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Andhra Pradesh Real Estate (Regulation and Development) Rules, 2017

Published vide Notification G.O.Ms.No. 115, dated 27.3.2017

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Chapter-I

Preliminary

(a) "Act" means, the Real Estate (Regulation and Development) Act, 2016 (Central Act No. 16 of 2016);

(b) "Annexure" means, an annexure appended to these rules;

(c) "Appellate Tribunal" means, the Andhra Pradesh Real Estate Appellate Tribunal [APREAT] established under sub-section (1) of section 43 of the Act;

(d) "Applicant" means person making an application under section 4 of the Act;

(e) "Appropriate Government" means, the State Government;

(f) "Authenticated copy" shall mean, a self-attested copy of any document required to be provided by any person under these rules;

(g) "Authorised Representative" means, a person duly authorised to present Application or to give reply on its behalf before the Authority or Appellate Tribunal;

(h) "Authority" means, the Andhra Pradesh Real Estate Regulatory Authority [APRERA] established under section 20 of the Act;

(i) "Complainant" means, any aggrieved person making a complaint under the Act;

(j) "Disclosures" means, the information and documents to be uploaded by the Promoter on the website of the Regulatory Authority as well as the information and documents, which he is liable to give or produce or cause to be given and produced to the person intending to take or invest in the project under the Act including those disclosures to the public at large through print media, electronic media, property exhibitions and promotional events under various related Acts;

(k) "Form" means, a form appended to these rules;

(l) "Layout Plan" means, a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(m) "Legal Practitioner" shall have the same meaning as is assigned to it in the Advocates Act, 1961 (Central Act No.25 of 1961);

(n) "Limited common areas and facilities of a building" means, entrance hall, staircases, lift, common passages on every floor, firefighting systems within building including fire chute, service floors or terraces above the upper most floor of the building but does not include utility areas;

(o) "Ongoing Project" means, a Project where development is going on and for which Occupancy Certificate or Completion Certificate has not been issued but excludes such Projects which fulfill any of the following criteria on the date of notification of these rules.

1) Where roads, open spaces, amenities and services have been handed over to the local authority in layout Projects.

2) Where all slabs are laid in housing projects

3) Where all developmental works have been completed and sale/ lease deeds of 50% of the Apartments/Houses/Plots have been executed

4) Where development works have been completed and application has been filed to the competent authority for issue of Completion or Occupancy Certificate.

(p) "Project Land" means, any parcel or parcels of land on which the project is developed and constructed by a promoter; and

(q) "Section" means, a section of the Act;

Chapter-II

Real Estate Project

3-A Application for Registration of Projects by Promoter. - (1) Application for registration of a proposed project shall be submitted by Promoter by himself or through his Authorized Representative accompanied with the passport size photograph of Promoter duly signed by Promoter in Form No. A to the Authority for the registration of the project and for displaying it on the website of the Authority. The Application shall be made in writing in Form No. A [in triplicate] until the application procedure is made web based as provided under sub-section (3) of section 4 of the Act.

(2) Application in case of the ongoing project, the Promoter shall himself or through his Authorised Signatory submit the same duly signed by him along with two passport size photographs in Form No.A for registration of the project application within a period of (90) days from the date of commencement of these Rules.

(3) The Application shall be submitted at the office of the Authority along with the Registration Fees as prescribed from time to time.

(4) The method of payment of Registration Fees shall be through NEFT or RTGS System at the time of filing of the web based online application or through a demand draft drawn on any scheduled bank in case of submission of the application at the Office of the Authority until the web based online application system is operationalized.

(5) In case the promoter applies for withdrawal of application for registration of the project before the expiry of the period of 30 days provided under sub-section (1) of section 5 and in sub-rule (2) of rule 7, registration fee to the extent of ten percent paid under sub-rules (3) and (4) above, or the amount as prescribed whichever is more, shall be retained as processing fee by the Regulatory Authority and the remaining amount shall be refunded to the promoter within thirty days from the date of such withdrawal.

(6) Every promoter shall make separate application for registration of every project for the construction of each phase, separate building or group of buildings in case of Layout as may be with Authority:

3-B Contents of the Application for Registration of the Project. - (1) The promoter shall self-certify and attach the following documents along with the Application for registration in Form No. A and shall produce the original documents of the same for verification whenever so directed by the Authority, namely :-

(a) Name and Nature of Organization/Promoter;

(b) In case of Company or Partnership or Joint Venture, Cooperative Society, Firm, Association of Persons or body of individuals whether incorporated or not, any such other entity, Names and registered addresses of all the Directors/Partners/Office bearers of the Society along with their respective DIN numbers, Telephone Nos, Email Address on which official correspondence is to be communicated;

(c) authenticated copy of the PAN card;

(d) audited balance sheet of the promoter for the preceding financial year and income tax returns of the promoter for three preceding financial years;

(e) Detailed description of land including the copy of land records of develop able or non-develop able land, development plan remarks with site plan;

(f) Details of the Agreement between the Owner of the land and the Promoter authorising the latter to undertake the construction of the building (Copy of the Registered Agreement to be Annexed);

(g) Nature of promoter's title to the land including copy of the title deed to be annexed along with the title Certificate regarding the Land for which application is preferred by the promoter;

(h) Nature of encumbrances on the land, including the right, title, interest or claim of any other person in or over such land (Details of the cases pending before the Authorities or in Courts of Law and their current status);

(i) Copy of Approvals obtained by the promoter in accordance with the laws for time being in force;

(j) Specify whether the project is to be developed in phases or otherwise;

(k) In case the project is to be developed in phases then the promoter shall submit the Approvals from the Competent Authority for the Phase to be undertaken;

(l) Copy of Sanctioned Plan, Layout Plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the Competent Authority;

(m) The copy of plan of development works to be executed in proposed project and proposed facilities to be provided thereof including firefighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy;

(n) Full address of the proposed development project along with the land mark nearby;

(o) Location details of the project along with clear details of the land dedicated for the development project along with its boundaries including the latitude and Longitude of the end points of the project;

(p) Number of floors to be constructed in building and shall also disclose Number of Apartments for sale in the project on each floor, Carpet Area of such Apartments for Sale in the said project along with area of the Balcony and or Verandah or exclusive open terrace area if any;

(q) Disclose the number and areas of garages/parking areas for sale in the project;

(r) Names and addresses of the Civil Contractors, or turnkey contractor, or EPC Contractors, Structural Engineer of the project;

(s) Names and addresses of Architect, Engineer, Chartered Accountant or name of firm or company together with their office addresses;

(t) Disclose the names and addresses of his real estate agents, if any, for the proposed project along with their registration number under APRERA;

(u) Detailed technical specifications of the construction of the building/s as approved by the Competent Authority under any law for the time being in force;

(v) Estimate of the expenditure for the construction of the building and the source from which such expenditure is sought to be financed;

(w) Details of financial agreement made with any bank or other financial institution recognised by the Reserve Bank of India and of legal safeguards taken, if any, for the construction of building, or transfer of building by sale, gift or mortgage or otherwise;

(x) Copy of documents showing details of mortgage or any other legal encumbrances created on land in favour of any bank or financial institution recognised by the Reserve Bank of India;

(y) The period within which the physical possession of the apartment is to be handed over to allottees;

(z) Proforma of the Allotment Letter, Agreement for Sale and the Conveyance Deed proposed to be signed with the Allottee;

(aa) Details of the nature of the fixtures, fittings, amenities and common areas, of the apartment, plot or building, as the case may be, as approved by the Competent Authority;

(bb) File and Structural Stability Certificate duly issued by Certified Structural Consultant/Engineer;

(cc) Details of insurance of title of the land and building as a part of real estate project and construction of the real estate project and any other insurance as may be required by the law.

(2) The Promoter shall file a declaration, supported by an affidavit, which shall be signed by the promoter or any person authorised by the promoter, stating:-

(a) that he has a legal title to the land on which the development is proposed along with valid documents with authentication of such title, if such land is owned by person other than the promoter;

(b) that the land is free from all encumbrances, or as the case may be details of the encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details;

(c) the time period within which he undertakes to complete the project or phase thereof, as the case may be;

(d) The time schedule for connecting the building in which the apartment is proposed to be sold with the services such as sewerage, water supply, electricity, drainage and the like as applicable, subject to force majeure event;

(e) The nature of the fixtures and fittings with regard to the flooring and sanitary fittings and the provision of one or more lifts to be provided with particulars in respect of the brand of items of fixtures, fittings and lift if they are branded or otherwise along with price range of items if not branded;

(f) The particulars in respect of the design, type of concrete, material to be used in the construction of the building and the technology, prefabricated, precise, earthquake resistance and the like;

(g) The particulars and numbers of firefighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy, rain water harvesting systems, solid waste management, sewage treatment plant, solar plant;

(h) that seventy per cent 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 to cover the cost of construction of the project and the land cost;

(i) Promoter shall forthwith give information regarding any legal proceedings relating to the project if instituted before any legal authority or court of law and the order or directions if any issued after registration of project by it relating to such project to the Authority.

(j) The promoter shall give an undertaking to the effect that he shall submit statement of Accounts duly certified and signed by the Chartered Accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilised for the project and the withdrawal has been in-compliance with the proportion to the percentage of completion of the project.

(k) The promoter shall also give an undertaking to the effect that he shall take all the pending approvals from the competent authorities if any;

(l) The details of insurances obtained by the promoter regarding title and construction of the project.

(m) Shall give an undertaking in writing that promoter will inform within 30 days with regard to any change in ownership of promoter.

(n) As required under clause (l) of sub-section (2) of section 4 of the Act the promoter shall submit the Declaration in Form 'B', stating that the he shall not discriminate against any allottee at the time of allotment of any apartment, plot or building, as the case may be.

6-A Grant of Registration of the Project. - (1) On receipt of the Application, the Authority or, as the case may be, the officer authorized by him shall enter the particulars of the Application in the Register of Applications to be maintained by the Authority in Form - Q and shall give Serial Number to the Application and endorse on every application the date on which it is presented and shall sign the endorsement.

(2) The Authority shall, within (30) working days from the date of receiving the application for the registration of the Project, scrutinize the Application and register the Project along with the Promoter if it is satisfied that,-

(a) the Project meets the criteria as laid down by the Act and rules made thereunder,

(b) the Project has all the necessary permissions as required under any law for the time being in force and is in consonance with the provisions of the Act and rules made thereunder and the regulations made by the Authority; and

(c) The Promoter has appropriate financial, technical, construction and management capacity to execute and complete the proposed Project.

(3) Upon registration of a project, the Authority shall issue a Certificate of Registration as per Form - C, with Registration Number to the Project along with the name of the Promoter.

(4) The Certificate of Registration shall be issued to the Promoter as well as the concerned authority that has sanctioned the plan for construction of building under any law for the time being in force.

(5) The Authority shall provide access to the Promoter to its Website by issuing a login ID and a Password for further uploading of all information as required by the Act and Rules.

(6) The names of Promoter and the registered Project shall be entered in a register to be maintained by the Authority in such manner as may be determined by it, by regulations.

(7) The Authority may, without prejudice to the generality of sub rules (3) and (4), require any guarantee, indemnity, undertaking or such other security to be furnished by Promoter before granting Certificate of Registration as may be deemed necessary to satisfy itself in respect of the requirements contemplated in sub-rules (3) and (4).

(8) The registration and the Login Id as well as Pass word granted to the promoter shall be valid for a period declared by the Promoter under sub clause (C) of clause (l) of sub-section (2) of section 4 of the Act for completion of the project or phase thereof, as the case may be.

6-B Refusal of Registration of the Project. - (1) If the Authority, on receipt of application for registration of the Project, is of the opinion that the registration shall be refused for non-submission of necessary documents along with the Application or incomplete Application, it shall issue a notice to the Promoter in writing mentioning details of documents which are not submitted along with the Application and give such time as the Authority may deem fit and proper for submission of the documents and completion of Application;

(2) If the promoter fails or neglect to submit the necessary documents called by the Authority within period stipulated in the notice, then the Authority shall after giving opportunity of hearing to the promoter refuse to grant registration of the project;

(3) If the Authority, on receipt of application/documents for registration of the Project, is of the opinion that the registration shall be refused on certain reasons, it shall issue a notice to the Promoter in writing mentioning its intention to reject the application and the reasons therefor calling upon promoter to give reasons as to why his registration shall not be refused on the grounds mentioned in the notice within period specified in the notice;

(4) The Promoter shall file his reply to notice within time stipulated in the said notice through himself or through his Authorised Representative or Legal Representative;

(5) Pending consideration of the Application for registration of project by the Authority, the Promoter shall not make any advertisement for sale of Project or create any third party interest in the project;

(6) If the Authority on considering the representations of the Promoter, is of the view that the Promoter has not met the requirements of section 4 of the Act or Rules satisfactorily, it shall reject the application by a assigning reasons as per Form - D and convey its decision to Promoter so also to the concerned Authority who has sanctioned the project under any law for the time being in force.

Chapter-III

Real Estate Agent

(a) brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies etc.);

(b) particulars of registration including the bye-laws, memorandum of association, articles of association etc. as the case may be;

(c) photograph of the real estate agent if it is an individual and the photograph of the partners, directors etc. in case of other entities;

(d) details of projects if any for which he has acted as agent in last 5 years before the date of submission of form for registration;

(e) the Agent shall disclose if there are any civil or criminal cases pending against him;

(f) authenticated copy of the PAN card;

(g) Income tax returns filed under the provisions of the Income tax Act, 1961(Central Act No.43 of 1961) for three financial years preceding the application or in case the applicant was exempted from filing returns under the provisions of the Income tax Act, 1961(Central Act No.43 of 1961) for any of the three year preceding the application, a declaration to such effect;

(h) authenticated copy of the address proof of the place of business; and

(i) such other information and documents, as may be specified by regulations.

(1) not facilitate the sale or purchase of any plot, Apartment or building as the case may be, in the real estate Project or part of it, being sold by the promoter in any planning area which is not registered with the Regulatory Authority;

(2) maintain and preserve such books of account, records and documents in accordance with the provisions of the Income tax Act, 1961(Central Act No.43 of 1961) and also as prescribed by regulations of the Regulatory Authority;

(3) not involve himself in any unfair trade practices, namely:-

(a) the practice of making any statement, whether orally or in writing or by visible representation which-

(i) falsely represents that services or amenities are of a particular standard or grade;

(ii) represents that the Promoter or himself has approval or affiliation which such Promoter or himself does not have;

(iii) makes a false or misleading representation concerning the services which the Promoter does not have;

(b) permitting the publication of any advertisement whether in any newspaper or other media of services that are not intended to be offered by the Promoter;

(4) facilitate the possession of all the information and documents, as the allottee is entitled to, at the time of booking of any plot, apartment or building or as the case may be;

(5) maintain the register of Allottees in Form - R and the statement indicating person wise receipts and disbursement in respect of sums accepted as advance from the Allottees and the statement indicating purpose wise receipts in respect of sums accepted as advance or commission and shall be in Form - S respectively;

(6) discharge such other functions as prescribed by the regulations of the Regulatory Authority.

Chapter-IV

Details to be Published on the Website of the Authority

(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 of the parent entity including its name, registered address, type of enterprise (proprietorship, societies, limited liability partnership, partnership, companies, competent authority);

(B) background of promoter-educational qualification, work experience and in case of a newly incorporated or registered entity work experience of the parent entity.

(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;

(E) details and profile of ongoing and completed projects for the last 5 years as provided under clause (b) of subsection (2) of section 4.

(iii) Litigations: Details of past or ongoing litigations in relation to the real estate project.

(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) Compliance and 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;

(C) details of the registration granted by the Authority.

(ii) Apartment and garage/parking related details:

(A) Details of the number, type and carpet area of apartments for sale in the project as provided under clause (h) of subsection (2) of section 4;

(B) Details of the number and areas of garage/parking for sale in the project as provided under clause (i) of sub-section (2) of section 4;

(C) Details of the number of open parking areas available in the real estate project.

(iii) Registered Agents: Names and addresses of real estate agents 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 firm

(B) Names of promoters

(C) Year of establishment

(D) License Number and the validity of the license as issued by the Competent Authority

(E) 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 subsection (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 firefighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy etc. as provided under clause (e) of sub-section (2) of section 4;

(B) Amenities: 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;

(C) Gantt Charts and Project schedule: the plan of development works to be executed in the project and the details of the proposed facilities to be provided thereof.

(c) Finances of the promoter:

(i) authenticated copy of the PAN card of the promoter

(ii) audited balance sheet of the promoter for the preceding financial year and income tax returns of the promoter for three preceding financial years and in case of a newly incorporated or registered entity annual returns of the last (3) financial years of the parent entity.

(d) The promoter shall upload the following updates on the webpage for the project, within seven 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/parking areas booked;

(iii) Status of the project:

(A) Status of construction of each building with photographs;

(B) Status of construction of each floor with photographs;

(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;

(D) Modifications, amendment or revisions, if any, issued by the competent authority with regard to any license, permit or approval for the project.

(e) Downloads:

(i) Approvals:

(A) No Objection certificates

(1) Consent to Establish and Operate;

(2) Environmental Clearance;

(3) NOC from A P Disaster Response and Fire Services Department;

(4) Permission from Water and Sewerage department/concerned Local Authority dealing with such function;

(5) Height clearance from Airport Authority of India;

(6) Latest Copy of the receipt of the Tax paid for Property/Land to the concerned Local Authority;

(7) Such other approvals as may be required and obtained for the project.

(B) Authenticated copy of the license or land use permission, building sanction plan and the commencement certificate 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 license or land use permission, building sanction plan and the commencement certificate 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 estates, survey numbers, cadastral numbers, khasra 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;

(G) Authenticated copy of occupancy certificate and completion certificate including its application.

(ii) Legal Documents:

(A) Details including the proforma 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 ten 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 ten 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:

(1) From banks for construction finance;

(2) From banks for home loan tie-ups.

(f) Contact details: Contact address, contact numbers and email-ids 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.

(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 with the regulatory authority;

(ii) brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies etc.);

(iii) particulars of registration including the bye-laws, memorandum of association, articles of association etc. as the case may be;

(iv) photograph of the real estate agent if it is and individual and the photograph of the partners, directors etc. in case of other persons;

(v) authenticated copy of the PAN card;

(vi) income tax returns filed under the provisions of the Income tax Act, 1961 (Central Act No.43 of 1961) for three financial years preceding the application or in case the applicant was exempted from filing returns under the provisions of the Income Tax Act, 1961 for any of the three year preceding the application, a declaration to such effect;

(vii) authenticated copy of the address proof of the place of business and the contact address, contact numbers and email-ids of the real estate agent and other officials responsible.

(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 regulatory authority:

(i) registration number and the period of validity of the registration of the real estate agent with the regulatory authority;

(ii) brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies etc.);

(iii) photograph of the real estate agent if it is and individual and the photograph of the partners, directors etc. in case of other persons.

(c) Such other documents or information as may be specified by the Act or the rules and regulations made thereunder.

Chapter-V

Rate of Interest Payable by Promoter and Allottee and Timelines for Refund

Chapter-VI

Real Estate Regulatory Authority

(a) Chief Justice of the High Court of the State or his nominee;

(b) The Additional Chief Secretary or Principal Secretary or Secretary to the Government, Municipal Administration & Urban Development Department; and

(c) Secretary to the Government, Law Department.

(ii) The Chief Justice of the High Court of the State or his nominee shall be the Chairman of the Selection Committee.

(iii) All members of the Committee including the Chairman shall be present at the time of meeting of the Committee.

(b) Search Committee shall finalize a panel of suitable persons and forward the same to the Selection Committee.

(c) The Selection Committee shall select a panel of eligible persons for each vacancy and recommend the same to the Government within fifteen days from the date of reference made.

Chapter-VII

Salary and Allowances Payable and other Terms and Conditions of Service of Chairperson and Members of the Regulatory Authority

(a) The Chairperson of the Authority shall be paid a salary equivalent to that of the Chief Secretary of the Government;

(b) The whole-time Members shall be paid salary equivalent to that of the Principal Secretary of the Government;

(c) Every part-time member, who is not a servant of the Government, shall be paid a sitting fee for each day he attends the meetings of the regulatory authority as may be fixed by the government, from time to time and they shall not be entitled to any allowance relating to house and vehicle.

(b) Leave Sanctioning Authority: Leave sanctioning authority in case of,-

(i) The Chairperson of the Authority, shall be the Minister-in-charge of the Municipal Administration and Urban Development Department of the Government; and

(ii) The Members of the Authority shall be the Chair person.

(b) The Chairperson and every Member shall be his own controlling officer in respect of his bills relating to travelling allowances and daily allowances; and

(c) Domestic official tours: The Chairperson and a Member, while on tour, shall be entitled to the facility of government accommodation in the guest house or inspection bungalows run by the Government or hotel accommodation in case Government accommodation is not available, as applicable to Chief Secretary or Principal Secretary of Government.

(b) A Member shall be entitled to residential accommodation as admissible to the rank of Principal Secretary to the Government drawing an equivalent pay. On demitting office, the Chairperson and Member shall be entitled to retention of residential accommodation for one month, on the same terms and conditions; and

(c) If the Chairperson or the Member has his own accommodation or residential house in the headquarters and does not avail Government accommodation, then he is entitled to get house rent allowance admissible to the Chief Secretary to the Government and Principal Secretary to Government respectively.

(a) all matters pertaining to creation and abolition of posts;

(b) all matters pertaining to pay and allowances of the officers and staff of the authority;

(c) authorization of tours to be undertaken by any Member, officer or employee outside India and allowance to be granted for the same;

(d) permission for hiring of vehicles for official use;

(a) To make appointments to the posts of the officers and employees of the Authority from a panel prepared by the Selection Committee;

(b) acceptance of resignations by any Member, officer or employee;

(c) Making arrangements for officiating against sanctioned posts;

(d) authorization of tours to be undertaken by any Member, officer or employee: within India and allowance to be granted for the same;

(e) all matters in relation to reimbursement of medical claims as per the existing Government Orders;

(f) all matters in relation to grant or rejection of leaves.

(g) all matters relating to disciplinary action against any Member, officer or employee;

(a) The Government shall constitute a Selection Committee with the following composition to make selections for officers and employees of the Authority;

(b) The Selection Committee shall consist of the Chair Person of the Authority, Principal Secretary to the Government, MA & UD department and Principal Secretary to the Government, Finance department;

(c) The Chairperson of the Authority shall be Chairman of the Selection Committee.

(d) The Selection Committee may devise its own procedure for selection of the officers and employees of the Authority.

(e) The Selection Committee shall follow the procedures prescribed for the Departmental Promotion Committees in the Government in making promotions for the officers and employees of the authority.

Chapter-VIII

Powers and Functions of the Authority

(a) to require the promoter, allottee or real estate agent to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary;

(b) to requisition, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (Central Act No.1 of 1872), any public record or document or copy of such record or document from any office.

(a) the nature of rights and interest of the promoter to the land which is proposed to be developed;

(b) extent and location of area of land proposed to be developed;

(c) layout plan of the project;

(d) financial, technical and managerial capacity of the promoter to develop the project;

(e) plan regarding the development works to be executed in the project; and

(f) conformity of development of the project with neighboring areas.

(a) withdrawn the said amounts from the account maintained as provided under sub clause (D) of clause (l) of sub-section (2) of section 4; or

(b) used any amounts paid to such promoter by the allottees for the real estate project for which the penalty, interest or compensation is payable, or any other real estate project;

(c) recovered the amounts paid as penalty, fine or compensation from the allottees of the relevant real estate project or any other real estate project.

Chapter-IX

Service Conditions of the Officers and other Employees of the Authority

Chapter-X

Real Estate Appellate Tribunal

(a) The Chairperson shall be paid a monthly salary equivalent to the last drawn salary by such person, as a Judge of a High Court;

(b) The whole-time Member shall be paid a monthly salary equivalent to the last drawn salary at the post held by such person, prior to his appointment as a Member of the Appellate Tribunal;

(c) Every full-time Member, who is not a servant of the Government, shall be paid a monthly salary equivalent to the Additional Secretary to the Government of India;

(d) Every part-time Member, who is not a servant of the Government, shall be paid a sitting fee for each day he attends the meetings of the Appellate Tribunal as may be determined by the government, from time to time.

(a) all matters pertaining to creation and abolition of posts;

(b) all matters pertaining to pay and allowances of the officers and staff of the Appellate Tribunal;

(c) permission for hiring of vehicles for official use;

(a) To make appointments to the posts of the officers and employees of the Appellate Tribunal from the panel prepared by the Selection Committee;

(b) acceptance of resignations by any Member, officer or employee;

(c) Making arrangements for officiating against sanctioned posts;

(d) all matters in relation to reimbursement of medical claims as per the existing Government Orders;

(e) all matters in relation to grant or rejection of leaves.

(f) all matters relating to disciplinary action against any Member, officer or employee;

(a) The Government shall constitute a Selection Committee with the following composition to make selections for officers and employees of the Appellate Tribunal;

(b) The Selection Committee shall consist of the Chair Person of the Appellate Tribunal, Principal Secretary to the Government, Municipal Administration & Urban Development Department and Principal Secretary to the Government, Finance department;

(c) The Chairperson of the Appellate Tribunal shall be Chairman of the Selection Committee.

(d) The Selection Committee may devise its own procedure for selection of the officers and employees of the Appellate Tribunal.

(e) The Selection Committee shall follow the procedures prescribed for the Departmental Promotion Committees in the Government in making promotions for the officers and employees of the Appellate Tribunal.

(a) An attested true copy of the order against which the appeal is filed;

(b) Copies of the documents relied upon by the appellant and referred to in the appeal;

(c) An index of the documents.

(a) the statement of charges against the Chairperson or Member of the regulatory authority or Appellate Tribunal, as the case may be; and

(b) material documents relevant to the inquiry.

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of document;

(c) receiving evidence on affidavits; and

(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (Central Act No.1 of 1872), requisitioning any public record or document or copy of such record or document from any office.

Chapter-XI

Offences and Penalties

(a) Upon receipt of the complaint the regulatory authority shall issue a notice along with particulars of the alleged contravention and the relevant documents to the respondent;

(b) The notice shall specify a date and time for further hearing;

(c) On the date so fixed, the regulatory authority shall explain to the respondent about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder and if the respondent:

(i) pleads guilty, the regulatory authority shall record the plea, and pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations, made thereunder;

(ii) does not plead guilty and contests the complaint the regulatory authority shall demand and explanation from the respondent;

(d) In case the regulatory authority is satisfied on the basis of the submissions made that the complaint does not require any further inquiry it may dismiss the complaint;

(e) In case the regulatory authority is satisfied on the basis of the submissions made that the there is need for further hearing into the complaint it may order production of documents or other evidence on a date and time fixed by it;

(f) The regulatory authority shall have the power to carry out an inquiry into the complaint on the basis of documents and submissions;

(g) On the date so fixed, the regulatory authority upon consideration of the evidence produced before it and other records and submissions is satisfied that -

(i) the respondent is in contravention of the provisions of the Act or the rules and regulations made thereunder it shall pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations made thereunder;

(ii) the respondent is not in contravention of the provisions of the Act or the rules and regulations made thereunder the regulatory authority may, by order in writing, dismiss the complaint, with reasons to be recorded in writing.

(h) If any person fails, neglects or refuses to appear, or present himself as required before the regulatory authority, the regulatory authority shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.

(a) Upon receipt of the complaint the adjudicating officer shall issue a notice along with particulars of the alleged contravention and the relevant documents to the promoter;

(b) The notice shall specify a date and time for further hearing;

(c) On the date so fixed, the adjudicating officer shall explain to the promoter about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder and if the promoter:

(i) pleads guilty, the adjudicating officer shall record the plea, and award such compensation as he thinks fit in accordance with the provisions of the Act or the rules and regulations, made there under;

(ii) does not plead guilty and contests the complaint the adjudicating officer shall demand and explanation from the promoter;

(d) In case the adjudicating officer is satisfied on the basis of the submissions made that the complaint does not require any further inquiry it may dismiss the complaint;

(e) In case the adjudicating officer is satisfied on the basis of the submissions made that the there is need for further hearing into the complaint it may order production of documents or other evidence on a date and time fixed by him;

(f) The adjudicating officer shall have the power to carry out an inquiry into the complaint on the basis of documents and submissions;

(g) On the date so fixed, the adjudicating officer upon consideration of the evidence produced before him and other records and submissions is satisfied that the promoter is-

(i) liable to pay compensation, the adjudicating officer may, by order in writing, order payment of such compensation, as deemed fit by the promoter to the complainant; or

(ii) not liable to any compensation, the adjudicating officer may, by order in writing, dismiss the complaint, with reasons to be recorded in writing.

(h) If any person fails, neglects or refuses to appear, or present himself as required before the adjudicating officer, the adjudicating officer shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.

Chapter-XII

Miscellaneous

Chapter-XIII

Budget and Report

Form- 'A'

[See rule 3-A (1), 3(2)]

Application for Registration of Project

The real Estate Regulatory Authority

(i) Statues of the applicant, whether individual/company/proprietorship firm/ societies/partnership form/competent authority:

(ii) In case of individual-

(a) Name

(b) Father's Name

(c) Occupation

(d) Permanent address

(e) Photograph

(a) Name

(b) Address

(c) Copy of registration certificate

(d) Main objects

(e) Name, photograph and address of chairmen of the governing body/partners/directors etc.

(iii) PAN No. :

(iv) Name and address of the bank or banker with which account in terms of section 4 (2)(I)(D) of the Act will be maintained :

(v) Details of project land held by the applicant :

(vi) Brief details of the projects lunched by the promoter in the last five years, whether already completed or being developed, as the case may be, including the current statues of the said projects, any delay in its completion, details of cases pending , details of types of land and payments pending etc.

(vii) Agency to take up external development works Local Authority/Self Development;

(viii) Registration fee by way of a demand draft dated drawn on bearing no. for an amount of Rs /- calculated as per sub rule (3) of rule 3;

(ix) Any other information the applicant may like to furnish.

(i) authenticated copy of the PAN card of the promoter;

(ii) audited balance sheet of the promoter for the preceding financial year and income tax returns of the promoter for three preceding financial years;

(iii) copy of the legal title deed reflecting the title of the promoter to the land on which development is proposed to be developed along which legally valid documents with authentication of such title, if such land is owned by another person;

(iv) the 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;

(v) where the promoter is not the owner of the land on which developments 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;

(vi) an authenticated copy of the approvals and commencement certificate from the competent authority obtained in accordance with the laws as may be applicable for the real estate project motioned in the application, and where the project is proposed to be developed in phase, an authenticated copy of the approvals and commencement certificate from the competent authority for each of such phases;

(vii) the sanctioned plan, layout plan and specification of the proposed project or the phase thereof, and the whole project as sanctioned by the competent authority;

(viii) the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire - fighting facilities drinking water facilities, emergency evacuation services, use of renewable energy;

(ix) 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;

(x) proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be singed with the allottees;

(xi) the number, type and the carpet area of apartments for sale in the project along with the area of the excusive balcony or veranda areas and the exclusive open terrace areas apartment with the apartment, if any;

(xii) the number and area of garage for sale in the project;

(xiii) the number of open parking areas available in the real estate project;

(xiv) the names and addresses of his real estate agents, if any, for the proposed project;

(xv) the names and addresses of the contractors, architect, structural engineer, if any and other persons concerned with the development of the proposed project;

(xvi) a declaration in FORM'B'.

Yours faithfully,

Signature and seal of the
applicants(s)

Form - 'B'

[See rule 3B-(2) (n)]

Declaration, Supported by An Affidavit, which shall be Signed by the Promoter any person Authorizes by the Promoter

Affidavit cum Deceleration

Deponent

Verification

Deponent

Form - "C'

(See Rule - 6A (3))

Registration Certificate of Project

(i) The promoter shall enter into an agreement for sale with the allottees as provided in "Annexure A"

(ii) The promoter shall execute and register a conveyance deed in favour of the allottee or the association of the allottees, as the case may be of the apartment or the common areas as per section 17;

(iii) The promoter shall deposit seventy percent of the amounts realized by the promoter in a separate account to be maintained in a schedule bank to cover the cost of construction and the land cost to be used only for that purpose as per sub-clause (D) of clause (I) of sub-section (2) of section 4;

(iv) The registration shall e valid for a period of ...............years commencing from .................... and ending with............................. unless renewed by the Real Estate Regulatory Authority in accordance with section 6 read with rule 7 of the Act.

(v) The promoter shall comply with the provisions of the Act and the rules and regulations made there under.

(vi) The promoter shall not contravene the provisions of any other law for the time being in force in the area where the project is being developed.

Signature and seal of the Authorized Officer
Real Estate Regulatory Authority.

Form "D"

(See rule 6-B (6), rule 7 (4): rule:8)

Intimation of Rejection of Application for Registration of Project/rejection of Applications for Extension of Registration of Project/Revocation of Registration of Project

The Real Estate Regulatory Authority,

Signature and seal of the Authorized
Officer Real Estate Regulatory Authority.

Form "E"

(See rule 7 (1))

Application for Extension of Registration of Project

The Real Estate Regulatory Authority.

(i) A demand Draft No..............................dated...............................for rupees.................................. In favour of ..................................drawn on .................................bank as extension fee as provided under sub-rule (2) of rule 7:

(ii) Authenticated Plan of the project showing the stage of development works undertaken till date:

(iii) Explanatory note regarding the state of development works in the project and reason for not completing the development works in the project within the period declared in the declaration submitted in Form "B" at the time of making application for the registration of the project......................................

(iv) Authenticated copy of the permission approval from the competent authority which is valid for a period which is longer than the proposed term of extension of the registration sought from the regulatory authority:

(v) The original project registration certificate; and

(vi) Any other information as may be specified by regulations.

Yours faithfully,

Signature and seal of the applicant(s)

Form "F'

(See rule 7(4))

Certificate for Extension of Registration of Project

Or

(i) The promoter shall execute and register a conveyance deed in favour of the allotee or the association of the allottees, as the case may be, of the apartment or the common areas as per section 17:

(ii) The promoter shall deposit seventy percent of the amounts realized by the promoter in a separate account to be maintained in a schedule bank to cover the cost of construction and the land cost to be used only for that purpose as per sub-clause (D) of clause (1) of sub-section (2) of section 4:

(iii) The registration shall be valid for a period of ...........................years commencing from .............................and ending with..........................unless renewed by the Real Estate Regulatory Authority in accordance with section 6 read with rule:7 of the Act.

(iv) The promoter shall comply with the provisions of the Act and the rules and regulations made thereunder:

(v) The promoter shall not contravene the provisions of any other law for the time being in force in the area where the project is being developed.

(vi) If the above mentioned conditions are not fulfilled by the promoter the regulatory authority may take necessary action against the promoter including revoking the registration granted herein, as per the Act and the rules and regulations made thereunder:

Signature and seal of the Authorised Officer
Real Estate Regulatory Authority.

Form "G"

(See rule 10(1))

Application for Registration of Real Estate Agent

The Real Estate Regulatory Authority

Or

(i) Status of the applicant, whether individual/company/proprietorship firm/societies/partnership firm/limited liability partnership:

(ii) In case of individual:-

(a) Name:

(b) Father's name

(c) Occupation

(d) Permanent address

(e) Photograph

In case of firm/societies/companies:-

(a) Name:

(b) Address

(c) Copy of registration certificate

(d) Major activities

(e) Name, Photography and address of partners/directors etc:

(iii) Income tax returns filed under the provisions of the Income Tax Act, 1961 for three financial years preceding the application or in case the applicant was exempted from filing returns under the provisions of the Income Tax Act, 1961 for any of the three year preceding the application a declaration to such effect:

(iv) Particulars of registration including the bye-laws, memorandum of association, articles of association etc; as the case may be;

(v) Authenticated copy of the address proof of the place of business:

(vi) Details of registration in any other State:

(vii) Any other information the applicant may like to furnish

(i) Demand Draft No. ................................ dated ............................. for a sum of Rs ................... In favour of ...........................drawn on ................................ bank as registration fee as per sub-rule (2) of rule 10;

(ii) In come tax returns of the last 3 years or declaration as the case may be:

(iii) Authenticated copy of the PAN card of the real estate agent: and

(iv) Authenticated copy of the registration as a real estate agent in any other State, if applicable:

Yours faithfully,

Signature and seal of the applicant(s).

Form "H"

[See rule 11(I)]

Registration Certificate of Real Estate Agent

(i) The read estate agent shall not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter which is required but not registered with the regulatory authority:

(ii) The real estate agent shall maintain and preserve such books of account, records and documents as provided under rule 14;

(iii) The real estate agent shall not involve himself in any unfair trade practices as specified under clause ( c ) of section 10;

(iv) The real estate agent shall provide assistance to enable the allottee and promoter to exercise their respective rights and fulfil their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be.

(v) The real estate agent shall comply with the provisions of the Act and the rules and regulations made there under;

(vi) The real estate agent shall not contravene the provisions of any other law for the time being in force in the area where the project is being developed;

(vii) The real estate agent shall discharge such other functions as may be specified by the regulatory authority by regulations;

Signature and seal of the Authorised Officer
Real Estate Regulatory Authority

Form "I"

(See rule 11 (2), 12(4), 13 )

Intimation of Rejection of Application for Registration of Real Estate Agent/rejection of Application for Renewal of Registration of Real Estate Agent/revocation of Registration of Real Estate Agent

Signature and seal of the Authorised Officer
Real Estate Regulatory Authority

Form "J"

[See rule 12(I)]

Application for Renewal of Registration of Real Estate Agent

The Real Estate Regulatory Authority.

(i) A demand draft No. ........................... Dated ................................... for rupees .............................. in favour of ........................................ drawn on .............................................. bank as renewal fee;

(ii) The original registration certificate; and

(iii) Status of the applicant, whether individual/company/proprietorship firm/ societies/partnership firm/limited liability partnership;

(iv) In case of individual-

(a) Name

(b) Father's Name

(c) Occupation

(d) Permanent address

(e) Photograph

(a) Name

(b) Address

(d) Major activities

(e) Name, photograph and address of partners/directors.

(v) income tax returns filed under the provisions of the Income Tax Act, 1961 for three financial years preceding the application or in case the applicant was exempted from filing returns under the provisions of the Income Tax Act, 1961 for any of the three year preceding the application, a declaration to such effect;

(vi) Particulars of registration including the bye-laws, memorandum of association, articles of association etc., as the case may be;

(vii) authenticated copy of the address proof of the place of business;

(viii) Details of registration in any other State;

(ix) Any other information as specified by regulations.

Yours faithfully,

Signature and seal of the applicant(s)

Form "K"

(See rule 12(4))

Renewal of Registration of Real Estate Agent

(i) The real estate agent shall not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter which is required but not registered with the regulatory authority.

(ii) The real estate agent shall maintain and preserve such books of account, records and documents as provided under rule 14;

(iii) The real estate agent shall not involve himself in any unfair trade practices as specified under clause ( c ) of section 10';

(iv) The real estate agent shall facilitate the possession of all documents, as the allottee is entitled to, at the time of booking of any plot, apartment or building, as the case may be.

(v) The real estate agent shall provide assistance to enable the allottee and promoter to exercise heir respective rights and fulfil their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be.

(vi) The real estate agent shall comply with the provisions of the Act and the rules and regulations made thereunder;

(vii) The real estate agent shall not contravene the provisions of any other law for the time being in force in the area where the project is being developed:

(viii) The real estate agent shall discharge such other functions as may be specified by the regulatory authority by regulations;

Signature and seal of the Authorised Officer
Real Estate Regulatory Authority

Form 'L'

[See Rule 34 (2)]

Appeal To Appellate Tribunal

Appeal under Section 44 of the Act.

(i) Name of the Appellant :

(ii) Address of the existing office/residence of the Appellant :

(iii) Address for service of all Notices :

(i) Name(s) of Respondent(s) :

(ii) Office address of the Respondent(s) :

(iii) Address for service of all Notices :

(i) Amount

(ii) Name of the Bank on which drawn

(iii) Demand draft number

(i) An attested true copy of the order against which the appeal is filed

(ii) Copies of the documents relied upon by the appellant and referred to in the appeal.

(iii) An Index of the documents

Verification

Signature of the appellant(s)

Form 'M'

[See Rule 37 (1)]

Complaint to Regularory Authority

Complaint under section 31 of the Act.

(i) Name of the Complainant :

(ii) Address of the existing office/residence of the Complainant :

(iii) Address for service of all Notices :

(i) Name(s) of Respondent(s) :

(ii) Office address of the Respondent(s) :

(iii) Address for service of all Notices :

(i) Amount

(ii) Name of the Bank on which drawn

(iii) Demand draft number

Verification

Signature of the appellant(s)

Form 'N'

[See Rule 38 (1)]

Application to Adjudicating Officer

Claim for compensation under section 31 read with section 71 of the Act.

(i) Name of the Applicant :

(ii) Address of the existing office/residence of the Applicant :

(iii) Address for service of all Notices :

(iv) Details of allottees apartment, plot or building

(i) Name(s) of Respondent(s) :

(ii) Office address of the Respondent(s) :

(iii) Address for service of all Notices :

(iv) Registration No. and address of project :

(i) Amount

(ii) Name of the Bank on which drawn

(iii) Demand draft number

Verification

Signature of the appellant(s)

Form 'Q'

[See rule 39]

Annual Statement of Accounts

(In Rupees)

Chairperson (Signature)

Income and Expenditure Account

For the 1st April ________________ to 31st March ______________________

Chairperson (Signature)

Balance Sheet as on 31st march ...........................

(In Rupees)

Chairperson (Signature)

Form 'P'

[See rule 40]

Annual Report to be Prepared By Regulatory Autority

Form - Q

[See rule 6-A (1)]

Andhra Pradesh Real Estate Regulatory Authority Register of Applications For Registration of the Project

Form - R

[See rule 14 (5)]

Andhra Pradesh Real Estate Regulatory Authority Register of Allottees

Statement Indicating Person Wise Receipts and Disbursement in Respect of Sums Accepted as Advance From the Allottees

Form - S

[See rule 14 (5)]

Andhra Pradesh Real Estate Regulatory Authority Register Of Allottees

Statement Indicating Purpose Wise Receipts In Respect Of Sums Accepted As Advance Or Commission

(Amount in Rs.)

Annexure 'A'

[See rule 3]

Agreement For Sale

[Or]

(i). The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];

(ii). The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]:

(iii). The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;

(iv). The Total Price of the [Apartment/Plot] includes: 1. Pro rata share in the Common Areas; and 2) ______ garage(s)/parking(s) as provided in the Agreement.

(i). The Allottee shall have exclusive ownership of the [Apartment/Plot];

(ii). The Allottee shall also have undivided proportionate share in the Common Areas. Since the share/interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areasalong with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;

(iii). That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project.

(i). The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;

(ii). The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;

(iii). There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]

(iv). There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];

(v). All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;

(vi). The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;

(vii). The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;

(viii). The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement;

(ix). At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;

(x). The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;

(xi). The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;

(xii). No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

(i) Promoter fails to provide ready to move in possession of the [Apartment/Plot] to the Allottee within the time period specified. For the purpose of this clause, 'ready to move in possession' shall mean that the apartment shall be in a habitable condition which is complete in all respects;

(ii) Discontinuance of the Promoter's business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder.

(i) Stop making further payments to Promoter as demanded by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interest; or

(ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartment, along with interest at the rate specified in the Rules and also all the components of Total Price as defined in Clause1.2 within forty-five days of receiving the termination notice:

(i) In case the Allottee fails to make payments for ____ consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified in the Rules.

(ii) In case of Default by Allottee under the condition listed above continues for a period beyond ____ consecutive months after notice from the Promoter in this regard, the Promoter shall cancel the allotment of the [Apartment/Plot] in favour of the Allottee and refund the amount money paid to him by the allottee by deducting the booking amount and the interest liabilities and this Agreement shall thereupon stand terminated.