Premium

UP RERA amendments brings relief: Homebuyers in unregistered projects can now file complaints

The key amendment includes inclusion of three new sub-clauses under Regulation 24, which relate to judicial proceedings before the benches of UP RERA.

New RERA amendments, New RERA amendments bring relief to homebuyers, relief to homebuyers, relief to homebuyers of unregistered projects, Lucknow news, Uttar pradesh news, Indian express, Current affairsThe amendment also clarifies that no fresh sale or lease agreement will be executed in such cases. Instead, necessary changes will be recorded as endorsements in the existing agreement, and the promoter will update records accordingly.

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has notified the 10th amendment to its General Regulations, 2019, bringing relief to the allottees buying property in projects not registered with RERA. The amendments, effective from March 25, aim to protect consumer interests and enhance transparency in the state’s real estate sector.

In a statement issued on Thursday, RERA stated several important changes have been introduced through these amendments with the objective of protecting consumer interests and enhancing transparency and accountability in the state’s real estate sector. These amendments have been issued under Section 85 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) and have come into effect from March 25.

The key amendment includes inclusion of three new sub-clauses under Regulation 24, which relate to judicial proceedings before the benches of UP RERA. For long, it was unclear if allottees of unregistered projects could approach the Authority and what remedies were available under RERA. These amendments have now clarified these provisions, providing major relief to homebuyers.

UP RERA chairman, Sanjay Bhoosreddy, stated that the amendment aims to enhance transparency in the real estate sector and protect the interests of allottees.

What are the new changes?

According to the new regulations, complaints from allottees of unregistered projects will be heard by the Authority’s benches in accordance with the prescribed procedure. The bench will first determine whether the project concerned is exempt from registration under Section 3 of the Act and Rule 2(1)(h) of the UP RERA Rules. If any relief is found to be due, it will be granted accordingly.

Since UP RERA may not have complete information about unregistered projects or their promoters, the authority will obtain additional details, for issuing notices and adjudicating complaints, from complainants to process complaints. It will soon issue a separate order and develop a facility on the UP RERA portal, enabling affected allottees to file complaints through Form-M.

The bench concerned will first decide on the issue of project registration. If it concludes that the project requires registration, it will refer the matter to the Secretary to ensure necessary action for registration in accordance with the provisions of the Act, rules, and regulations. After deciding the preliminary issue of registration, the bench will consider the complaint on merits and grant appropriate relief based on applicable laws and facts.

Story continues below this ad

Rationalisation of fees and administrative charges

The second major amendment pertains to Regulation 47, which deals with administrative charges and standard fees. This regulation has been restructured to include new provisions, governing the fees charged by promoters in cases of inheritance or transfer of allotment.

In case of an allottee’s death, the promoter can charge a maximum processing fee of Rs 1,000, if the successor is a family member. In such cases, the successor must submit necessary documents such as the death certificate, succession certificate issued by a competent authority, and no-objection certificates from other legal heirs.

If the transfer is made in favour of a person other than a family member, the promoter can charge a maximum processing fee of Rs 25,000.

The amendment also clarifies that no fresh sale or lease agreement will be executed in such cases. Instead, necessary changes will be recorded as endorsements in the existing agreement, and the promoter will update records accordingly.

Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution. Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape. Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Advertisement
Loading Recommendations...
Latest Comment
Post Comment
Read Comments