All about RERA Kerala

[ecis2016.org] Here’s a look at how to register projects and real estate agents, check details of the same and file complaints on the Kerala RERA website

After a long delay in notifying the rules, the Kerala Real Estate Regulation and Development Rules were notified in 2018. Previously, the Kerala RERA rules were repealed by the state government, as it seemed to favour the builder fraternity. However, the dedicated portal was re-launched early 2020 and is now fully operational. Here’s all you need to know about RERA Kerala:

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How to search for registered projects on RERA Kerala?

Step 1: Log on to the official website of RERA Kerala at https://rera.kerala.gov.in/

Step 2: Click on ‘Registered Real Estate Projects’ for an entire list of registered projects. As of June 2, 2020, there are 56 ongoing real estate projects registered with the regulator.

How to search for registered agents on RERA Kerala?

Step 1: On the official website, click on ‘Registered Real Estate Agents’ to access the entire list. So far, 33 agents are registered.

How to file complaints on RERA Kerala?

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The RERA Kerala allows all complainants to file their grievances with the Authority or the Adjudicating Officer, for any contravention of the provisions of the RERA Act. Complaints against any builder, home buyer or agent, can be filed under Section 31 of the Act.

How to file a complaint under Kerala RERA

Form

Use Form M for all complaints directed to the Authority.

Charges

A fee of Rs 1,000 needs to be paid in the form of a demand draft and drawn on a scheduled bank payable at Thiruvananthapuram, in favour of the ‘Kerala Real Estate Regulatory Authority’.

Requirements

A complainant should make three sets of the complaint and enough number of copies that can be sent to the respondents with supporting documents. These should be sent to the Authority by registered post or in person, at the RERA Kerala office. However, once the portal is operational completely, all complaints can be sent online.

How can the complaint be presented?

The complainant may, in person or through an advocate, present the case. If legal services are being hired, it should be as per provisions and rules laid out in Section 56 of the Act. Also, a vakalat, duly attested with enrollment number and affixture of court fee stamp and Advocate Welfare Fund stamp, as prescribed in the civil court procedure, should be filed.

Authorisation

An authorised representative (not the advocate) should furnish an authorisation, with all necessary details such as name, address, e-mail, contact details, etc., that may be required for communication purposes.

How does RERA Kerala deal with complaints with similar facts?

If it is found that multiple complaints of the same or similar nature have been filed, seeking similar relief, the Authority can club all these complaints and hear and take action on it through common proceedings. Similarly, even the Adjudicating Officer may dispose of complaints through common proceedings, if the complaints are against, say, a common promoter/builder, or based on similar facts.

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Procedure for filing complaints before Adjudicating Officer

Form

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Complaints directed to the Adjudicating Officer should be filed as prescribed under Section 12, 14, 18 and 19 of the Act. You can fill Form N, which is an application to the Adjudicating Officer.

Charges

A fee of Rs 1,000 needs to be paid in the form of a demand draft and drawn on a scheduled bank payable at Thiruvananthapuram, in favour of the ‘Kerala Real Estate Regulatory’.

Requirements

The application should be presented either in person by the applicant himself or through an authorised representative, as per Section 56 of the Act. The necessary vakalat or memo of authorisation, duly attested with affixture of applicable court fee stamp and Advocate Welfare Fund stamp, should be filed.

About authorised persons

If any party has hired legal services or an authorised representative to appear before the Adjudicating Officer, he/she may not be entitled to be heard in person, unless permitted by the Authority.

How to register a real estate project under RERA Kerala?

You will need to fill Form A and as per the rules laid out in Chapter III of the Kerala Real Estate Regulatory Authority (General) Regulations-2020, submit the form with necessary documents and the fee to the Authority. In order to successfully register your project, you are required to submit details such as name, photograph, contact numbers, address, information about other partners and directors in the company, PAN, Aadhaar, annual report, auditor’s report, details about the project, amenities, parking spaces, legal title deed, development and layout plans, joint development agreement (if applicable), details of the land, etc. In short, you will be required to furnish any and every detail associated with your project for verification.

View RERA Kerala regulations here.

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How to register a real estate agent under RERA Kerala?

You will need to fill Form G, available in the ‘Downloads’ section of the RERA Kerala website. Real estate agents in Kerala will also need to furnish all details, such as address and contact details, type of business, website, e-mail id, PAN, Aadhaar, address proof, etc.

FAQs

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