In a significant regulatory reform, the Uttar Pradesh Real Estate Regulatory Authority has notified the 10th Amendment to its General Regulations, 2019, effective March 25, 2026. The amendment aims to protect homebuyers, enhance transparency, and improve accountability, especially in cases involving unregistered real estate projects.
This move is seen as a major step towards closing long-standing gaps in the implementation of the Real Estate (Regulation and Development) Act, 2016.
Key Objective: Relief for Allottees of Unregistered Projects
One of the most important highlights of the amendment is that homebuyers of unregistered projects can now approach UP-RERA for relief.
Earlier, there was uncertainty regarding:
Whether complaints in unregistered projects were maintainable
What remedies were available to such buyers
The amendment removes this ambiguity and ensures that buyers are not left without legal recourse.
New Provisions Under Regulation 24
UP-RERA has introduced three new sub-clauses under Regulation 24, which deal with judicial proceedings before RERA benches.
The process now includes:
Complaints from unregistered projects will be accepted and heard
The bench will first examine whether the project is exempt under Section 3 of the Act
If the project requires registration, action will be initiated against the promoter
Once registration status is decided, the complaint will be heard on merits
This structured approach ensures both regulatory compliance and fair adjudication.
Verification and Investigation Process
Since unregistered projects may lack official data, the Authority will:
Seek additional details from complainants
Collect necessary information to identify promoters
Issue notices and conduct proper adjudication
UP-RERA will also introduce a digital filing facility through Form-M on its portal to streamline complaint registration.
Mandatory Action on Unregistered Projects
If the bench concludes that a project should have been registered:
The matter will be referred to the Secretary for necessary action
Steps will be taken to enforce registration under the Act
This ensures that defaulting promoters cannot escape compliance.
Amendment to Regulation 47: Rationalisation of Charges
Another significant reform relates to administrative charges and transfer fees, making them more transparent and reasonable.
In case of inheritance (death of allottee):
Maximum fee capped at ₹1,000 for family members
Required documents include death certificate, succession certificate, and NOCs from legal heirs
In case of transfer to non-family members:
Maximum fee capped at ₹25,000
The amendment clearly states:
No new sale or lease agreement will be executed
Changes will be recorded as endorsements in the existing agreement
Promoters must update records accordingly
This reduces unnecessary documentation and prevents exploitation through excessive charges.
Authority’s Stand on Transparency
Chairperson Sanjay Bhoosreddy emphasised that the amendment is aimed at:
Enhancing transparency in the real estate sector
Protecting the interests of allottees
Ensuring accountability of promoters
Impact on Homebuyers
This amendment is a game-changer for buyers as it:
Provides legal remedy even in unregistered projects
Prevents arbitrary charges during transfer or inheritance
Ensures developers comply with registration requirements
Strengthens buyer confidence in the regulatory framework
Legal Significance of the Amendment
The amendment, issued under Section 85 of the RERA Act, reinforces the core principles of the law:
Consumer protection
Transparency in transactions
Accountability of developers
It also bridges a critical gap by bringing unregistered projects within the effective oversight of RERA.
Conclusion: A Progressive Step Towards Buyer Protection
The UP-RERA 10th Amendment marks a significant evolution in real estate regulation by ensuring that no homebuyer is left without remedy, even in cases where developers fail to comply with registration requirements.
By rationalising fees, streamlining procedures, and expanding jurisdiction, the Authority has taken a strong step towards a more transparent and buyer-friendly real estate ecosystem.
