» FAQ | Real Estate Regulatory Authority

FAQ

Citizen
Promoter/Agent

What is RERA?

RERA (Real Estate Regulatory Authority) is designed to regulate and promote, real estate sector through a quasi-judicial institutional mechanism of the Authority.

Reference: Section-2(zn) of the Act
Means the development of a building or a building consisting of apartments or converting an existing building or a part thereof into apartments, or the development of land into plots or apartments, as the case may be, for the purpose of selling all or some of the said apartments or plots or building, as the case may be, and includes the common areas, the development works, all improvements and structures thereon, and all easement, rights and appurtenances belonging thereto;

What is Ongoing Project (Building/Apartment) ?

Any real estate project started prior to 01.05.2017 but not issued with occupancy certificate prior to 01.05.2017 regardless of its present status.

What is Ongoing Project? (Plotted Scheme)

A real estate project involving sale of plotted schemes, where lay out plan has been approved by Planning Authority prior to 01.05.2017, but facilities promised as per agreement/ advertisement/ brochure have not been provided or some of the plots have remained unsold as on 01.05.2017 will be treated as ongoing project.

What is layout plan?

Layout plan is the land use plan of a project area drawn to scale depicting different land uses as per colour code prescribed by the Authority. Different land uses are road, built-up area, park, community building, swimming pool etc.

Can the promoter collect funds from the allottees before registration of project?

No. Such collection is punishable under Section-61 of the Act

What is the per person requirement of water per day?

A normal person requires 155 litres of water per day for different activities requiring use of water.

What is Commencement Certificate?

Reference Section 2(m) of the Act
Means the commencement certificate or the building permit or the construction permit, by whatever name called issued by the competent authority to allow or permit the promoter to begin development works on an immovable property as per the sanctioned plan:

What is Commencement Date?

A date declared by the Promoter in regard to commencement of the construction work relating to a real estate project permitted by the Planning Authority.

What is Completion Certificate?

In the context of Odisha, completion certificate will mean occupancy certificate.

What is Occupancy Certificate?

Certificate issued by the Planning Authority declaring the building/apartments fit to be occupied.

What is New Project ?

Any real estate project where permission of Planning Authority has been obtained, but commencement of work has started after 01.05.2017.

What is separate bank account?

Promoter shall have to open project specific bank account and deposit there into all the funds collected from allottees.

Can funds be withdrawn from the project specific bank account?

Yes, funds proportionate to the expenditure incurred against the project duly certified by the architect, construction engineer and chartered accountant can be drawn from the account.

Whether permission from the Authority is required to withdraw funds from the bank account?

No. But Authority can ask for the statement of funds withdrawn and expenditure incurred out of it and where.

Can the promoter collect funds from the allottees before registration of project?

No. Such collection is punishable under Section-61 of the Act

Whether no objection certificate from the Central Ground Water Authority is required for abstraction of ground water?

Yes, No Objection Certificate from the Central Ground Water Authority is required regardless of the volume of abstraction per day.
However, in real estate project where abstraction of ground water is up to 100 cum per day, the promoter shall submit an affidavit in the prescribed format to continue with the construction work.
In project, where ground water abstraction is more that 100 cum per day the promoter shall submit affidavit in the prescribed format along with recommendation letter of the Regional Director of CGWA to continue with the construction work.
The affidavit in both categories legally binds promoter not to execute sale deed until receipt of NOC from CGWA and its submission to ORERA.

Can a promoter advertise for sale of units of real estate project before registering his project with the Authority?

No. Such advertisement will be violation of the Section-3 of the Act and is punishable under Section-59 of the Act.

What is the per person requirement of water per day?

A normal person requires 155 litres of water per day for different activities requiring use of water.

What happens to the building plans approved by the BDO prior to 27.05.2016?

a. The concerned BDO upon a reference from the Authority shall have to confirm sanction of building plan by the Panchayat Samiti.
b. Real estate projects for, independent houses up to G+2 stories or plotted schemes up to 1 acre of land will be registered subject to other clearances being in order.
c. Real estate project where apartments are constructed in multi-storied buildings, structural certificate accorded by an empanelled Structural Engineer and Architect shall be required for registration of project among other things.

Whether plan approved by the Block Development Officer is acceptable?

For rural areas beyond the jurisdiction of the planning authorities, the building plan after 27.05.2016 shall be approved by the BDO in accordance with the provisions contained in the notification bearing S.R.O. No. 188/2016 dated 20th MAY 2016 of the Panchayat Raj Department. (Ref: See Notification Sl. No.1 under Orders & Circulars section of the Website.)