
Ownership Record under RERA Real Estate (Regulation and Development) Act, 2016
Under Real Estate (Regulation and Development) Act, 2016 for short RERA require
a promoter to submit at the time of
registration of the project, a copy
of the title report of a practicing
advocate reflecting the flow of title of
the promoter to the land on which the
development is proposed.
Further, as a part of the documents
to be uploaded on the website of the
Authority, Mumbai, Delhi, Karnataka, Haryana,
Gujarat, and Uttar Pradesh require
the promoter to provide a land title
search report from an advocate having
experience of at least 10 years in land
related matters.
The rules of the States require
the promoter to declare the
encumbrances, if any, including
litigations on the land on which the
development is proposed.
In case if there is no encumbrance on
the land on which the development is
proposed, then in such cases, the rule
of Uttar Pradesh requires a promoter
to provide a non-encumbrance
certificate through an advocate having
experience of at least 10 years.
The rules of Maharashtra and Delhi
require a promoter to provide a nonencumbrance certificate through an
advocate having experience of at least
10 years from the revenue authority not
below the rank of tehsildar. However,
the rules of Karnataka prescribe that
a non-encumbrance certificate can
be obtained from the concerned sub
registrar having at least 12 years’
experience in land related matters. The
rules of Haryana require a promoter
to provide a non-encumbrance
certificate through an advocate having
experience of at least 10 years in land
related matters as well as from the
revenue authority not below the rank
of tehsildar. The rules of Tamil Nadu
require a promoter to provide an up-todate encumbrance certificate, extract/
certificate from the revenue authorities
reflecting the title of the promoter to
the land on which development is
proposed. In Gujarat, if the promoter
is not the owner of the land on which
development is proposed then details
of consent of the owner of the land
along with a copy of the necessary
agreement entered between the
promoter and the owner of the land
needs to be provided. Further, copies
of title and other documents reflecting
the title of the owner need to be
provided.
THE REGISTRATION FEE
The Act requires every promoter to
submit an application to the Authority
for registration of his project with
necessary documents along with a
registration fee. As per the Act, the
application has to be accompanied by
such fee as may be specified by the
regulations made by the Authority. The
fee that promoters need to pay when
applying for registration varies across
states. In Maharashtra, the promoter
shall pay a registration fee by way of
online transfer for a sum calculated at
`10 per square metre of the area of the
land, subject to a minimum of `50,000
and a maximum of `1,000,000.
In Delhi, however, the registration fee
can be paid only through a demand
draft drawn on any scheduled
bank. The registration fee in Delhi is
also higher than in Maharashtra. In
Delhi, there is a distinction between
commercial projects, group housing
projects and mixed-development
projects with regards to registration
fee.
In case of a commercial project:
`20 per square metre, if land area is
less than 1,000 square metres. `25
for every square metre, if land area
exceeds 1,000 square metres, but not
more than `1,000,000.
i. In case of a group housing project:
`5 per square metre, if land area is
less than 1,000 square metres. `10
for every square metre, if land area
exceeds 1,000 square metres, but
not more than `500,000.
ii. In case of a mixed-development
project (residential and
commercial): `10 per square metre,
if land area is less than 1,000
square metres. `15 for every square
metre, if land area exceeds 1,000
square metres, but not more than
`700,000.
iii. In case of a plotted-development
project: `5 per square metre but
shall not be more than `200,000.
Even Uttar Pradesh makes a distinction
between registration fee for residential
and commercial projects but the rates
vary from Delhi. In Uttar Pradesh as
well, the registration fee has to be
paid by a demand draft drawn on a
nationalised or scheduled bank. The
registration fee in Uttar Pradesh is as
follows:
i. `10 per square metre for residential
or any other projects where the
area of land proposed to be
developed does not exceed 1,000
square metres; and `500 for every
100 square metres where the area
of land proposed to be developed
exceeds 1,000 square metres.
ii. `20 per square metre for
commercial projects where the area
of land to be developed does not
exceed 1,000 square metres; and
`1,000 for every 100 square metre
of land where the area of land to be
developed exceeds 1,000 square
metres.
In Haryana, the promoter shall pay
the below registration fee per square
metre of land area by way of a demand
draft or a banker’s cheque drawn on
any scheduled bank or through online
payment mode, as the case may be: