Meghalaya RERA

The real estate sector has grown in the recent years but has largely been unregulated from the perspective of consumer protection. Consumer protection laws were available but were curative, not preventive.

To ensure accountability, transparency, professionalism, standardization, symmetry of information, and timely dispute resolution, and to promote good governance.

As defined under section 2(g): For Union territory without Legislature - Central Government; Puducherry - Union Territory Government; Delhi - Central Ministry of Urban Development; for States - the respective State Government.

Notify rules, establish authorities and tribunals, designate officers, appoint staff, and create necessary infrastructure for implementation.

Yes. The Act covers both private and public bodies involved in developing and selling real estate projects.

Yes. Both parties involved in construction and sale are jointly liable as promoters.

Yes, as per the Act, the rate of interest payable by either the promoter or the allottee shall be the same. The rate is to be specified by the appropriate Government in the Rules.

Yes, emails, SMS, and issuance of a prospectus are all considered advertisement as per the definition in Section 2(b).

Yes, a person who acquires an apartment or plot through transfer or sale is considered an allottee. But rental agreements are excluded.

Yes, open parking areas are included in the definition of common areas and cannot be sold separately.

If only one certificate is issued which covers the aspects of both, it will suffice the requirements under the Act.

Occupancy certificate ensures the apartment/building is fit for habitation. Completion certificate confirms the entire project is built as per approved plans.

It includes land cost, development charges, taxes, etc., and is used to calculate penalties in case of violations under Chapter VIII.

A garage, as defined in Section 2(y), can be sold independently to the allottee, unlike open parking which is part of common areas.

Yes. The terms are used interchangeably under Section 2(zn) and 2(zj).

Yes. The term includes individuals and platforms like web-portals involved in property sales, and they must comply with registration and duties.

Such terms shall have the meaning assigned to them under municipal laws or other relevant laws currently in force.

Yes, the Act covers both residential and commercial real estate. 'Apartment' and 'building' as defined under the Act include both types.

Yes. All ongoing projects that have not received a completion certificate before the Act commenced are required to register within 3 months of its commencement.

All projects within a 'planning area' require registration. Projects beyond planning areas can also be required to register, if directed by the Authority in the interest of allottees.

Projects with land less than 500 sq.m or up to 8 apartments, projects with prior completion certificate, and those under renovation without new sales/advertisement are exempt.

Only after the project is registered with the Regulatory Authority as per Section 3(1).

Promoter must provide all details as per Section 4, including documents, plans, and declarations. Forms and fees are specified by the Rules.

The promoter must submit a complete application with all required information, documents, and fees as per the Rules framed by the appropriate Government.

The Authority may grant the promoter an opportunity to complete the application. If non-compliance persists, it may reject the application after giving a hearing.

Yes. If the Authority fails to respond within 30 days of the application, the project is deemed to be registered.

It is valid for the period declared by the promoter at the time of registration as the time required to complete the project.

Yes. A separate account must be maintained for each project, into which 70% of the money from allottees is deposited for construction and land cost.

Only in proportion to the percentage of project completion and must be certified by an engineer, architect, and chartered accountant.

Yes. Within 6 months of the end of every financial year, the promoter must get accounts audited by a chartered accountant.

Yes. Initially, the process could be both manual and online. After 1 year of commencement, it must be fully online.

Yes. Extensions are allowed for up to one year under reasonable circumstances or force majeure, which includes natural calamities, war, etc.

These are as prescribed by the Rules made by the appropriate Government including forms and fees for extension.

Yes. The Authority may revoke registration for reasons such as violations or default, but only after giving the promoter a fair opportunity to be heard.

The Authority may debar the promoter, freeze the project account, and direct completion by a competent authority or association of allottees.

Yes. It ensures accountability and transparency and allows the agent to facilitate sales legally under the Act.

No. Agents can only facilitate transactions in projects registered under the Act.

Registration is valid for a period as per Rules of the Authority, usually 5 years, and is renewable.

Yes. If the agent is found guilty of breach of conditions, fraudulent practices, or misrepresentation, the Authority may revoke registration.

They include maintaining books of accounts, assisting in project registration, and ensuring compliance with the Act by parties involved.

To take over project assets, ensure maintenance, represent interests of buyers, and aid transparency in management of the complex.

Yes. Under Section 8, if registration is revoked, the Authority may direct completion through other means in the interest of allottees.

Yes. Only with written consent of two-thirds of allottees and prior written approval of the Authority.

The promoter is liable for any loss or damage caused to the allottee due to false statement in advertisement or prospectus.

No. The promoter cannot accept more than 10% without entering into a written agreement for sale and registering it.

As prescribed under the Rules and should be in the format of Annexure A. The agreement must contain all essential project details and obligations.

Yes. If not, the allottee is entitled to refund with interest and compensation or stay in the project and receive interest for delay.

Yes. The allottee may stop payment until the promoter fulfills obligations and resumes agreed construction schedule.

Promoter is liable to rectify defects within 30 days of notice, free of charge, within 5 years of handing over possession.

At any time, if the promoter violates provisions of the Act or terms of the agreement for sale.

Complaints can be filed with the Regulatory Authority or the Adjudicating Officer for compensation-related disputes.

Yes. Any aggrieved party may file an appeal with the Appellate Tribunal and further appeal to High Court within 60 days.

Yes. The Act provides for monetary penalties, imprisonment, or both depending on the nature of the offence.

Yes. The Authority can impose monetary penalties for contravention of provisions of the Act by promoters, allottees, or agents.

Yes. Violations of other applicable laws can also be reported and dealt with by the competent authority.

Any aggrieved person including allottees, promoter, or real estate agent can file a complaint for violations of the Act.

Yes. The Authority is required to dispose complaints within 60 days. If delayed, reasons must be recorded in writing.

The Authority can regulate, monitor, enforce provisions, and ensure compliance through directions, penalties, and inquiries.

Yes. The Authority may encourage settlement of disputes through conciliation between parties, before taking up inquiry.

Yes. Promoters may be imprisoned up to 3 years and agents or allottees up to 1 year for certain violations.

Yes. The court may allow compounding of offences before or after initiation of prosecution, on payment of prescribed amount.

Any person aggrieved by an order of the Regulatory Authority or Adjudicating Officer can file an appeal within 60 days.

Yes. Appeals must be filed within 60 days from the date of receipt of the order or with justification for delay.

Yes. The Real Estate (Regulation and Development) Act, 2016 overrides other inconsistent laws for matters it covers.

Yes. No suit, prosecution, or legal proceeding shall lie against the Authority or its members for acts done in good faith.

By mandating disclosures, project registration, regular updates, and digital publication of project details on RERA websites.

They are responsible for establishing RERA, framing rules, and enabling enforcement within their jurisdictions.

Yes. Annexure A of the Rules provides a model agreement that must be followed for uniformity and fairness.

Yes. The Central Government may issue directions to States for implementation and coordination of RERA provisions.