Section 4 in Rajasthan Real Estate (Regulation and Development) Rules, 2017
4. Disclosure by promoters of ongoing projects.
(1)Upon the commencement of sub-section (1) of section 3, promoters of all ongoing projects which have not received completion certificate as required under local law shall within the time specified in the said sub-section make an application to the Authority in rule 3.(2)The promoter shall disclose all project details as required under the Act, rules and regulations made thereunder including the status of the project and the extent of completion.(3)The promoter shall disclose the size of the apartment based on carpet area even if earlier sold on any other basis such as super area, super built up area, built up area etc. which shall not affect the validity of the agreement entered into between the promoter and the allottee to that extent.(4)In case of plotted development the promoter shall disclose the area of the plot being sold to the allottees.(5)Where the project is to be developed as separate buildings in phases, every such building or group of buildings as decided or declared by the promoter at the time of registration shall be considered as a phase and the promoter shall obtain registration under the Act for each phase separately.Explanation : For the purpose of this rule "ongoing project" means a project where development is going on and for which completion certificate has not been issued but excludes such projects which fulfill any of the following criteria on the date of commencement of relevant provisions of the Act:-(i)where common areas and facilities have been handed over to the association of allottees or the competent authority, as the case may be, for maintenance;(ii)where sale/lease deeds or possession letter of minimum sixty percent of the apartments /houses/plots in the phase/project have been executed;(iii)where all development works have been completed and completion certificate has been obtained from chartered engineer in practice as per prevalent Township Policy;(iv)where completion certificate has been obtained from the competent authority or where all development works have been completed and application has been filed with the competent authority;(v)where development is done in phases then each phase shall be considered as a separate project and the phases which fulfill any of the above conditions shall be excluded;(vi)where competent authorities/local bodies have started issuing lease deeds for plots by organising camps or otherwise in township schemes; or(vii)where services have been handed over to the local authority for maintenance or more than fifty percent of the development charges for the same have been deposited to the local authority.
