• Can i go for registration if rera website is showing as the proposed project completion date for this project is expired

Hi,

i have given an advance for an rera-approved plotted development in devanhalli 6 months back. we got a release order from biappa and individual kathas in the developer's name but the rera website was showing the status of the project as "the proposed project completion date for this project is expired, hence this project is blocked by rera" can we go ahead with registration if we are satisfied with the development and amenities.

note: project completion date as per rera [deleted] and today's date is [deleted].
Asked 5 months ago in Property Law
Religion: Hindu

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7 Answers

in case the developer is unable to meet this deadline, the project is declared lapsed. Once lapsed, the promoter shall not be allowed to advertise, market, book, sell, or offer for sale, or invite persons to purchase in any manner any plot, apartment, or building, as the case may be, in any of such projects.

2) developer/promoter is entitled to seek an extension by making an application along with an explanation for the delay, provision of supporting documents, and the required fee. After considering the application and the explanation, RERA may extend the timeline for the completion of the project

 

3) as on date you cannot go ahead with registration of sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

If you are satisfied with the development and amenities, you can proceed for registration, of all other parameters are O.K. 

Shashidhar S. Sastry
Advocate, Bangalore
5425 Answers
330 Consultations

Hello, 

  1. You may go ahead with the registration if you are satisfied with the development and amenities .
  2. The possibility is that the Rera website hasn't updated and even if it has, you only run the risk of a delay as the developer can get the default rectified.

S J Mathew
Advocate, Mumbai
3596 Answers
175 Consultations

It appears to be risky subject to get the proeprty registered when the RERA status shows that the project completion date for this project is expired, which is equal to no approval by RERA. In that case  you may not be able to approach RERA for any dispute against the developer.

You can wait for the developer to obtain extension of the time limit for completion of project instead of hurrying 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Dear Client,

If the project completion date has expired, the developer should have sought an extension from RERA before the deadline. The status of "blocked" typically means that this process has not been followed, or the extension was not granted. This can have implications for the legal status of the project and any transactions related to it. Release Order from BIAAPA and Individual Kathas indicate that the local planning authority (BIAAPA) and municipal authorities have recognized the project and its individual plots, which is a positive sign regarding the legitimacy of the development. It is advisable to Confirm with the RERA authority why the project is blocked and if there is any possibility for the developer to resolve this issue. Contact the developer and ensure that the developer resolves the RERA blocking issue, either by extending the project completion date or addressing any other compliance requirements. It is a plus point that you are satisfied with the development and amenities but legal compliance is crucial. Proceeding with registration in a blocked project can result in future legal complications. Hence, before registration make sure that the project status is updated and compliant. Should you require any further clarification, please do not hesitate to contact us.

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

The developer can apply for extension of time 

The developer is bound by the contract with the purchaser as regards the completion date and not by the completion date as mentioned on rera website 

However it would be prudent to tell the developer to first seek an extension from rera and have his project unblocked on rera website 

Yusuf Rampurawala
Advocate, Mumbai
7721 Answers
79 Consultations

Dear sir /Madam 

The risk factor would be very high if you go ahead with the registration. 

It is better to get all doubts cleared from the builder and a authorized lawyer by showing all the documentation and doing proper title verification etc before registration . Availing a OC and other clearances would be very difficult for a builder if the proposed project completion date for this project is expired and project is blocked by rera.

I could discuss your case in detail if I  had known more information about your case . But due to limitations, i would request you to contact me personally on phone or at my office for detailed consultation if any required..

If you found my answer help , Please provide your valuable ratings.

Thank you. Warm regards

- Adv Harshita Shah

Harshita Shah
Advocate, Bangalore
29 Answers

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