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In a significant move to enforce compliance and protect homebuyers, the Uttar Pradesh Real Estate Regulatory Authority has imposed penalties on multiple developers for promoting and selling projects without mandatory registration. This action reinforces the authority’s commitment towards transparency, accountability, and strict regulatory compliance in the real estate sector.

Projects Penalised for RERA Violations

UP-RERA has levied a penalty of ₹5 lakh each on developers of the following projects:

Estate 105 (Noida)
Sobha Rivana (Noida)
Avikalp Estate (Lucknow)

Investigations revealed that these projects were being advertised and promoted through websites despite lacking valid RERA registration, which is a direct violation of statutory provisions.

Violation of Section 3 of the RERA Act

The authority found the developers in breach of Section 3 of the Real Estate (Regulation and Development) Act, 2016, which clearly mandates:

No promoter can advertise, market, sell, or offer for sale any real estate project without prior RERA registration

Despite receiving notices, the developers’ responses were deemed unsatisfactory, leading to the imposition of penalties.

Mandatory Registration Criteria Under RERA

As per the Act, the following projects must be compulsorily registered with RERA:

Projects exceeding 500 square metres of land area
Projects comprising more than 8 apartments or units

Any advertisement, booking, or sale activity before registration is treated as a punishable offence under the law.

Strict Penal Provisions Under Section 59

UP-RERA highlighted that violations attract stringent penalties under Section 59 of the Act, which include:

Penalty up to 10% of the total project cost
Additional fines for continued non-compliance
Possibility of imprisonment in severe cases

The ₹5 lakh penalty imposed in these cases serves as an initial enforcement step, but continued violations may attract harsher consequences.

Authority’s Stand: Zero Tolerance for Violations

Chairperson Sanjay Bhoosreddy made it clear that:

Promotion or sale of unregistered projects is a serious offence
No leniency will be shown towards defaulting promoters
Strict regulatory action will continue in future cases

This statement underscores the authority’s zero-tolerance policy towards violations that mislead or harm homebuyers.

Impact on Homebuyers and Real Estate Market

This action sends a strong message to the market:

Homebuyers are encouraged to verify RERA registration before investing
Developers must ensure full compliance before launching projects
Transparency in project details is now non-negotiable

For buyers, checking project registration on the official RERA portal can prevent financial risks and legal disputes.

Why RERA Registration is Crucial

RERA registration ensures:

Legal validity of the project
Disclosure of project timelines and approvals
Protection against fraud and delays
Access to grievance redressal mechanisms

Without registration, buyers are exposed to significant uncertainty and lack of legal protection.

Conclusion: Strengthening Compliance in Real Estate

The action by UP-RERA reflects a broader push towards disciplining the real estate sector and ensuring that developers adhere strictly to legal norms. As regulatory scrutiny increases, both promoters and buyers must remain vigilant.

For developers, compliance is no longer optional. For homebuyers, due diligence before investment is essential to safeguard their interests.

Society MITR

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