Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 (188 Ex III 1a)
The Government of Tamil Nadu Housing and Urban Development Department, through G.O. Ms. No. 112 Housing and Urban Development [UD1(2)], dated 22nd June 2017, issued the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 under the Real Estate (Regulation and Development) Act, 2016. Effective from 22nd June 2017, the rules govern project registration, promoter disclosures, ongoing projects, project accounts and registration decisions.
What the rules govern
The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 set requirements for registering real estate projects with the Real Estate Regulatory Authority. They apply directly to promoters and provide information relevant to buyers and existing allottees.
Project registration requirements
A promoter applying to register a project must provide information and documents in addition to those required by the Real Estate (Regulation and Development) Act, 2016. These include:
- The promoter's authenticated Permanent Account Number card and audited balance sheet for the preceding financial year.
- Title deeds, title authentication and details of encumbrances affecting the project land.
- The landowner's consent and relevant development or collaboration agreements where the promoter does not own the land.
- Project site latitude and longitude details.
- Approved plans, approval letters, no objection certificates and approved parking details.
- Designs and drawings relating to structural stability, electrical wiring, plumbing and sewage treatment plants.
Applications must be submitted in Form A, in triplicate until the process becomes web based. The promoter must also submit Form B, including a declaration that no allottee will be discriminated against when an apartment, plot or building is allotted.
Ongoing projects
The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 require promoters of ongoing projects to apply for registration and disclose project details, status and extent of completion. Certain structurally completed projects and specified layout projects are excluded from the definition of an ongoing project, subject to the conditions stated in the rules.
Agreements entered into before the rules commenced remain unaffected. Existing agreements do not have to be replaced with the prescribed agreement format, and they cannot be interpreted as limiting an allottee's rights under the Act, rules and regulations.
Promoters must disclose apartment size by carpet area, even where an apartment was earlier sold using another area measure. For plotted developments, promoters must disclose the actual plot area.
Fees, accounts and registration decisions
The registration fee is set by the Authority from time to time. No registration fee is levied for specified projects developed by the Tamil Nadu Slum Clearance Board, affordable housing projects of the Tamil Nadu Housing Board, or housing projects executed by the Tamil Nadu Police Housing Corporation.
Withdrawals from the project's separate account depend on certifications by an engineer, architect and chartered accountant. When registration is granted, the Authority issues Form C with a registration number. A rejection is communicated in Form D.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
What title documents must a promoter provide for project registration?
The promoter must provide the legal title deed, documents authenticating title and details of encumbrances. If another person owns the land, the promoter must also provide the owner's consent, relevant agreements and documents showing the owner's title.
Does an agreement signed before 22nd June 2017 remain valid?
Yes. An agreement entered into before the rules commenced is not affected, and an existing agreement for an ongoing project does not have to be replaced with the prescribed form.
Must an existing apartment be disclosed by carpet area?
Yes. For an ongoing project, the promoter must disclose apartment size based on carpet area even if it was earlier sold using super area, super built up area or built up area. This disclosure does not invalidate the existing agreement.
How can I tell whether a project registration was approved or rejected?
For an approved registration, the Real Estate Regulatory Authority issues Form C containing a registration number. If the application is rejected, the Authority informs the applicant through Form D.
