Tamil Nadu Real Estate Regulatory Authority (TNRERA) Annual Report (2019-20)
The Tamil Nadu Real Estate Regulatory Authority Annual Report (2019-20), issued by the Tamil Nadu Real Estate Regulatory Authority, records project and agent registrations, complaints, enforcement and financial performance during 2019-2020. It also explains the registration and buyer protection requirements applied across Tamil Nadu under the Real Estate (Regulation and Development) Act, 2016.
What the report covers
The Tamil Nadu Real Estate Regulatory Authority Annual Report (2019-20) describes how the Authority implemented the Real Estate (Regulation and Development) Act, 2016 during 2019-2020. The Authority has jurisdiction across Tamil Nadu and performs two main functions, registering real estate projects and agents, and deciding complaints.
The Government of Tamil Nadu issued the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 through G.O.Ms.No.112, Housing and Urban Development Department, dated 22 June 2017. The full-time Chairman and two Members of the Authority took charge from 11 February 2019. Appeals from the Authority and the Adjudicating Officer are heard by the Tamil Nadu Real Estate Appellate Tribunal.
Who is affected
The registration and consumer protection provisions described by the Tamil Nadu Real Estate Regulatory Authority affect promoters, builders, real estate agents and buyers. Projects meant for sale across Tamil Nadu must be registered when the proposed development exceeds 500 square metres of land or exceeds eight apartments, including all phases.
Planning authorities place a condition in planning permissions requiring applicable projects to be registered before advertising, marketing, booking or sale. They also check registration when issuing completion certificates.
Key requirements for projects and sales
- Each phase of a phased development must be registered separately.
- Advertisements must prominently show the Authority's website address and the project's registration number.
- Property must be advertised and sold on a carpet area basis.
- Promoters need consent from at least two-thirds of allottees for additions, revisions or modifications to plans, structural designs and specifications.
- Seventy per cent of money collected from allottees for a project must be kept in a separate bank account and used for that project.
- Withdrawals must match the percentage of completion and be certified by an architect, engineer and practising chartered accountant.
- Builders must provide a five-year warranty for structural defects.
- Allottees are responsible for making payments on time.
Reported activity and enforcement
During 2019-2020, the Tamil Nadu Real Estate Regulatory Authority registered 634 projects and 684 agents. The Authority passed final orders in 742 complaints, while the Adjudicating Officer passed final orders in 160 compensation complaints. Penalties totalling Rs.1,94,78,000 were imposed in 223 cases.
The Authority also monitored advertisements, issued notices where registration details were missing and conducted awareness programmes. The accounts for the year ended 31 March 2020 were audited by the Comptroller and Auditor General of India.
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Common questions
Does every real estate project in Tamil Nadu need TNRERA registration?
Projects meant for sale must be registered when the proposed land development exceeds 500 square metres or the number of apartments exceeds eight, including all phases. Each phase of a phased project is treated as a separate project.
What should I check in a property advertisement?
The advertisement should prominently state the Tamil Nadu Real Estate Regulatory Authority website address and the project's registration number. The Authority reported issuing notices when these details were not prominently displayed.
Can a builder change an approved plan without consulting buyers?
For additions, revisions or modifications to plans, structural designs and specifications, the promoter must obtain consent from at least two-thirds of the allottees.
Where can I appeal a TNRERA decision?
Appeals from decisions or orders of the Tamil Nadu Real Estate Regulatory Authority or the Adjudicating Officer are heard by the Tamil Nadu Real Estate Appellate Tribunal.