How to Become a Real Estate Lawyer

Before the Real Estate Act, 2016, which was passed on March 25th, 2016 and implemented from May 2017, there were a lot of loopholes in the framing of Real Estate Agreements favouring builders. With the immense growth in the Real Estate sector in the recent past, there was also a shift of power. The legalities of all projects related to real estate were handled by builders and so started their dominance over all legal filings and agreements. Thus, builders framed one-sided contracts that allowed them to abuse their power by delaying delivery of possession for flats and altering allotments without the consent of the buyer along with much more. With the coming of the new reform in the legal proceeding of Real Estate, there was also a lot that Real Estate Lawyers had to adapt to and now must keep in mind. This article will be dealing with some of these basic features of Registrations in the Real Estate (Regulation and Development) Act, 2016 for those who wish to start their legal career in Real Estate Law.

To become a successful advocate in the legal field of Real Estate, every lawyer must know anything and everything about ‘Registration’. The most essential part of any development is its registration, and this comes under Section 3 of the Real Estate Act. This section mandates the prior record of any real estate project with the Real Estate Regulation Authority (RERA). The article also states that this procedure needs to be filled and filed before any promotions, advertisements, or purchasing can take place.

However, there are some exceptions to this section which are stated under Section 3(2) of the Act. This portion says that no registration for Real Estate Projects can be allowed if they come under the following criteria:

1. If the project measures about 500sqm or less.

2. If the number of apartments in the building, in all their phases, are developed to less than 8.

3. If the development is for the renovation or repair of existing construction and does not require the addition or allotment of any new property.

Now that we know about when and who needs to file for registrations, let’s move onto the checklist for the registration of Real Estate Projects. Along with the registration form and prescribed registration fee, there are a couple of essential documents that are required to be submitted. They go as followers:

1. The brief details of the project that is about to be launched.

2. The brief details of the Enterprise.

3. The copies of all approvals received from concerned authorities.

4. The copy of the Commencement Certificate.

5. The sanctioned plans, layouts and other specifications of the project itself.

6. The pro forma of the allotment letters, agreements and conveyance deed to be signed by buyers.

7. The type and number of carpet areas and garages in the project.

8. The name and address of the real estate agent, contractor, structural engineers and architect.

9. A declaration by the Promoter along with an affidavit.

Now that we know what goes along with every registration form, we also need to know the circumstances under which the registration of a project can be revoked. RERA can, on the receipt of a complaint or suo moto, cancel the registration of any Real Estate Project if the following occurs:

1. The Promoter fails to uphold any of the rules and regulations under the Real estate Act.

2. The Promoter fails to uphold or violates any of the terms and conditions approved by competent authorities.

3. The Promoter is involved in any illegalities and unfair practices.

Having dealt with the basics about registrations in the Real Estate Sector, this article comes to an end. This, however, doesn’t mean that this is all that is to practice Law in the Real Estate sector or to registrations within the industry for that matter. This is just a brief introduction to the vast field of Real Estate legalities, an area that is on the rise due to the booming of real estate projects all over the country.