RERA Tamil Nadu: Rules, Registration Process and Documents

This RERA Act in Tamil Nadu looks over the real estate and solving disputes concerning Real Estate Projects. As we know investing in a residential property exposes you to many risks like late possession, sub-standard quality of construction and more. 

Seeing that the interest of investors is at stake, the government of Tamil Nadu introduced this act to establish some ground rules relating to real estate. Learn about it in detail below!

RERA, or Real Estate Regulatory Authority Act, came into force when the state government of Tamil Nadu approved its rules on 22 June 2017. As per this act, every developer, real estate promoter and agent in the state must register with RERA on the official TN RERA website. 

The purpose is to make every transaction and delivery of information within the real estate segment transparent and efficient. Not to mention, homebuyers can also access RERA to seek dispute redressal and reimbursement. 

Other functions of RERA in Tamil Nadu are as below:

• Promoting fleet-footed redressal of disputes.
• Encouraging homebuyers and developers to access their rights.
• Overseeing the process for proper construction and development of real estate.
• Facilitating complete and efficient execution of a project.
• Maintaining a friendly atmosphere for carrying out real estate investments and other activities.
• Boosting accountability in the real estate industry and transactions taking place inside.
• Prevailing a transparent culture across entire real estate workings in the state.

Read more about what's covered in Digit's Property Insurance policy.

Rules of RERA in TN are broken down into 9 and 20 chapters. Each of these chapters contains several unique responsibilities. However, the notable duties mandated by law are as below:

• Undertaking of complaint redressal in an organised manner.
• Rejection and approval of RERA registration application on a predetermined criteria basis.
• Acceptance of declarations made by promoters relating to their on-going projects.
• Verification of necessary documents that a builder submits to register under RERA in Tamil Nadu.
• Overseeing and renewing agent licences as well as applications.

RERA in Tamil Nadu offers a wide range of services to promoters, homebuyers and agents. Find the details below:

• Promoters
  • Promoters can not only file a complaint online but simplify their registration for a real estate project. 
  • After registration, RERA also enables promoters to file for project extensions and update project details online. 
• Homebuyers
  • There is an option to file complaints against developers digitally with ease and convenience. 
  • It allows individuals to access records for real estate projects even if they are prospective homebuyers. 
• Agents
  • RERA makes it effortless for real estate agents to renew official registration using the official portal. 
  • Like homebuyers, real estate agents can also file complaints against builders with ease and convenience.

Follow these below steps to carry out registration with RERA in Tamil Nadu for projects:

Step 1: Visit the official site of RERA in Tamil Nadu.

Step 2: Once the homepage loads, you will find the online registration option in the right-hand corner. Here two separate links are available for layouts and agents. Also, you must select whether you are filling out for an individual or a firm. 

Or you can also click on the 'registration' tab. Select if you are registering for a project or as an agent. Next, if it is an assignment, choose between options 'Tamil Nadu' or 'Independent states of Andaman.' 

Step 3: After clicking the desired option, a new window will appear, requiring you to log in. Click on new registration.

Step 4: Fill in the columns and verify the captcha to create a new promoter account. 

You need to present a required set of documents when registering on RERA in Tamil Nadu for a real estate project. These include:

• Legal deed and ownership deed of the builder.
• PAN card of both the developer and the builder.
• Rights of property.
• Complete property documents.
• Supporting document to confirm builder's title.
• Audited finances of the constructing company for the previous year.
• Development agreement.
• Landholder's agreement.
• Income tax returns for the last three consecutive years.
• Details of the existing projects and their statuses.
• No objection certificate and development plan.
• Complete plan and design of the project.

If registering as an agent, you may need to follow these below steps to carry out the process on RERA in TN online:

Step 1: Visit the official site of RERA in Tamil Nadu.

Step 2: Go to the 'Registration' tab and select the third option from its dropdown list mentioning 'Agent.'

Step 3: A new window will appear where you must select the 'Apply online option. 

Step 4: Next, choose from the options whether you are registering as an individual or a firm. 

Step 5: This will take you to a new webpage. Locate the option 'New registration' and click on it to proceed with your registration. 

Step 6: Fill in the required details like your name, email address, phone number and new password. 

Step 7: Enter the captcha and click the 'Create new account option to proceed. 

Step 8: This will allow you to login into your new RERA account using the set password and username. 

Here are the necessary documents you may need to submit while registering on RERA in Tamil Nadu as a real estate agent:

• Address proof of the partners, concerned agents or directors.
• PAN card of the concerned agent.
• Address proof of the registered office premise.
• Registration certificate of the firm or company.
• Income tax return for the previous three consecutive years.
• Two recent passport-sized photos of the partners, directors or concerned agents.

The officials of RERA in Tamil Nadu have ruled that landowners are free from any liability in cases any undivided shares have been registered for homebuyers. This was after a lawsuit where a buyer filed a complaint against a housing project. 

Buyers of this housing project were running this case against 12 people, among which 8 were landowners. Here, the confusion was whether or not landlords must come under this case. 

Clearing the air, G Saravanan, the adjudicating officer of RERA in TN, said that this site's landowners had carried out a general power of attorney to the developer, and these developers had prepared a sale deed for this undivided share in favour of buyers. Thus, only the first respondent, i.e., the company, falls under the promoter category, not the landowners. 

This judgement would have been different if the landlord had carried out a power of attorney in favour of a third party. However, the landowners were not a promoter since this was a joint venture. 

Follow the below process to search for registered projects under RERA in the Tamil Nadu portal:

Step 1: Visit the official website for RERA in Tamil Nadu. 

Step 2: Go to the 'Registration' tab. Select 'Projects'> "Registered Projects'> 'Tamil Nadu or Andaman.'

Step 3: This site will direct you to a new page which will give you full information about registered projects. Scroll through the multiple pages to find details.

The below steps will help you search for registered agents' detail under RERA in the Tamil Nadu portal:

Step 1: Visit the official website of RERA in Tamil Nadu.

Step 2: Find the 'Registration' tab on its homepage and select the 'Agent' option from its dropdown list.

Step 3: Next, choose the 'Registered agents' option > 'Tamil Nadu or Andaman.'

Step 4: A new window will open, displaying the agents' details on a year-wise basis. Scroll through these pages to access all. 

The process to access the list of rejected projects is very simple. You just need to follow these steps:

Step 1: Visit the official portal of RERA in Tamil Nadu.

Step 2: Locate the option mentioning 'Registration' on its menu bar.

Step 3: A dropdown will appear from where you must choose 'Project' and 'Rejected projects.'

Step 4: It will take you to a new page where you will find multiple entries of rejected project details over several pages. Scroll to see details.

The online portal allows you to file a complaint before an adjudicating officer or the Tamil Nadu Real Estate Regulatory Authority. However, you must follow this procedure carefully for it:

Step 1: Go to the official website of RERA in Tamil Nadu. 

Step 2: Once the homepage load, you will find an 'Online filing of complaint' option in the right-hand corner. 

Step 3: Choose between Form M and Form N. Form M is applicable for filing complaints before Tamil Nadu Real Estate Regulatory Authority, and Form N is to file a complaint before adjudicating officer. 

Step 4: Upon selection, a login page will appear where you must provide your registered email address, password and captcha. 

Step 5: After feeding your credentials, click on 'Login.' It will enable you to furnish personal details and complaints. 

Step 6: For complaining to Real Estate Authority, fill in the required form by mentioning your complaint, address, name of the respondent, and address. Next, pay an online fee of ₹ 1000 for the complaint and ₹ 600 for postal charges. Lastly, hit the submit button.

Step 7: For complaining to Adjudicating officer, fill in the form and submit three attested copies of your complaint along with supporting documents. The online fee for filing a complaint is ₹ 5000, and postal charges are ₹ 600. 

RERA Act in Tamil Nadu was formed to benefit buyers, builders and everyone involved in a transaction. Find the details below:

• This act gives buyers the right to access every information relating to their project. It includes an execution plan, plan layout, stage-wise completion status and more. 
• If a buyer finds a defect in the property's title at any time after possessing a property, he or she has the right to claim compensation from the builder. Also, there is no limitation on how a buyer discovers this defect. 
• No builder is allowed to take more than 10% advance for the cost of the apartment. 
• This act also allows buyers to withdraw from the project if they find a mismatch in the commitments made by their builder. 
• RERA Act states every builder must deposit 70% of the money realised from a project into a separate bank account. Moreover, he or she will only be allowed to withdraw from it once the project is complete. As a result, it prevents builders from going bankrupt or insolvent. 
• If a builder does not complete a project or there is a default in payment by a buyer, then the interest rate required to pay shall be the same for both parties. 

To sum up, RERA Act in Tamil Nadu, initiated by the state government, protects the common man from their lifelong savings going in vain, i.e., by investing in bad real estate. In other words, it keeps buyers away from the unfair practices of builders. Also, it ensures transparency and flows in real estate transactions. So go by these rules mentioned above to understand better.