Section 3 in Kerala Real Estate (Regulation and Development) Act, 2015
3. Registration of Real Estate Project.
(1)No promoter shall book, sell or offer for sale, or invite persons to purchase in any manner any plot or building, as the case may be, in any real estate project, or part of it, without registering the real estate project with the Real Estate Regulatory Authority established under this Act:Provided that no such registration shall be required,-(a)where the area of land proposed to be developed in a real estate project does not exceed one thousand square metres;(b)where the number of building units proposed to be developed in a real estate project does not exceed twelve:Provided further that where the total carpet area of the building units proposed to be developed exceeds three thousand square metres, registration shall be required.(c)where the promoter has received all requisite approvals/ permits for the development of the real estate project prior to commencement of this Act;(d)for the purpose of renovation or repair or re-development which does not involve re-allotment and marketing of the real estate project:Provided that any promoter may register any Real Estate Project subject to the provisions of this Act before the Real Estate Authority as per this Act.Explanation. - For the purpose of this section, where the real estate project is to be developed in phases, every such phase shall be considered as an independent real estate project, and the promoter shall obtain registration under the Act for each phase separately.(2)Every promoter shall make an application to the Authority for registration of the real estate project in such form, manner, within such time and accompanied by such fee, as may be specified, by the regulations made by the Authority.(3)The promoter shall enclose the following documents along with the application referred to in sub-section (2), namely:-(a)brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, society, partnership, company) and the particulars of registration;(b)an authenticated copy of the building permit from the competent authority obtained in accordance with the laws as may be applicable for the real estate project mentioned in the application, and where the project is proposed to be developed in phases, an authenticated copy of the approval and sanction from the competent authority for each - of such phases;(c)the layout plan of the proposed project or the phase thereof, and also the layout plan of the whole project as sanctioned by the competent authority;(d)the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof;(e)pro form a of the agreements proposed to be signed with the allottees;(f)the number and the carpet area of apartments for sale in the project;(g)the names and addresses of his real estate agents, if any, for the proposed project;(h)the names and addresses of the contractors, architect, structural engineer, if any, and other persons concerned with the development of the proposed project;(i)a declaration, supported by an affidavit, which shall be signed by the promoter or any person authorised by the promoter,-(i)that he has legal title to the land on which the development is proposed along with a legally valid authentication of such title if such land is owned by another person;(ii)that the land is free from all encumbrances, or as the case may be, of the encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details;(iii)the specific period of time within which he undertakes to complete the project or phase thereof;(iv)that seventy per cent or such lesser per cent as notified by the Government, of the amounts realised for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank within a period of ten days of its realisation to cover the cost of construction and shall be used only for that purpose:Provided that in the case of project started before the commencement of this Act the amount to be deposited shall be based on the project cost to be incurred.Explanation. - For the purpose of this clause, the term "scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (Central Act 2 of 1934);(v)that he has furnished such other documents as may be prescribed by the rules or regulations made under this Act; and(vi)such other information and documents as may be prescribed.
