at the upper right side and enter the Promoter user login credential and click Login(for existing user).
- APPLY FOR PROJECT REGISTRATION
You will be redirected to the next page where you will find the Apply tab at the upper right side of the page, click the tab then click Apply for the new project.
- ENTER PROMOTER DETAILS
You will then ask to enter promoter details, click on the radio button where applicable and all data which are already there in the portal will be auto fetched and you will not have to enter it manually (This is the added feature of Portal 2.0).
- ENTER PREVIOUS PROJECT DETAILS
The next screen will be previous project details, if the promoter has any previous project click the radio button and all details will be auto-fetched.
- ENTER PROJECT DETAILS
Here you have to enter your proposed project details for which you are applying for registration like:
- Project name/ Project type
- Project status
- Project description
- Project start date
- Project end date
- Various land area details
- Garages and parking details
- Land revenue details
- RERA bank account details
- ENTER DEVELOPMENT DETAILS
In development details page you need to enter project development details like,
- Inventory details – In which – Type of Inventory/ Number of Inventory/ Out of which number of Inventory booked/ Carpet area/ area of exclusive balcony/ area of exclusive open terrace.
- Internal development work – Road system/ water supply/ sewage and drainage/ electricity supply/ solid waste management are going to be self developed or will be provided by local authority.
- ADD PROFESSIONALS OF THE SAID PROJECT
In this page, you need to enter the details of RERA registered professionals like agents, architects, structural engineers, and contractors and just by entering their PAN there will be auto-fetched information about all of them, click on add a tab to recognise these professionals as project professionals.
- PROJECT DOCUMENTS UPLOAD
At this page you need to upload all Financial, Technical and legal documents in prescribed format and size and then after do tick the mark to check box of declaration by the promoter and press next.
- PROJECT BLOCKS DETAILS
In this screen you need to enter each block details separately and need to enter block name as per the approved plan as at this stage whatever name of the block you enter will be reflected in further stages of this application.
(These Blocks must be as per approved plan and have been entered as in annexure of Form-3 CA certificate).
- PROJECT LOCATION
Project location is needed for the easy and accurate access of the project, you need to enter latitude and longitude details of the project here and select the project boundary so that anyone can view the project on Map hassle free.
- PROJECT PROFESSIONAL ASSIGNMENT
RERA has given an opportunity and imposed certain responsibility on various professional like Architect,Engineer,Chartered accountant to play active role and assist RERA to regulate the Real Estate sector by verifying and signing various forms required by it, like,
- Form-1 which has to be filled up and signed by an Architect having COA number,
- Form-2 which has to be filled up and signed by an Engineer and
- Form-3 and MOF( if applicable ) by a Chartered accountant in practice in India.
So you have to assign Form-1,2,3 and MOF to the concerned professional and the professional by login into their account either accept or reject the said form.
- ACCEPTANCE OF ASSIGNMENT BY PROJECT PROFESSIONAL
After promoter has added and assigned various professional for signing the required forms, the professional has to login to their respective account and accept the the assignment request,
- FORM-1-ARCHITECT CERTIFICATION
Form-1 Architect has to accept and fill the required details and submit the same, after that he/she has to send the pdf link to the promoter for preview,
Once the preview has been done the promoter has to accept it.
- FORM-2-ENGINEER CERTIFICATION
Form-2 Engineer has to do the procedure as mentioned above and Once it is done the promoter has to preview and accept it.
- FORM-3-CA CERTIFICATION
Form-3 Chartered accounts also need to fill the required details and send the preview to the promoter, Once it is done the promoter has to preview and accept it.
- PROMOTER DECLARATION
In this screen promoter has to file his/her declaration on various points provided.
- GUJARAT RERA REGISTRATION FEES PAYMENT
Promoter has to pay project registration fees as required by Gujarat RERA.
- APPLICATION ACKNOWLEDGEMENT NUMBER
On successful payment of the registration fee Acknowledgement number will be generated save this for future references.
- TAKE PRINT OF APPLICATION AND FEES PAYMENT
Now take a printout of the application form and fees payment receipt.
- QUERY RESOLUTION AND GETTING THE REGISTRATION CERTIFICATE OF THE PROJECT
Various teams of the Gujarat RERA like Technical team, finance team, legal team,etc will check the project registration application and provide queries if any, the promoter has to correct the same and submit it online through a portal to the concerned department. Once all queries have been resolved the promoter will get his/her project registered under Gujarat RERA and get the project registration certificate.
So, here we have seen the whole process of project registration under Gujarat RERA. And we can see one of the tools of Gujarat RERA to regulate the real estate sector is project registration, which involves so many stages itself to check the correctness of documents, finance sources and use of it, various approvals and so on which in turn safeguard the interest of the associates of real estate.