Preamble .

PREAMBLE

In exercise of the powers conferred by Section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016) the Government of Kerala, hereby makes the following rules namely:--

R.1 Short title, applicability and Commencement.

(1) These rules may be called the "Kerala Real Estate (Regulation and Development) Rules, 2018".

(2) These rules shall be applicable to whole State of Kerala.

(1) In these rules, unless the context otherwise requires,--

(a) "Act" means the Real Estate (Regulation and Development) Act, 2016; (Central Act 16 of 2016)

(1) The promoter shall make an application as referred to in sub-section (1) of Section 4 of the Act in Form "A" to the Authority for Registration of the real estate project for which all the Statutory Approvals and permits have been obtained on or after the date of notification of commencement of Section 3 of the Act and displaying it on the Website of Real Estate Regulatory Authority in such manner prescribed by these regulations.

(1) The promoter shall furnish the following additional information and documents, along with those specified under the relevant sections of the Act, along with the application for registration of the real estate project with the authority namely:--

(a) authenticated copy of the PAN card of the promoter;<

R.5 Disclosure by promoters of existing projects.

(1) Upon the notification for commencement of sub-section (1) of Section 3, promoters of all ongoing projects which have not received occupancy certificate shall, within the time specified in the said sub-section, make an application to the Authority in the form and manner provided in sub-rule (2) of Rule 3.

(1) For the purposes of sub-clause (D) of clause (I) of sub-section (2) of Section 4, the land cost shall be the cost incurred by the promoter, whether as an outright purchase, lease charges etc.

(2) For the purposes of sub-clause (D) of clause (I) of sub-section (2) of Section 4, the construction cost sha

R.7 Grant or rejection of registration of the project.

(1) Upon the registration of a project as per Section 5 read with Rule 3, the Authority shall issue a registration certificate with a registration number in Form 'C to the promoter.

(2) In case of rejection of the application as per Section 5 the authority shall inform the applicant in Form 'D'.

R.8 Extension of registration of the project.

(1) The registration granted under Section 5 of the Act may be extended as per Section 6 of the Act on an application made by the promoter in Form 'E' which shall not be less than three months prior to the expiry of the registration granted.

(2) The application for extension of registration shall be accomp

R.9 Revocation of Registration of the project.

(1) Upon the revocation of registration of a project as per Section 7 of the Act the authority shall inform the promoter about such revocation in Form 'D'.

(2) Upon the lapse of registration or on revocation of the registration under

R.10 Agreement for sale.

(1) For the purpose of sub-section (2) of Section 13, the agreement for sale shall be in the form in Annexure 'A'.

(2) Any application letter, allotment letter, agreement or any other document signed by the allottee, in respect of the apartment, plot or building, prior to the execution and registration of

R.11 Application for Registration by the real estate agent.

(1) Every real estate agent required to register as per sub-section (2) of Section 9 of the Act shall make an application in writing to the Authority in Form G along with the following documents, namely:--

(a) details of his enterprise including its name, registered address, type of enterprise (proprieto

R.12 Grant of Registration to the real estate agent.

(1) On receipt of the application as per sub-section (2) of Section 9 of the Act read with Rule 11, the Authority shall within a period of thirty days either grant registration to the real estate agent or reject the application, as the case may be:

Provide (sic Provided) that the Authority may grant an o

R.13 Renewal of registration of real estate agent.

(1) The registration granted under Section 9, of the Act may be renewed as per Section 6, of the Act on an application made by the real estate agent in Form 'J' which shall not be less than three months prior to the expiry of the registration granted.

(2) The application for renewal of registration shall

R.14 Revocation of Registration of real estate agent.

The Authority may, due to reasons specified under sub-section (7) of Section 9 of the Act, revoke the registration granted to the real estate agent or renewal thereof, as the case may be, and intimate the real estate agent of such revocation Form T.

R.15 Maintenance and preservation of books of accounts, records and documents.

(1) The real estate agent shall maintain and preserve books of account, records and documents in accordance with the provisions of the Income Tax Act, 1961. (Central Act 43 of 1961)

(2) The agent shall also maintain such books and records as specified by the regulations issued by the authority.

R.16 Other functions of a real estate agent.

The real estate agent shall provide assistance to enable the allottee and promoter to exercise their respective rights and fulfill their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be.

R.17 Details to be published on the website.

(1) For the purpose of clause (b) of Section 34, of the Act the regulatory authority shall ensure that the following information shall be made available on its website in respect of each project registered:

(a) Details of the promoter including the following:

(1) The annual rate of interest payable by the promoter to the allottee or by the allottee to the promoter, as the case may be, shall be the State Bank of India's Benchmark Prime Lending Rate plus two percent and shall be computed as simple interest.

(2) In case of payment from the promoter due to the all

R.19 Timelines for refund.

Any refund of money along with the applicable interest and compensation, if any, payable by the promoter in terms of the Act or the rules and regulations made thereunder, shall be payable by the promoter to the allottee within forty-five days from the date on which such refund along with applicable interest and compensation, if any, becomes due.

R.20 Manner of selection of chairperson and members of the Authority.

(1) As and when vacancies of Chairperson or a Member in the regulatory authority exist or arise, or are likely to arise, the Government may make a reference to the Selection Committee in respect of the vacancies to be filled, as per the provisions of Section 21 of Act.

(2) The Selection Committee may, for

R.21 Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the regulatory authority.

(1)      (a) The Chairperson and whole-time Members of the Authority shall be paid such salary and allowances as may be fixed by the Government. However if the Chairperson or a Member so appointed is or was in the service of the State Government or Central Government or any authority thereunder, he shall be paid a monthly salary equivalent to the drawn salary at the post held by such person, prior to his appointment as Chairperson or a Member, as the case may be

R.22 Administrative powers of the Chairperson of the Authority.

(1) The administrative powers of the Chairperson of the Authority shall include making decisions with regard to the following and the Chairperson shall have full administrative powers in the following matters:

(a) officiating against sanctioned posts;

(1) The conditions of service of the officers and employees of the Authority and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the Government and drawing the corresponding scales of pay;

(1) The office of the authority shall be located at such place as may be determined by the Government.

(2) The working days and office hours of the authority shall be the same as that of the Government of Kerala.

(3) The official common s

R.25 Additional powers of the Authority.

(1) In addition to the matters specified in clauses (i) to (iii) of sub-section (2) of Section 35 of the Act the authority shall have the powers as vested in sub-section (2) of Section 35 in the following matters:

(a) Require the promoter, allottee or real estate agent to furnish in writing such informat

R.26 Manner of recovery of interest, penalty and compensation.

Subject to the provisions of sub-section (1) of Section 40, the recovery of the amounts due as arrears of land revenue shall be carried out as per the provisions of Revenue Recovery Act, 1968 (Act 15 of 1968).

R.27 Manner of implementation of order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal.

For the purpose of sub-section (2) of Section 40, every order passed by the adjudicating officer, authority or Appellate Tribunal, as the case may be, under the Act or the rules and regulations made thereunder, shall be enforced by the adjudicating officer, Authority or the Appellate Tribunal in the same manner as if it were a decree or order made by the principal Civil Court in a suit pending therein and it shall be lawful for the adjudicating officer, regulatory authority or Appellate

R.28 Form for filing Appeal and the fees payable.

(1) Every appeal filed under sub-section (1) of Section 44 shall be accompanied by a fee of "rupees one thousand" in the form of a demand draft drawn on a nationalized bank in favour of the Appellate Tribunal or as specified by the regulations or orders issued by the authority or Appellate Tribunal, and payable at such station where the seat of the said Appellate Tribunal is situated or

(1) As and when vacancies of a Member (Judicial Member & Technical or Administrative Member) in the Appellate Tribunal exist or arise, or are likely to arise, the Government may make a reference to the Selection Committee in respect of the vacancies to be filled.

(2) The Selection Committee may, for the p

R.30 Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Appellate Tribunal.

(1) The salaries and allowances payable to the Chairperson and Members of the Appellate Tribunal shall be as follows:

(a) the Chairperson shall be paid a monthly salary equivalent to the last drawn salary by such person, as a Judge of a High Court;

(1) In the event of the Government becoming aware of occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of Section 26 in case of a Chairperson or Member of the authority or as specified under sub-section (1) of Section 49 in case of a Chairperson or Member of the Appellate Tribunal, by receipt of a complaint in this regard or suo motu, as the case may be, the Government shall make a preliminary scrutiny with respect to such charges against th

R.32 Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Appellate Tribunal.

(1) The conditions of service of the officers and employees of the Appellate Tribunal and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the Government and drawing the corresponding scales of pay;

(1) In addition to the matters specified in clauses (a) to (f) of sub-section (4) of Section 53 the Appellate Tribunal shall have the powers as vested in sub-section (4) of Section 53 to call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture or engineering or from any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct of any inquiry or proceedings before it.

R.34 The Administrative powers of the Chairperson of the Appellate Tribunal.

The administrative powers of the Chairperson of the Appellate Tribunal shall include making decisions with regard to the following and the Chairperson shall have full administrative powers in the following matters:

(a) officiating against sanctioned posts;

(1) The Court shall, for the purposes of compounding any offence specified under Section 70, accept a sum of money as specified in the Table below: