Guide to RERA Uttar Pradesh

by  Adv. Abhijeet Sawant  

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Decoding Uttar Pradesh RERA Regulations

The Real Estate (Regulation and Development) Act, 2016 (RERA) is indeed implemented in Uttar Pradesh with its own regulatory body, the Uttar Pradesh Real Estate Regulatory Authority (UP RERA). Here’s a summary of its key aspects:

Objectives:

  • Protect Homebuyers’ Interests: Ensure transparency, accountability, and fair play in real estate transactions, safeguarding buyers from potential malpractices.
  • Regulate the Real Estate Sector: Establish a comprehensive framework for project registration, standardized agreements, and grievance redressal mechanisms.
  • Boost Market Confidence: Increase transparency and trust in the sector, attracting investments and promoting healthy growth.

Key Features:

  • Mandatory Project Registration:
    • Applies to new and ongoing residential and commercial projects exceeding:
      • 500 sq. m of land area.
      • Apartments exceeding the number specified by the State Government (information not readily available).
    • Ensures project details like plans, approvals, and timelines are publicly accessible, enabling informed decision-making by buyers.
  • Standardized Agreements:
    • A prescribed format for sale agreements outlines the rights and responsibilities of both developers and buyers.
    • Promotes clarity and minimizes ambiguity in terms and conditions, reducing potential disputes.
  • Escrow Account Security:
    • Developers must deposit 70% of buyer funds into an escrow account.
    • These funds can only be withdrawn for specific construction milestones, safeguarding buyer investments and ensuring project completion.
  • Dispute Resolution:
    • UP RERA provides a mechanism for addressing complaints and disputes:
      • Adjudicating Officer System: Deals with claims up to Rs. 50 crore.
      • Appellate Tribunal: Handles claims exceeding Rs. 50 crore.
    • Aims for faster and more efficient resolution of disputes.
  • Penalties for Violations:
    • Strict consequences for developers who non-comply with RERA regulations, including:
      • Delays in project completion.
      • Providing misleading information.
      • Failing to meet obligations.
    • Promotes responsible practices and protects buyer interests.

Benefits:

  • Increased Transparency: Project details and regulations are easily accessible, empowering buyers with better information.
  • Enhanced Accountability: Developers are held accountable for their actions through stricter regulations and oversight.
  • Faster Dispute Resolution: A dedicated system aims for quicker and more efficient resolution of issues between buyers and developers.
  • Boosted Market Confidence: A more secure and fair environment fosters trust and attracts investments, benefiting both buyers and developers.

Rules and Regulations of RERA in Uttar Pradesh

The Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016, along with the Act itself, establish the framework for RERA implementation in the state. Here’s a breakdown of some key aspects:

Project Registration:

  • Applicability: Mandatory for new and ongoing residential and commercial projects exceeding:
    • 500 sq. m of land area.
    • Number of apartments specified by the State Government (information not readily available, but likely similar to other states exceeding 8 apartments).
  • Process:
    • Developers must submit an online application form with project details, plans, and fees through the UP RERA website (https://www.up-rera.in/).
    • UP RERA scrutinises applications and may request clarifications or additional information.
    • Upon successful verification, a unique registration number is issued.
  • Documents Required:
    • Developer/company registration documents (e.g., Certificate of Incorporation, MOA, AOA)
    • Identity and address proof of directors/promoters
    • Land ownership documents with clear titles
    • Approved layout plans, building plans, and other approvals
    • Technical feasibility reports and architect certificates
    • Financial statements (if applicable)
    • Sale agreement and allotment letter formats
    • Experience and expertise details of the developer
    • Self-declaration of compliance with RERA regulations

Sale of Apartments:

  • Standardized Agreements: A prescribed format ensures clarity and fairness by outlining:
    • Payment schedules
    • Possession timelines
    • Consequences for delays
    • Rights and responsibilities of both developers and buyers

Disclosures: Developers are obligated to disclose all relevant information about the project, including:

  • Carpet area
  • Amenities
  • Approvals
  • Potential risks

Advertisement Regulations: Fair and accurate representation of the project is mandated, focusing on carpet area and approved features.

Rights and Responsibilities:

  • Homebuyers’ Rights:
    • Timely possession of property
    • Access to project information
    • Redressal for grievances through UP RERA
  • Developers’ Obligations:
    • Completion of projects within stipulated timelines
    • Adherence to sanctioned plans
    • Compliance with RERA regulations

Dispute Resolution:

  • Adjudicating Officer System: Deals with claims up to Rs. 50 crore.
  • Appellate Tribunal: Handles claims exceeding Rs. 50 crore.
  • Time-Bound Process: Aimed at speedy resolution of disputes between buyers and developers.

Penalties for Violations:

  • Financial Penalties: Heavy fines are imposed on developers for non-compliance with RERA regulations.
  • Imprisonment: In severe cases, imprisonment can be imposed for offences like misleading information or project abandonment.

Additional Points:

  • Recent Developments: UP RERA has mandated registration for leasehold properties, both commercial and residential, irrespective of the size of the project.
  • Resources: Refer to the UP RERA website (https://www.up-rera.in/) for detailed information, rules, and FAQs.

Ensure informed decision-making throughout your UP real estate journey. Our legal experts offer consultations on various aspects, including RERA compliance guidance, to empower you with the knowledge you need. Schedule a consultation today!

RERA UP registration process for promoters (developers) in Uttar Pradesh

Eligibility:

  • This applies to developers undertaking new or ongoing residential and commercial projects exceeding:
    • 500 sq. m of land area.
    • Number of apartments specified by the State Government (information not readily available, but likely similar to other states exceeding 8 apartments).

Steps Involved:

  1. Register on the UP RERA Website:
    • Visit the UP RERA website: https://www.up-rera.in/
    • Click on “Register” and select “Promoter/Project.
    • Create an account and fill in the required details.
  2. Project Registration:
    • Choose “New Registration” and enter project details (name, location, area, number of units).
    • Upload necessary documents as per the UP RERA checklist available on the website.
  3. Payment of Fees:
    • Calculate and pay the registration fees online through the UP RERA website. The fees vary based on project size and location. Use the online fee calculator available on the website for an estimate.
  4. Scrutiny and Approval:
    • UP RERA authorities will review your application and documents.
    • You may be required to provide clarifications or additional information if needed.
  5. Registration Confirmation:
    • Upon successful verification, UP RERA will issue a unique registration number for your project.

Required Documents:

  • Developer/company registration documents (e.g., Certificate of Incorporation, MOA, AOA)
  • Identity and address proof of directors/promoters (PAN card, passport-sized photographs)
  • Land ownership documents with clear titles (sale deed, title clearance certificate)
  • Approved layout plans, building plans, and other necessary approvals
  • Technical feasibility reports and architect certificates
  • Latest audited financial statements (if applicable)
  • Sale agreement and allotment letter formats
  • Experience and expertise details of the developer
  • Self-declaration of compliance with RERA regulations

Additional Notes:

  • The process can generally take around 30-45 days.
  • Consulting a lawyer specializing in real estate matters is recommended for guidance throughout the registration process.
  • Ensure all documents are complete and accurate to avoid delays.

RERA UP Registration Process for Agents

The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) mandates registration for real estate agents operating in the state. Here’s a breakdown of the process:

Eligibility:

  • Any individual or firm intending to operate as a real estate agent in Uttar Pradesh must register with UPRERA.

Documents Required:

  • Completed online application form (available on the UP RERA website)
  • PAN Card of the applicant (individual) or directors/partners (firm/company)
  • Address proof (Aadhaar card, Voter ID, etc.)
  • Passport-sized photograph of the applicant
  • Educational qualification certificates (if any)
  • Experience certificates in the real estate sector (if any)
  • Details of any past disciplinary actions or criminal cases (if applicable)
  • In the case of firms/companies:
    • Copy of Memorandum of Association (MOA) and Articles of Association (AOA)
    • Proof of company registration

Steps Involved:

  1. Visit the UP RERA Website: Access the official UP RERA website: https://www.up-rera.in/
  2. Register as an Agent: Click on “Registrations” and choose “Agent Registration.” Select “New User” and register to create an account using your details.
  3. Apply Online: Log in to your account and navigate to the “Agent Registration” section. Click on “New Application” and fill out the online application form accurately and completely.
  4. Upload Documents: Upload scanned copies of all the required documents mentioned above in the designated sections of the online application.
  5. Payment of Registration Fee: Pay the registration fee online. The fee is a one-time charge and varies depending on whether you’re applying as an individual or a firm/company:
    • Individual Applicants: Rs. 25,000
    • Firms/Companies: Rs. 50,000
  6. Form Submission: After reviewing your application for accuracy, submit it electronically.
  7. Scrutiny and Verification: UPRERA will scrutinize your application and documents. They may contact you for further information or clarifications.
  8. Registration Approval: Upon successful verification, UPRERA will grant your registration and issue a unique registration number. This number must be displayed on your business cards, and marketing materials, and used when representing yourself as a RERA-registered agent.

Additional Tips:

  • Ensure a stable internet connection for online applications and document uploads.
  • Maintain clear and legible scanned copies of documents for upload.
  • Double-check all information entered in the application form for accuracy.
  • You can track the status of your application on the UP RERA website using your login credentials.

How to check the status of RERA-registered projects in Uttar Pradesh

Method 1: Using the UP RERA Website:

  1. Visit the Uttar Pradesh Real Estate Regulatory Authority (UP RERA) website: https://www.up-rera.in/.
  2. Click on “Project Status” on the homepage.
  3. You can search for projects by various criteria, including:
    • Project name: Enter the specific name of the project you’re interested in.
    • Registration number: If you have the project’s registration number, you can search directly using that.
    • Promoter name: Enter the name of the developer or promoter.
    • Location: If known, enter the location (city, district) of the project.
  4. Enter your desired search term(s) in the relevant field(s).
  5. Click on “Search.
  6. The search results will display a list of projects matching your criteria.
  7. Click on the project name to view detailed information, including:
    • Registration status (registered, under process, etc.)
    • Project details (name, location, area, type)
    • Promoter information
    • Latest updates and financial statements

Method 2: Contacting UP RERA:

  • You can contact the UP RERA authority directly through their website or by phone. However, their response may be limited to information available publicly on the website.

Important Points:

  • The information on the UP RERA website might not be updated in real time.
  • For the most recent status, it’s advisable to contact the developer or visit the project site.
  • While the information provided is generally reliable, it’s always recommended to consult directly with the developer or relevant authorities for the most up-to-date and accurate information about a specific project’s status.

Contact Details of UP-RERA

Office Address

Headquarters, Lucknow

Naveen Bhavan, Rajya Niyojan Sansthan, Kala Kankar House, Old Hyderabad, Lucknow, Uttar Pradesh – 226007

Regional Office, Greater Noida

H – 169, Chitvan State Rd, Estate Sector, Block H, Gamma II, Greater Noida, Uttar Pradesh – 201308

Helpline Numbers

Headquarters, Lucknow

+91 9151602229, +91 9151642229

Regional Office, Greater Noida

+91 9151672229, +91 9151682229

Email Address 

Regarding Project Registration, Extension, Edit, Withdrawal of Registration, Project Account Closure

technicaladvisor@up-rera.in

Regarding Enforcement of Orders

Headquarters Benches

jointsecretary@up-rera.in

Regional Office Benches

deputysecretary@up-rera.in

Other Queries

contactuprera@up-rera.in

Simplify legal uncertainties in your UP real estate transactions with our comprehensive property legal consultation service. Our experts can guide you through RERA regulations, agreements, and more. Schedule a consultation for clear and actionable advice.

UP RERA Advertising and Project Registration Guidelines

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has established guidelines to ensure transparency and fairness in real estate advertising and project registration. These guidelines are based on Section 37 of the RERA Act.

Advertising Compliance (Section 37):

  • Prominent RERA Details: All project advertisements (print, electronic, and outdoor) must clearly display the project’s UP RERA registration number. The number should be positioned for easy visibility.
  • UP RERA Website Link: Advertisements should include a readily accessible link to the UP RERA website (https://www.up-rera.in/) for further project and RERA regulation details.

Project Registration Requirements:

  • Accurate Information: Developers must register projects with UP RERA and upload complete and accurate details to the official portal. This includes details about directors, contact information, project features, and timelines.
  • Transparent Communication:
    • Mega Projects: Developers of large-scale projects (“mega projects”) must establish a dedicated helpline for addressing buyer inquiries and concerns.
    • Active Contact: All developers must maintain functioning phone numbers to answer questions from potential buyers.
  • Document Uploads:
    • Registration Completion: Ensure project registration on the UP RERA portal is complete with all necessary details.
    • Bank Statements: Submit records for three of the developer’s company bank accounts.
    • Model Sales Agreement: Upload the model sales agreement used for the project.
    • Quarterly Progress Reports (QPRs): Timely upload QPRs to support any requests for project extension approvals.

Consequences of Non-Compliance:

Failing to comply with these UP RERA guidelines, as outlined in Section 63 of the RERA Act, can lead to penalties imposed on the developer by the UP RERA authority.

Benefits of Compliance:

Following these guidelines promotes transparency and builds trust with potential buyers by ensuring accurate information and clear communication throughout the project lifecycle.

RERA Forms for Buyers, Agents and Developers

For Buyers:

APPEAL TO APPELLATE TRIBUNAL FORM – LClick Here
COMPLAINT TO REGULATORY AUTHORITY FORM – MClick Here
APPLICATION TO ADJUDICATING OFFICER FORM – NClick Here

For Agents:

REGISTRATION CERTIFICATE OF REAL ESTATE AGENT FORM- HClick Here 
APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT FORM – JClick Here 
APPEAL TO APPELLATE TRIBUNAL FORM – LClick Here 
COMPLAINT TO REGULATORY AUTHORITY FORM – MClick Here 
APPLICATION TO ADJUDICATING OFFICER FORM – NClick Here 

For Developers:

APPLICATION FOR REGISTRATION OF PROJECT FORM – AClick Here 
DECLARATION  FORM – BClick Here 
REGISTRATION CERTIFICATE OF PROJECT – CClick Here 
INTIMATION OF REJECTION FORM – DClick Here 
APPLICATION FOR EXTENSION OF REGISTRATION FORM – EClick Here 
CERTIFICATE FOR EXTENSION OF REGISTRATION FORM – FClick Here 
APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT FORM – GClick Here 

How to File a Complaint under UP-RERA

Online Complaint:

  1. Visit the UP RERA Website: Access the official website: https://www.up-rera.in/.
  2. Register or Login: If you’re a new user, create an account by following the on-screen instructions. Existing users can log in with their credentials.
  3. Initiate Complaint Process: Locate the section for “Complaint Registration” or “File a Complaint.”
  4. Fill Out the Online Form: The online form will require details like:
    • Your Information: Name, contact details, etc.
    • Project Details: Project registration number, name of the developer, etc.
    • Complaint Description: Clearly explain the issue you’re facing with the project. Be specific and factual, mentioning dates and any relevant reference numbers.
    • Supporting Documents: Upload scanned copies of documents that strengthen your case (agreements, emails, payment receipts, photos, etc.)
  5. Submit and Pay the Fee: Once you’ve reviewed everything for accuracy, submit the online complaint form electronically. There might be a fee associated with filing a complaint; check the UP RERA website for current information (around Rs. 1,000). You’ll likely need to pay online using a debit card, credit card, or net banking.
  6. Track Your Complaint: Upon successful submission, you’ll receive a reference number or acknowledgement number. Use this number to track the progress of your complaint by logging into the UP RERA website.

Offline Complaint:

  1. Download the Complaint Form (Form-M): You can download Form-M from the UP RERA website or obtain it from their office.
  2. Fill Out the Form: Provide all the required information on the form, including your details, project details, and the nature of your complaint. Attach any supporting documents.
  3. Submit the Form: Submit the completed Form-M in person at the UP RERA office or send it by registered post.

The cost of RERA registration in Uttar Pradesh 

UP RERA Agent Registration Fees

CategoryRegistration FeeRenewal Fee
Individual AgentRs. 25,000Rs. 5,000
Other than Individual AgentRs. 2,50,000Rs. 50,000

Project Registration Fees (Promoters)

Project TypeUp to 1,000 Sq.m.More than 1,000 Sq.m.
ResidentialRs. 10 per Sq.m.Rs. 500 per 100 Sq.m.
CommercialRs. 20 per Sq.m.Rs. 1,000 per 100 Sq.m.

Other UP RERA Charges

ParticularsFees
Any appeal under subsection (1) under Section 44Rs. 1,000
Complaint against anyoneRs. 1,000
Withdrawal of application for registrationRs. 50,000 or up to 10% of the registration fee (whichever is higher)

Documents Required for RERA Registration in UP

For Promoters:

  • Project Details:
    • Title deed reflecting ownership of the land or legally valid documents with authentication for land owned by another person.
    • Project plan copy.
    • Encumbrance Certificate for the project land.
    • Details of approvals and permissions obtained (building permits, layout approvals, etc.).
    • Collaboration agreement or joint development agreement (if applicable).
  • Company Documents: (if applicable)
    • Company Registration Certificate (CRC)
    • PAN card copy.
    • CIN/TAN details.
    • Brief company profile.
    • Photographs of Chairman and Directors.
  • Financial Documents:
    • Audited balance sheet for the previous financial year.
    • Income tax return documents for the last three financial years.
  • Individual Documents: (if applicable)
    • PAN card copy.
    • Aadhaar card copy.
    • Passport-sized photograph.
  • Other Documents:
    • Any other permission, approval, or license required under applicable law.
    • Authenticated copy of occupancy certificate/completion certificate (including application, if applicable).
    • Legal Documents: Details including proforma of application form, allotment letter, agreement for sale, and conveyance deed.

For Agents:

  • Individual:
    • PAN card (self-attested copy)
    • Aadhaar card (self-attested copy)
    • Passport-sized photograph
    • Proof of Uttar Pradesh residence (voter ID, passport, or bank statement)
    • Affidavit on Rs. 100 stamp paper stating no conviction for dishonesty or fraud offences
  • Company/Partnership/Firm:
    • Registration proof for the company/partnership/firm
    • Documents mentioned above for individual directors/partners (PAN, Aadhaar, photograph)

Recent Addition:

  • Registration is now mandatory for leasehold properties (both commercial and residential), irrespective of the size of the project. This might require additional documents specific to lease agreements and ownership structures.

Safeguard your investments with tailored legal advice from our experienced property law specialists. We offer property legal consultations to understand your specific needs, including RERA-related guidance, to minimize risks and ensure informed decisions.

Conclusion

RERA in Uttar Pradesh plays a significant role in fostering a more transparent and accountable real estate sector. By protecting homebuyers, ensuring project registration, and establishing a dispute resolution mechanism, RERA aims to create a fair and trustworthy environment for both buyers and developers. 

Frequently Asked Questions about RERA in Uttar Pradesh

Q1. What is RERA, and how does it impact the real estate sector in Uttar Pradesh?

Ans1. RERA, or the Real Estate (Regulation and Development) Act, 2016, is a significant law regulating the real estate sector in Uttar Pradesh (UP). It aims to bring transparency, accountability, and fairness to real estate transactions, ultimately protecting the interests of homebuyers.

Q2. How does RERA in UP protect homebuyers?

Ans2. RERA in UP safeguards homebuyers by:

  • Mandating project registration: Ensuring developers register their projects with the UP Real Estate Regulatory Authority (UP-RERA), making project details publicly accessible.
  • We are standardizing agreements: Promoting clarity with a prescribed format for sale agreements outlining the rights and responsibilities of both developers and buyers.
  • Enforcing escrow account security: Requiring developers to deposit 70% of buyer funds into an escrow account, guaranteeing their release only upon achieving specific construction milestones, safeguarding investments and project completion.
  • Facilitating faster dispute resolution: Establishing an efficient system for addressing grievances and disputes through adjudicating officers and an appellate tribunal.
  • Imposing strict penalties for violations: Deterring malpractices by imposing heavy fines on developers who comply with RERA regulations.

Q3. What are the key features of RERA in UP?

Ans3. Key features of RERA in UP include:

  • Mandatory project registration: Applicable to new and ongoing residential and commercial projects exceeding 500 sq.m of land area or a specific number of apartments (information not readily available, but likely similar to other states exceeding 8 apartments).
  • Standardized agreements: Prescribed format outlining rights and responsibilities of developers and buyers.
  • Escrow account security: 70% of buyer funds must be deposited into an escrow account accessible only for specific construction stages.
  • Dispute resolution: Adjudicating officers and appellate tribunals handle grievances and disputes.
  • Penalties for violations: Strict penalties for non-compliance with RERA regulations.

Q4. Who needs to register their projects under RERA in UP, and what are the criteria?

Ans4. Developers of new and ongoing residential and commercial projects exceeding the specified size or number of units must register their projects under RERA in UP. This ensures transparency and informs potential buyers about project details.

Q5. What are the penalties for non-compliance with RERA regulations in UP?

Ans5. Developers in UP face penalties for non-compliance, including:

  • Heavy fines: Imposed for delays, providing misleading information, failing to meet obligations, and other violations.
  • Imprisonment: In severe cases, like project abandonment or fraudulent practices.

Q6. How can homebuyers verify the RERA registration status of projects in UP?

Ans6. Homebuyers can verify project registration status on the UP-RERA website (https://www.up-rera.in/) by searching by name, registration number, promoter name, or location.

Q7. What is the registration process for developers under RERA in UP?

Ans7. The process involves:

  1. Registering on the UP-RERA website.
  2. Creating a project registration application with details and documents.
  3. Paying registration fees online.
  4. Awaiting UP-RERA scrutiny and approval.
  5. Receiving a unique registration number upon successful verification.

Q8. What documents are required for RERA registration in UP?

Ans8. Documents required include:

  • Developer/company registration documents (e.g., Certificate of Incorporation, MoA, AOA)
  • Identity and address proof of directors/promoters
  • Land ownership documents with clear titles
  • Approved layout plans, building plans, and other necessary approvals
  • Technical feasibility reports and architect certificates
  • Latest audited financial statements (if applicable)
  • Sale agreement and allotment letter formats
  • Experience and expertise details of the developer
  • Self-declaration of compliance with RERA regulations

Q9. What are the eligibility criteria for developers seeking RERA registration in UP?

Ans9. Developers must be:

  • Legal entities (individuals, companies, partnerships etc.)
  • Have a clean track record (no convictions for real estate or unfair trade practices)
  • Possess financial stability (demonstrated through financial statements or proof of funds)

Q10. What is the cost associated with RERA registration in UP?

Ans10. The cost varies based on project size and type:

  • Plotted development projects: Rs. 5 per sq. m of land area, subject

Don't navigate UP real estate legal matters alone. Schedule a consultation with our experts for insightful advice on RERA regulations, agreements, and other legal aspects crucial for your UP real estate journey.

Adv. Abhijeet Sawant

Adv. Abhijeet Sawant

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Abhijeet Sawant is an advocate who has been offering ethical and professional legal consultancy and advisory services with a focus on achieving desired outcomes. With 7 years of independent practice, He possesses significant expertise in handling legal cases. Abhijeet completed his degree from the University of Mumbai and has been practising law independently ever since.

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