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ARTICLE · 05 MARCH 2018

Real Estate Flash - February 2018

RERA applies to all real estate projects, i.e. both residential as well as commercial projects irrespective of whether these are in the nature of building projects, or plotted development...

IndiaReal Estate and Construction

1 Registration of Joint Development Arrangements under RERA

RERA applies to all real estate projects, i.e. both residential as well as commercial projects irrespective of whether these are in the nature of building projects, or plotted development by a developer provided that (a) the land area of the project exceeds 500 sq. mtrs. or, (b) in case of a building project, the number of apartments to be constructed exceed eight, and a completion certificate is yet to be obtained for the project at the time of commencement of the relative provisions of RERA, i.e. as on May 1, 2017. Accordingly, the developer of a project covered under RERA, as above, shall register the said project with the concerned authority as mandated by section 3 of RERA. This raises the question as to whether, nowadays commonly executed, property owner and developer joint development or collaboration agreements would also be covered under RERA's ambit, if the aforesaid conditions are met.

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