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KERALA REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2018
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:--
(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.
(3) They shall come into force at once.
(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)
(b) "Annexure" means an annexure appended to these rules;
(c) "Authenticated copy" shall mean a self-attested copy of any document required to be provided by any person under these rules;
(d) "Authority" means the Real Estate Regulatory Authority established by the Government of Kerala under sub-section (1) of Section (20) of the Act;
(e) "Form" means a form appended to these rules;
(f) "Government" means the Government of Kerala;
(g) "Layout plan" means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;
(h) "Permit" means
(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.
(2) In the case of ongoing projects on the commencements of the Section 3 of Act and for which the occupancy certificate has not been issued, the promoter shall make an application in Form "A1" to the Authority for Registration of the said project.
(3) The application for registration referred to in sub-rule (1) and (2) shall be submitted in triplicate, until the application procedure is made web based as provided under sub-section (3) of Section 4 of the Act.
(4) The pr
(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;
(b) audited balance sheet of the promoter for the preceding financial year and income tax returns of the promoter for three preceding financial years;
(c) the number of parking areas available in the said real estate project;
(d) copy of the legal title deed showing the title of the promoter to the land on development is proposed to be developed along with legally valid documents with authentication of such title, if such land is owned by another person;
(e) the details of encumbrances on the land on which development is proposed including any rights, ti
(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.
(2) The promoter shall disclose all project details as required under the Act and the rules and regulations made thereunder, including the status of the project and the extent of completion.
(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 plot development the promoter shall disclose the area of the plot being sold to the allottees.
(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 shall be the cost incurred by the promoter, towards the on-site expenditure and off site expenditure for the physical development 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'.
Provided that if the application is incomplete in any respect, the authority may at its discretion, direct the promoter to rectify such application within a period of fifteen days or any such period as deemed fit to the authority; before rejecting the application as per Section 5 and Rule (2) above.
(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 accompanied with a demand draft drawn on any scheduled bank, for an amount equivalent to half the registration fee as prescribed under sub-rule (4) of Rule 3 along with an explanatory note setting out the reasons for delay in the completion of the project and the need for extension of registration for the project, along with documents supporting such reasons:
Provided that where extension of registration is due to force majeure the authority may at its discretion waive the fee for extension of registration fully or by part.
(3) Extension of registration of the project for such time as it considers neces
(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 the Act, Authority shall take necessary action as specified in Section 7 and 8 of the Act.
(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 the agreement for sale for such apartment, plot or building, as the case may be, shall not be construed to limit the rights and interests of the allottee under the agreement for sale or under the Act or the rules or the regulations made there under.
(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 (proprietorship, societies, partnership, companies etc.);
(b) particulars of registration including the bye-laws, memorandum of association, articles of association etc. as the case may be;
(c) photograph of the real estate agent if it is an individual and the photograph of the partners, directors etc. in case of other entities;
(d) authenticated copy of the PAN card;
(e) income tax returns filed under the provisions of the Income Tax Act, 1961 (Central Act 43 of 1961) for three financial years preceding the application or in case the applicant was exempted from fi
(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 opportunity to the real estate agent to rectify the defects in the application within such time period as may be specified by it.
(2) Upon the registration of a real estate agent as per Section 9 read with Rule 10, the Regulatory Authority shall issue a registration certificate with a registration number as per Form H to the real estate agent.
(3) In case of rejection of the application, the Authority shall inform the applicant in Form 1
(4) The registration granted under this rule shall be valid for a period of five years.
(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 be accompanied with a demand draft drawn on any scheduled bank, for a sum of rupees five thousand in case of the real estate agent being an individual or rupees fifty thousand in case of the real estate agent being anyone other than an individual.
(3) The real estate agent shall also submit all the updated documents set out in clauses (a) to (f) of Rule 10 at the time of application for renewal.
(4) In case of renewal of registration, the authority shall inform the real estate agent about the same in Form K and in case of rejection of the application for renewal of registration the authority, shall
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.
(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.
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.
(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:
(i) Promoter or Group Profile:-
(A) A brief detail of his enterprise including its name, registered address, type of enterprise (proprietorship, limited liability partnership, society, company etc.) and the particulars of registration and in case of a newly incorporated or registered entity, brief details of the parent entity including its name, registered address, type of enterprise (proprietorship, societies, limited liability partnership, partnership, companies etc.);
(B) Details of promoter up to 5 years including details of projects launched by the promoter in the past and in case of a newly incorporated or regist
(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 allottee, the interest on amount due shall be computed at the rate as per sub-rule (1) above from the agree date of payment of such amount from the allottee to the promoter as per the agreed payment schedule as part of the agreement of construction or sale.
(3) In case of payment from the allottee to the promoter, the interest on amount due shall be computed at the rate as per sub-rule (1) above from the agreed date of payment of such amount from the allottee to the promoter as per the agreed payment schedule as part of the agreement of construction or sale.
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.
(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 the purpose of selection of the Chairperson or a Member of the authority, follow such procedure as deemed fit to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appointment as Chairperson or Member of the Regulatory Authority from the panel of names suggested by a Search Committee
(3) A Search Committee may be constituted by the selection committee to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appointment as Chairperson or Member of the Authority.
(4) the Se
(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, of the Authority:
Provided that if the Chairperson or a Member of the Authority before the date of assuming office as Chairperson or a Member, as the case may be, was in receipt of or being eligible to receive any pension in respect of any previous service under the Central Government or the State Government or any authority thereunder, his salary in respect of service as a Chairperson or as a Member, as the case may be, shall be reduced by the amount of that pension and dearness relief th
(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;
(b) all matters regarding disbursement of wages and salaries, other emoluments to the chairman, members, officers and staff of the authority.
(c) acceptance of resignations by officer or employee engaged on contract basis or on daily wages;
(d) all matters with regard to raising of public awareness regarding the provisions of the authority through any electronic, audio, visual, print or social media including issue of advertisements, press conferences, press release and all such measures which may be deemed necessary for the benefit of the public.
(e) all Purchases of office infrastructure including compute
(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;
(2) Consultants or experts that may be engaged by the Authority:
(a) shall be paid a monthly honorarium as may be determined by the Government of Kerala from time to time;
(b) the consultant or expert shall not be deemed to be regular members of the staff borne on the establishment of the Authority;
(c) the consultant or expert may be appointed for a tenure of one year, extendable on year
(d) the terms of their appointment may be
(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 seal and emblem of the authority shall be such as the Government of Kerala may specify.
(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 information or explanation or produce such documents within such reasonable time, as it may deem necessary;
(b) Requisitioning, subject to the provisions of Sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public record or document or copy of such record or document from any office.
(2) The authority may 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 authority in the conduct of any inquiry or proceedings before
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).
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 Tribunal, as the case may be, in the event of its inability to execute the order, send such order to the principal Civil Court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the principal Civil Court within the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business, or personally works for gain.
(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
(2) Every appeal shall be filed Form 'L' along with the following documents:
(a) an attested true copy of the order against which the appeal is filed;
(b) copies of the documents relied upon by the appellant and referred to in the appeal;
(c) an index of the documents.
(3) Procedure for filing the appeal shall be as decided by the Appellate Tribunal.
(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 purpose of selection of the Member of the Appellate Tribunal, follow such procedure as deemed fit including the appointment of a search committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appointment as Member of the Appellate Tribunal.
(3) The Selection Committee shall select two persons for each vacancy and recommend the same to the Government.
(4) The Selection Committee shall make its recommendation to the Government within a period of sixty day
(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;
(b) the whole-time Member shall be paid a monthly salary equivalent to the last drawn salary at the post held by such person, prior to his appointment as a Member of the Appellate Tribunal;
(c) every full-time Member, who is not a servant of the Government, shall be paid a monthly salary equivalent to the Additional Secretary to the Government of India;
(d) every part-time Member, who is not a servant of the Government, shall be paid a sitting fee for each day he attends the meetings of the Appellate Tribunal as may be determined by the Government of Kerala, from time to time.
2. The Chairperson and every othe
(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 the Chairperson or any Member of the regulatory authority or Appellate Tribunal, as the case may be.
(2) If, on preliminary scrutiny, the Government considers it necessary to investigate into the allegation, it shall place the complaint, if any, together with supporting material as may be available, before a Judge of the High Court.
(3) The Government shall forward to the Judge, copies of--
(a) The statement of charges
(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;
(2) The Government shall have power to relax the provisions of any of these rules in respect of any class or category of officers or employees or consultants and experts, as the case may be.
(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.
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;
(b) all matters regarding disbursement of wages and salaries, other emoluments to the members, officers and staff of the Appellate Tribunal.
(c) all matters with regard to selection and posting of officers and staff on contract basis or on daily wages against such sanctioned posts.
(d) acceptance of resignations by any member officer or employee.
(e) purchase of office infrastructure including computers, peripherals, other appliances, stationery, furniture etc. which are essential for the functioning of the Appellate Tribunal.
(f) all matters with regard to works undertaken at th
(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:
| (1) Any aggrieved person may file a complaint with the Authority for any violation under the Act or the rules or regulations made thereunder, save as those provided to be adjudicated by the adjudicating officer, in Form 'M' which 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 Authority or as specified by the regulations or orders of the Authority from time to time and payable at the main branch of that bank at the station where the seat of the said Authority is situated or as specified by the regulations or orders of the authority from time to time. (2) The Authority shall for the purposes of deciding any complaint as specified under sub-rule (1), follow summary procedure for inquiry in the following manner. (a) Upon receipt of the complaint the Authority shall issue a notice along with particulars of the alleged contravention and the relevant R.37 Manner of filing a complaint with the adjudicating officer and the manner of holding an inquiry by the adjudicating officer.(1) Any aggrieved person may file a complaint with the adjudicating officer for compensation under Section 12, 14, 18 and 19 of the Act in Form N which 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 regulatory authority or and payable at the main branch of that bank at the station where the seat of the said authority is situated or as per the regulations or orders issued by the regulatory authority from time to time. (2) The adjudicating officer shall for the purposes of adjudging compensation follow summary procedure for inquiry in the following manner: (a) Upon receipt of the complaint the adjudicating officer shall issue a notice along with particulars of the alleged contravention and the relevant documents to the promoter; (b) The notice shall specify a date and time for further hearing; (c) On t R.38 Budget, accounts and audit.(1) The Authority shall maintain proper accounts of its funds and other relevant records. At the end of each financial year, the Authority shall prepare a budget and an annual statement of accounts. The annual statement of accounts shall be prepared in Form-"O" (2) The Authority shall preserve the accounts and other relevant records prepared under sub-rule (1) for a minimum period of five years. (3) The accounts and other relevant records prepared under sub-rule (1) shall be signed by the Chairperson, Members, Secretary and the Officer-in-charge of Finance and Accounts. R.39 Annual Report.(1) The Authority shall prepare immediately after the end of the calendar year, its annual report in Form "P" (2) In addition to matters specified in Section 78 of the Act the Authority may include in its Annual Report such other matters as it deems fit. (3) The annual report shall, after adoption at a meeting of the Authority and signed by the Chairperson and Members and authenticated by affixing the common seal of the authority, with requisite number of copies thereof, be submitted to the Government within a period of one hundred and eighty days immediately following the close of the year for which it has been prepared. |
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