Tamil Nadu RERA Registration for Agents

RERA registration, short for Real Estate Regulatory Authority registration, is a legal process that real estate developers and agents must go through in many countries, including India. It's a way to officially register real estate projects and services with the government. This registration is designed to ensure transparency, Accountability, and fairness in the real estate industry, ultimately protecting the interests of property buyers and promoting ethical practices.

By choosing IndiaFilings, you can navigate the Tamilnadu RERA registration process easily, ensuring compliance with transparency, accountability, and efficiency requirements while safeguarding your interests in the real estate market.

Contact us today to streamline your RERA registration!

RERA Registration

RERA Registration is a mandatory procedure regulated by the Real Estate (Regulation & Development) Act. RERA was established to address prevalent issues within the real estate sector. It is compulsory to obtain RERA registration before engaging in advertising, marketing, booking, selling, offering for sale, or inviting individuals to invest in any plot or building. The primary objectives of this registration are as follows:

  • Ensuring Transparency
  • Promoting Accountability to mitigate the risk of fraudulent practices
  • Safeguarding the interests of both developers and purchasers

The enforcement of the RERA Act takes place at the state level, with responsible authorities overseeing the following:

  • Registration and necessary approvals for commercial properties and residential flats under RERA
  • Regulation of sale and purchase transactions involving real estate properties.

Role and RERA Registration Requirements for Real Estate Agents

A "real estate agent" is a person who acts as a representative and aids others in real estate transactions while earning fees for their services. Real estate agents encompass property dealers, brokers, and intermediaries. Their primary responsibilities revolve around facilitating connections and negotiating agreements to lease or sell land, plots, buildings, and apartments. In India, the Real Estate Regulatory Authority (RERA) Act stipulates that all real estate agents must obtain RERA registration.

RERA Registration Applicability

The applicability of RERA registration is outlined as follows:

  • Promoters, projects, and real estate agents are subject to RERA registration.
  • RERA encompasses commercial, residential, and plotted developments.
  • Builders planning to develop commercial or residential properties on land exceeding 500 square meters or with more than eight proposed apartments must obtain RERA registration.
  • Agents engaged in selling and purchasing properties are obligated to acquire the RERA registration certificate.
  • RERA registration is mandatory for real estate projects with a total development area exceeding 500 square meters or having more than eight apartments across all project phases.
  • Real estate agents selling or transferring plots, apartments, or buildings within RERA-registered projects must obtain RERA registration.
  • Individuals or entities involved in advertising, marketing, booking, selling, or inviting individuals to purchase plots, apartments, or buildings covered by the RERA Act must hold RERA registration.
  • The RERA registration certificate remains valid throughout the state.
  • The applicability of RERA extends to all parties involved in the transaction, and specific property types and their respective area considerations are included in the checklist.

Advantages of RERA Registration for Real Estate Agents

Securing RERA registration provides numerous benefits for real estate agents under the RERA Act. Mandatory for agents dealing with RERA-registered real estate projects, here are the advantages of RERA registration:

Legal Authorization

RERA registration grants legal authorization for advertising, marketing, booking, selling, offering for sale, or inviting individuals to purchase plots, apartments, or buildings covered under the RERA Act.

Enhanced Credibility

RERA registration enhances the credibility of real estate agents, instilling confidence and trust among prospective buyers and sellers. It signifies compliance with regulatory standards, highlighting the agent's professionalism.

Consumer Protection

RERA registration ensures consumer protection by fostering transparency and Accountability in real estate transactions. It establishes a framework for fair practices, curbing fraudulent activities, and providing avenues for addressing grievances.

Access to RERA Projects

Only registered agents can engage with real estate projects registered under RERA. RERA registration broadens agents' business opportunities by granting access to a wider range of projects.

Compliance with Regulations

RERA registration guarantees adherence to the regulations outlined in the Act. Registered agents remain updated on the latest rules and obligations, minimizing non-compliance risks and associated penalties.

Professional Recognition

RERA registration signifies professionalism and dedication to the real estate industry. It sets registered agents apart from their unregistered counterparts, bolstering their reputation and market standing.

RERA registration is crucial for real estate agents, fulfilling legal obligations and establishing trust, credibility, and professionalism in the industry.

Validity of RERA Registration

The registration of a real estate agent remains valid for five years unless revoked before the expiry date. During this period, registered agents must maintain proper books of accounts, records, and financial accounts following regulatory requirements, ensuring transparency and Accountability in their business operations.

Renewal of License

Under the provisions of the RERA Act, a real estate agent's registration can be renewed through the submission of an application, allowing them to extend their license beyond the initial registration period.

Documents Required for RERA Registration

The documents required for RERA registration depend on whether it is for a promoter or a real estate agent. Here is a list of the documents needed:

Documents Required for Promoter Registration:

  • Identification and address proof of the promoter.
  • Photographs
  • PAN Number
  • Email id
  • Commencement Certificate along with the Sanction Plan
  • Layout Plan
  • Location details of the project
  • Proposed course of action for the project's execution
  • Availability of parking spaces within the real estate project
  • Legal documentation confirming the promoter's ownership of the project's land
  • Details of any previous project experience of the promoter, including project name, status, and instances of completion delays

Additional Documents Required for Promoters who are Companies:

  • Certificate of Incorporation
  • CIN / TAN number
  • Memorandum of Association and Articles of Association.
  • The audited balance sheet of the preceding three financial years, the audited report, and the director's report.
  • Particulars of directors or any other authorized personnel.

Documents Required for Real Estate Agent Registration

  • Identification and address proof of the applicant.
  • Photographs
  • Particulars of the real estate agent company, including its name, registered address, bylaws, Memorandum of Association (MOA), Articles of Association (AOA), and type of company

Please note that these requirements are general, and specific state regulations may require additional RERA registration documents.

Procedure for Obtaining RERA Registration

The process to obtain RERA registration involves the following steps:

Filing the RERA Registration Form

The applicant must complete and submit the prescribed registration form to the Government of Tamilnadu. This form should include all the necessary details and accompanying documents.

Submission of Required Documents

The applicant must submit the duly filled application form and the required documents. The applicable fees can be paid through a demand draft, a banker's cheque drawn on a scheduled bank, or online payment methods specified by the real estate regulatory authority.

Verification by the Authority

The authority will review the submitted application and determine whether to accept or reject it within 30 days of receiving the application. If there is no response within this timeframe, the authority will consider it an implicit acceptance.

Issuance of Registration Certificate

Upon acceptance of the application, the regulatory authority will issue a registration certificate to the promoter or the real estate agent. This certificate serves as a confirmation of their registration under RERA.

What Penalties Are Imposed by the RERA Act?

Under the RERA Act, the following penalties come into effect:

Penalties for Agent Defaults

If a real estate agent fails to adhere to any provision of the Act, they may be subject to a fine of Rs 10,000 per day, which can extend up to 5% of the total cost of the plot, apartment, or building.

Punishment for Unfair Trade Practices

If an agent engages in unfair trade practices, they may face imprisonment for up to 1 year.

Exemptions from RERA Registration

Specific projects are not obliged to be registered under the RERA Act. These include:

  • Projects with Land Area and Apartment Limits: Projects with land areas not exceeding 500 square meters or apartments not surpassing eight in number.
  • Projects Involving Renovation, Repair, or Re-development: Projects are limited explicitly to activities such as renovation, repair, or re-development, provided they do not encompass marketing, advertising, selling, or new allotment of any apartment, plot, or building.
  • Projects with Completion Certificates: Projects for which the promoter has already obtained a completion certificate before the commencement of the RERA Act.
  • Please be aware that these exemptions may vary from state to state, as
  • Individual states may have distinct rules and regulations governing projects that are exempted from RERA registration.

Streamline the RERA Registration Process with IndiaFilings

IndiaFilings can provide valuable assistance in obtaining RERA (Real Estate Regulatory Authority) registration in Tamilnadu. With our expertise and knowledge of the regulatory requirements, IndiaFilings can guide real estate promoters and agents through the complex process of RERA registration.

Our services encompass filling out the necessary forms, compiling the required documents, and ensuring compliance with the Tamilnadu RERA rules and regulations of the respective state's RERA authority. By entrusting IndiaFilings with the registration process, individuals and entities in the real estate sector can streamline the registration procedure, saving time and effort while ensuring compliance with the law.

Tamil Nadu RERA Registration for Agents FAQ's

What is RERA?

RERA stands for Real Estate Regulatory Authority, a government body that regulates the real estate sector to protect the interests of homebuyers and promote transparency.

Who is considered an agent under Tamil Nadu RERA?

An agent is any person or entity facilitating the sale or purchase of real estate properties on behalf of buyers or developers.

Is RERA registration mandatory for real estate agents in Tamil Nadu?

Yes, RERA registration is mandatory for real estate agents in Tamil Nadu.

What are the eligibility criteria for agent registration under Tamil Nadu RERA?

The eligibility criteria may include qualifications, experience, and other conditions the RERA authority specifies.

Is the Real Estate Regulatory Authority (RARA) Act 2016 Applicable to Open Plots?

The Real Estate Regulatory Authority (RARA) Act 2016 applies to all commercial and residential real estate projects that have land exceeding 500 square meters or include eight or more apartments. These projects are required to register with the Real Estate Regulatory Authority (RERA) in order to commence, ensuring increased transparency in project marketing and execution.

Is the Real Estate Regulatory Authority (RARA) Act 2016 applicable to completed projects?

As per The Real Estate Regulatory Authority (RARA) Act 2016, Completed projects are exempt from the purview of the RERA Act.

What is the Duration of Registration under RERA?

Under the Real Estate Regulatory Authority (RERA), registration remains valid for the duration necessary to complete the declared project or phase, as stated by the builder or developer.

Is it Possible for RERA to Revoke Registration?

Yes, registration under the Real Estate Regulatory Authority (RERA) can be revoked if RERA receives a complaint against the developer and finds evidence that the developer has failed to adhere to the Act's regulations, violated approval terms and conditions, or engaged in unfair practices while promoting, selling, or advertising their projects.

Is it Possible for RERA Registration to be Revoked?

Yes, RERA has the authority to revoke registration under the Real Estate Regulatory Authority (RERA) if a complaint is lodged against a developer, and RERA determines that the developer has failed to adhere to the rules outlined in the Act, violated the terms and conditions of approval, or engaged in unfair practices when promoting, selling, or advertising their projects.

How can I apply for RERA registration as a real estate agent in Tamil Nadu?

IndiaFilings can help you obtain RERA registration quickly. Call our experts today and start the process.

What documents are needed for agent registration in Tamil Nadu RERA?

Commonly required documents include identity proof, address proof, PAN card, educational qualifications, and photographs.

What Happens to Builders/Developers if RERA Revokes Registration?

When RERA revokes a builder or developer's registration, it can lead to significant consequences. RERA may suggest that the government appoint a competent authority to complete the project. Additionally, the Association of Buyers holds the first right to approve or reject any further development activities in the project. This decision can greatly affect the builder or developer's future actions.

What Penalties Are Imposed by the RERA Act?

Penalties for Agent Defaults
If a real estate agent fails to adhere to any provision of the Act, they may be subject to a fine of Rs 10,000 per day, extending up to 5% of the total cost of the plot, apartment, or building.
Punishment for Unfair Trade Practices
If an agent engages in unfair trade practices, they may face imprisonment for up to 1 year.

How long does obtaining RERA registration as an agent in Tamil Nadu take?

The processing time can vary, but it typically takes a few weeks to complete the registration process.

Is there a renewal process for RERA agent registration in Tamil Nadu?

Yes, RERA agent registration must be renewed periodically per the rules and regulations.

Can I advertise my services as a real estate agent without RERA registration in Tamil Nadu?

No, it is illegal to advertise real estate services without RERA registration in Tamil Nadu.

What are the obligations of a registered agent under Tamil Nadu RERA?

Registered agents must maintain transaction transparency, provide accurate information, and adhere to the RERA guidelines.

What is the role of RERA in resolving disputes involving registered agents in Tamil Nadu?

RERA may mediate and facilitate the resolution of disputes between agents, developers, and consumers.

Are there any exemptions from RERA registration for certain types of agents in Tamil Nadu?

Exemptions, if any, are subject to the regulations and guidelines issued by the RERA authority.

Can a registered agent transfer their registration to another person in Tamil Nadu?

Generally, registrations are not transferable, but specific rules may apply, and it's advisable to consult with the RERA authority for clarity.

Are there any penalties for non-compliance with RERA regulations for agents in Tamil Nadu?

Yes, non-compliance can result in penalties, including fines and registration suspension.

Can an agent appeal against penalties imposed by the RERA authority in Tamil Nadu?

Yes, an agent has the right to appeal against penalties imposed by the RERA authority.

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