Indian_Real_Estate_Law (2)

41 Indian Real Estate Laws
drawal of application for registration of the
project before the expiry of the period of thirty
days specified under sub-section (1) of section
5, registration fee to the extent of ten percent
paid under sub-rule (3), or rupees fifty thousand
whichever is more, shall be retained as
processing fee by the regulatory authority and
the remaining amount shall be refunded to the
promoter within thirty days from the date of
such withdrawal.
2.2.2 Additional disclosure by
promoters of ongoing
projects
4. (1) Upon the notification for commencement
of sub-section (1) of section 3, promoters
of all ongoing projects which have not received
completion certificate shall, within the
time specified in the said sub-section, make an
application to the Regulatory Authority in the
form and manner as specified in rule 3.
Explanation: For the purpose of this rule
“Ongoing project” means a project where development
is going on and for which completion
certificate has not been issued but excludes
such projects which fulfill any of the
following criteria on the date of notification of
these rules, namely:-
(i) in respect of layouts where the streets
and civic amenities sites and other services
have been handed over to the Local Authority
and Planning Authority for maintenance;
(ii) in respect of apartments where common
areas and facilities have been handed over
to the registered Association consisting of majority
of allottees;
(iii) where all development works have
been completed as per the Act and certified by
the competent agency and sale/lease deeds of
sixty percent of the apartments/houses/plots
have been registered and executed;
(iv) where all development works have
been completed as per the Act and certified
by the competent agency and application has
been filed with the competent authority for issue
of completion certificate /occupation certificate;
and
(v) where Partial occupancy certificate is
obtained to the extent of the portion for which
the partial Occupancy Certificate is obtained.
(2) The promoter shall in addition to disclosures
provided in rule 3 disclose the following
information, namely:-
(a) the original sanctioned plan, layout
plan and specifications and the subsequent
modifications carried out, if any, including the
existing sanctioned plan, layout plan and specifications;
Explanation:- For the purpose of clause (ii)
of sub-secticn (2) of section 14 of the Act, the
Prior written consent of at least two third of
the allottees would not be required if,- (i) implementation
of the proposed plan has already
been disclosed to the allottees
under the agreement prior to registration,
or
(ii) modification is required to be made in
compliance of any order or direction issued
by competent authority or statutory authority.
under the agreement for sale, the promoter
is not required to obtain the consent of allottee
in case of any alteration or addition to the
apartment required by Government authorities
or due to change in any law.
(b) the total amount of money collected
from the allottees and the total amount of
money used for development of the project including
the total amount of balance money
lying with the promoter; and status of the
project (extent of development carried out till
date and the extent of development pending)
including the original time period disclosed to
the allottee for completion of the project at the
time of sale including the delay and the time
period within which he undertakes to complete
the pending project, which shall be commensurate
with the extent of development already
completed, and this information shall be certified
by an engineer, an architect and a chartered
accountant in practice.
(3) The promoter shall disclose the size of
the apartment based on carpet area even if
earlier sold on any other basis such as super
area, super built up area, built up area etc.
which shall not affect the validity of the agreement
entered into between the promoter and
the allottee to that extent.
(4) In case of plotted development, the promoter
shall disclose the area of the plot being
2. RERA KARNATAKA RULES 2017 2.2