Section 16 – Real Estate (Regulation and Development) Act, 2016

– (1) For the purpose of clause (b) of section 34,
the Authority shall ensure that the following information shall be made available on its website in
respect of each project registered under the Act, namely:-
(A) Details of the promoter including the following:-
(i) Developer or Group Profile:
(a) a brief detail of his enterprise including its name, registered address, type of
enterprise (proprietorship, limited liability partnership, society, partnership,
company, competent authority) and the particulars of registration and in case
of a newly incorporated or registered entity, brief details of the parent entity
including its name, registered address, type of enterprise (proprietorship,
society, limited liability partnership, partnership, companies, competent
authority);
(b) background of promoter such as educational qualification, work experience
and in case of a newly incorporated or registered entity work experience of
the chairman, directors, partners, as the case may be and that of the authorised
persons of the parent entity; and
(c) name, address, contact details and photograph of the promoter in case of an
individual and the name, address, contact details and photograph of the
chairman, directors, partners, as the case may be and that of the authorised
persons.
(ii) Track record of the promoter:
(a) number of years of experience of the promoter or parent entity in real estate
construction in the State;
(b) number of years of experience of the promoter or parent entity in real estate
construction in other states or union territories;
(c) number of completed projects and area constructed till date;
(d) number of ongoing projects and proposed area to be constructed; and
(e) details and profile of ongoing and completed projects for the last five years
as provided under clause (b) of sub-section (2) of section 4.
(iii) Litigations:
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details of litigations in relation to the real estate projects developed or being
developed in the past five years by the promoter.
(iv) Website:
(a) web link to the developer or group website;
(b) web link to the project website.
(B) Details of the real estate project including the following:-
(i) Registration:
(a) authenticated copy of the approvals and commencement certificate from the
competent authority as provided under clause (c) of sub-section (2) of
section 4;
(b) the sanctioned plan, layout plan and specifications of the project or the phase
thereof and the whole project as sanctioned by the competent authority as
provided under clause (d) of sub-section (2) of section 4; and
(c) details of the registration granted by the Authority.
(ii) Apartment and garage related details:
(a) details of the number, type and carpet area of apartments for sale in the
project as provided under clause (h) of sub-section (2) of section 4;
(b) details of the number and areas of garage or basement parking or stilt parking
for sale in the project as provided under clause (i) of sub-section (2) of
section 4; and
(c) details of the number of open parking including visitor parking areas
available in the real estate project.
(iii) Registered Agents:
names and addresses of real estate agents, if any, as provided under clause (j) of
sub-section (2) of section 4.
(iv) Consultants:
details, including name and addresses, of contractors, architect and structural
engineers and other persons concerned with the development of the real estate
project as provided under clause (k) of sub-section (2) of section 4, such as:-
(a) Name and address of the person;
(b) Names of promoters;
(c) Year of establishment; and
(d) Names and profile of key projects completed.
(v) Location:
the location details of the project, with clear demarcation of land dedicated for
the project along with its boundaries including the latitude and longitude of the
end points of the project as provided under clause (f) of sub-section (2) of
section 4.
(vi) Development Plan:
(a) the plan of development works to be executed in the proposed project and the
proposed facilities to be provided thereof including fire fighting facilities,
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drinking water facilities, emergency evacuation services, use of renewable
energy etc. as provided under clause (e) of sub-section (2) of section 4;
(b) a detailed note explaining the salient features of the proposed project
including access to the project, design for electric supply including street
lighting, water supply arrangements and site for disposal and treatment of
storm and sullage water, any other facilities and amenities or public health
services proposed to be provided in the project; and
(c) gantt charts or milestone charts and project schedule i.e. the plan of the
development works to be executed in the project and the details of the
proposed facilities to be provided thereof and the timelines to achieve the
same .
(C) Financial details of the promoter:
(i) authenticated copy of the PAN card of the promoter; and
(ii) audited balance sheet of the promoter for the preceding financial year and in case
of a newly incorporated or registered entity annual audited balance sheet of the
last three financial years of the parent entity.
(D) The promoter shall upload the following updates on the webpage for the project, within
fifteen days from the expiry of each quarter:
(i) list of number and types of apartments or plots, as the case may be, booked;
(ii) list of number of garages booked;
(iii) status of the project:
(a) status of construction of each building with photographs;
(b) status of construction of each floor; and
(c) status of construction of internal infrastructure and common areas with
photographs.
(iv) Status of approvals:
(a) approval received;
(b) approvals applied and expected date of receipt;
(c) approvals to be applied and date planned for application; and
(d) modifications, amendment or revisions, if any, issued by the competent
authority with regard to any sanctioned plans, layout plans, specifications,
license, permit or approval for the project.
(E) Downloads:
(i) Approvals:
(a) no objection certificates (wherever required under local law)
(i) environmental clearance,
(ii) fire NOC;
(iii) permission for water supply and sewerage;
(iv) height clearance from the Airport Authority of India; and
(v) such other approvals as may be required and obtained for the project.
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(b) authenticated copy of the land use permission and building sanction plan
from the competent authority obtained in accordance with the laws
applicable for the project and where the project is proposed to be
developed in phases, an authenticated copy of the land use permission and
building sanction plan for each of such phases;
(c) authenticated copy of the site plan or site map showing the location of the
project land along with names of revenue villages, survey numbers, khasra
numbers, plot numbers and area of each parcels of the project land;
(d) authenticated copy of the layout plan of the project or the phase thereof,
and also the layout plan of the whole project as sanctioned by the
competent authority;
(e) floor plans for each tower and block including clubhouse, amenities and
common areas;
(f) any other permission, approval or licence that may be required under
applicable law; and
(g) authenticated copy of occupancy certificate or completion certificate
(whichever is required under law applicable) including its application.
(ii) Legal Documents:
(a) details including the performa of the application form, allotment letter,
agreement for sale and the conveyance deed;
(b) authenticated copy of the legal title deed reflecting the title of the
promoter to the land on which development is proposed to be developed
along with legally valid documents with authentication of such title, if
such land is owned by another person;
(c) land title search report from an advocate having experience of at least
three years in land related matters;
(d) details of encumbrances on the land on which development is proposed
including any rights, title, interest or name of any party in or over such
land along with details or no encumbrance certificate from an advocate
having experience of at least three years in land related matters;
(e) where the promoter is not the owner of the land on which development is
proposed details of the consent of the owner of the land along with a copy
of the collaboration agreement, development agreement, joint
development agreement or any other agreement, as the case may be,
entered into between the promoter and such owner and copies of title and
other documents reflecting the title of such owner on the land proposed to
be developed;
(f) sanction letters:
(i) from banks for construction loan; and
(ii) from banks for home loan tie-ups.
(g) details of mortgage or charge, if any, created on the land and the project.
(F) Contact details:
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contact address, contact numbers and email-id of the promoter and other officials
handling the project.
(G) Such other documents or information as may be specified by the Act or the rules and
regulations made thereunder.
(2) For the purpose of clause (c) of section 34, the Authority shall maintain a database and
ensure that the information specified therein shall be made available on its website in respect of
each promoter as defaulter including the project details, registration for which has been revoked or
have been penalised under the Act.
(3) For the purpose of clause (d) of section 34, the Authority shall ensure that the following
information shall be made available on its website in respect of each real estate agent registered
with it or whose application for registration has been rejected or revoked:
(A) for real estate agents registered with the Authority:
(i) registration number and the period of validity of the registration of the real
estate agent;
(ii) brief details of his enterprise including its name, registered address, type
of enterprise (proprietorship, society, partnership, company etc.);
(iii) particulars of registration as proprietorship, society, partnership, company
etc including the bye-laws, memorandum of association, articles of
association etc. as the case may be;
(iv) name, address, contact details and photograph of the real estate agent if he
is an individual and the name, address, contact details and photograph of
the partners, directors etc. in case of others;
(v) authenticated copy of the PAN card; and
(vi) authenticated copy of the address proof of the place of business of the real
estate agent and its other officials.
(B) In case of applicants whose application for registration as a real estate agent have
been rejected or real estate agents whose registration has been revoked by the
Authority:
(i) registration number and the period of validity of the registration of the real
estate agent;
(ii) brief details of his enterprise including its name, registered address, type of
enterprise (proprietorship, society, partnership, company etc.); and
(iii) name, address, contact details and photograph of the real estate agent if he
is an individual and the name, address, contact details and photograph of
the partners, directors etc. in case of others.
(C) Such other documents or information as may be specified by the Act or the rules and
regulations made thereunder.
(4) The Authority shall maintain a back-up, in digital form, of the contents of its website in
terms of this rule and ensure that such back-up is updated on the last day of each month.