HOUSING & URBAN DEVELOPMENT DEPARTMENT
Odisha Urban Housing Mission (OUHM)
(AWAAS Building, Vivekananda Marg, Bhubaneswar-751014)
S.R.O. No.76/2017-In pursuance of Section 84 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016), the State Government do hereby makes the following rules, namely: -
1. Short title and Commencement. —
(1) These rules may be called the Odisha Real Estate (Regulation and Development) Rules, 2017.
(2) They shall come into force on the date of their publication in the Odisha Gazette.
(1) In these rules, unless the context otherwise requires,—
(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (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) “Form” means a Form appended to these rules
(e) “Government” means Government of Odisha
(f) “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
(g) “Project land” means any piece or parcels of land on which the project is developed and constructed by a promoter; and
h) “section” means a section of the Act.
(2) Words and expressions used but not defined in these rules, shall have the meanings as respectively assigned to them in the Act.
REAL ESTATE PROJECT
3. Information and documents to be furnished by the promoter for registration of real estate project.
(1) A promoter shall furnish the following information and documents, along with those specified in sub-section (2) of section 4 of the Act, for registration of the real estate project with the Authority, namely:- (a) authenticated copy of the PAN card of the promoter;
(b) annual report including audited profit and loss account, balance sheet, cash flow statement, directors report and the auditors’ report and income tax returns of the promoter for the immediately preceding three financial years;
(c) the number of open parking areas and the number of covered parking areas available in the real estate project;
(d) authenticated copy of the title deed reflecting the title of the promoter to the land on which development of project is proposed along with valid documents for chain of title with authentication of such title;
(e) the details of encumbrances on the land on which development of project is proposed including details of any rights, title, interest, dues, litigation and name of party in or over such land;
(f) where the promoter is not the owner of the land on which development of project is proposed details of the consent of the owner of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner on the land on which project is proposed to be developed; and
(g) name, photograph, contact details and address of the promoter if it is an individual and the name ,photograph, contact details and address of the chairman, partners, directors, as the case may be, and the authorised person in case of other entities.
(2) The application referred to in sub-section (1) of Section 4 of the Act shall be made in such Form, manner and within such time as specified by regulations.
(3) The promoter shall pay a registration fee as specified by regulations from time to time.
(4) The declaration to be submitted under clause (l) of sub-section (2) of Section 4 of the Act, shall be as per Form ‘A’, which shall include a declaration stating that the promoter shall not discriminate against any allottee at the time of allotment of any apartment, plot or building, as the case may be.
(5) In case the promoter applies for withdrawal of application for registration of the project before expiry of the period of thirty days provided under sub-section (1) of Section 5, of the Act registration fee to the extent of ten percent paid under sub-rule (3) above shall be retained as processing fee by the Authority and the remaining amount shall be refunded to the promoter within thirty days from the date of such withdrawal.
4. Disclosure by promoters of ongoing projects.
(1) Upon the notification for commencement of sub-section (1) of Section 3, the promoters of all ongoing projects which have not received completion certificate shall, within the time specified in the said subsection, make an application to the Authority in the form and manner provided in rule 3.
(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;
(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; (c) 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 sold to the allottees as per the layout plan.
(5) For projects that are ongoing and have not received completion certificate, on the date of commencement of the Act, the promoter shall, within a period of three months of the application for registration of the project with the Authority, deposit in the separate bank account, seventy per cent of the amounts already realized from the allottees, which have not been utilized for construction of the project or the land cost for the project as required under sub-clause (D) of clause (l) of sub-section (2) of Section 4, which shall be used for the purposes specified therein.
5. Grant or rejection of registration of the project.
(1)Upon the registration of a project as per Section 5 read with rules 3 and 4, as the case may be, the Authority shall issue a registration certificate with a registration number in Form ‘B’ to the promoter.
(2) In case of rejection of the application as per Section 5, the Authority shall inform the applicant in Form ‘C’:
Provided that the Authority may grant an opportunity to the applicant to rectify the defects in the application within such time period as may be specified by it.
6. Extension of registration of project.
(1)The registration granted under section 5 of the Act, may be extended by the Authority, on an application made by the promoter in such Form and in such manner as specified by regulations, within 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 or through online payment mode, as the case may be, for an amount as specified by regulations from time to time 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 the promoter applies for extension of registration of the project due to force majeure, he shall not be liable to pay any fee.
(3) The extension of registration of the project shall not be beyond the period provided as per local laws for completion of the project or phase thereof, as the case may be.
(4) In case of extension of registration, the Authority shall inform the promoter about such extension in Form ‘D’ and in case of rejection of the application for extension of registration the Authority shall inform the promoter about such rejection in Form ‘C’:
Provided that the Authority may grant an opportunity to the promoter to rectify the defects in the application within such time period as may be specified by it.
7. Revocation of registration of the project.
Upon the revocation of registration of a project as per Section 7, the Authority shall inform the promoter about such revocation in Form ‘C’.
8. Agreement for sale.
(1)For the purpose of sub-section (2) of Section 13 of the Act, the agreement for sale shall be in the form as per Annexure-A.
(2) Any application letter, allotment letter 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 thereunder.