ABSTRACT

Urban Development – Implementation of Real Estate (Regulation and Development) Act,

2016 – Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 – Approved -
Notification – Orders – Issued.
HOUSING AND URBAN DEVELOPMENT [UD1(2)] DEPARTMENT
G.O.(Ms) No.112 Dated: 22.06.2017
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ORDER:
The Government of India have enacted an Act to regulate and promote Real Estate
Sector. Presidential assent for the Act known as the ‘Real Estate (Regulation &
Development) Act 2016’ was obtained on 26th March 2016. The Act consists of 92 sections
and deals with establishment of Real Estate Regulatory Authority its powers and functions,
mandatory registration of all the real estate projects with the authority, Penal provisions for
violation of the provisions of the act and adjudication and arbitration mechanism including
establishment of Real Estate Tribunal. As per Section 84 of the Act, the State Government
shall within a period of 6 months (i.e before 30.10.2016) of the commencement of this Act,
by notification, make rules for carrying out the provisions of this Act. The Ministry of
Housing and Urban Poverty Alleviation have prepared draft rules for the Union Territories of
Chandigarh, Andaman and Nicobar Islands, Daman and Diu, Dadra and Nagar Haveli and
Lakshadweep.
2. Based on the draft rules issued by the Ministry of Housing and Urban Poverty
Alleviation for the adoption in union territories, and after detailed discussions with Director
of Town and Country Planning and Chennai Metropolitan Development Authority officials
and Real Estate Promoter Associations draft rules for Tamil Nadu have been prepared.
Thereafter, objections and suggestions were invited from the public through newspaper
publication in Tamil and English besides hosting the rules on the website of the Director of
Town and Country Planning, Chennai Metropolitan Development Authority and Government
of Tamil Nadu. Objections and Suggestions received from the general public, the Consumers
Association of India and Confederation of Real Estate Developers Association of India
(CREDAI) on the draft rules were duly considered.
3. The Government after careful examination approve the Tamil Nadu Real Estate
(Regulation and Development) Rules, 2017 to carryout the provisions of Real Estate
(Regulation and Development) Act 2016. Accordingly, the Government hereby orders to
issue notification to the above effect.
4. The appended notification will be published in the Tamil Nadu Government
Gazette, Extra-ordinary, dated 22.6.2017.
(BY ORDER OF THE GOVERNOR)
DHARMENDRA PRATAP YADAV
SECRETARY TO GOVERNMENT
To
The Works Manager,
Government Central Press,
Mint Street, Chennai - 79.
(for publication of the notification in the Extra-ordinary issue of
Tamil Nadu Government Gazette)
2..
 .2.
The Secretary to Governor, Raj Bhavan, Chennai-22.
The Registrar General, High Court of Madras, Chennai-104.
All Principal Secretaries / Secretaries to Government ,
Secretariat, Chennai-9.
The Commissioner of Town and Country Planning, Chennai-2.
The Member Secretary,
Chennai Metropolitan Development Authority, Chennai-8.
The Managing Director,
Tamil Nadu Slum Clearance Board, Chennai-5/
Tamil Nadu Housing Board, Chennai-35/
Tamil Nadu Police Housing Corporation, Chennai.
All District Collectors.
The Registrar of Co-operative Societies (Housing), Chennai.
Copy to:
Law/Finance/Public (SC/Special-A) Department, Chennai-9.
The Secretary to Chief Minister, Chennai-9.
The Senior Personal Assistant to Minister (Housing), Chennai-9.
The Senior Private Secretary to Chief Secretary, Chennai-9.
Housing and Urban Development (OP-1) Department, Chennai-9.
SF/SC
// FORWARDED BY ORDER //

SECTION OFFICER
 APPENDIX.
NOTIFICATION.
In exercise of the powers conferred by section 84 of the Real Estate (Regulation
and Development) Act, 2016 (Central Act 16 of 2016), the Governor of Tamil Nadu,
hereby makes the following rules, namely:-

CHAPTER I.
PRELIMINARY.
1. Short title and commencement.- (1) These rules may be called the Tamil Nadu
Real Estate (Regulation and Development) Rules, 2017.
(2) It shall come into force on the 22nd June 2017
2. Definitions.- In these rules, unless the context otherwise requires,-
(a) “Act” means the Real Estate (Regulation and Development) Act, 2016
(Central Act 16 of 2016);
(b) “Agreement for Sale” means an agreement for sale and/or construction
agreement as prescribed in Annexure „A‟ to these rules;
(c) “Association” means the Association referred to in rule 10;
(d) “authenticated copy” means a self-attested copy of any document required to
be provided by any person under these rules;
(e) “Form” means a form appended to these rules;
(f) “Government” means the Government of Tamil Nadu;
(g) “layout plan” means a plan of the project depicting the division or proposed
division of land into plots, roads, open spaces, amenities, etc., and other
details as may be necessary;
(h) “Ongoing project” means, a project where development is going on and for
which completion certificate has not been issued but excludes such projects
which fulfill any of the following criteria on the date of coming into force of
sub-section (1) of section 3 of the Act:-
(i) in layout projects i.e., where land is developed into plots, the roads
and open spaces gifted to the local body concerned;
(ii) the projects in Chennai Metropolitan Area for which application for
completion certificate has been filed with Chennai Metropolitan
Development Authority subject to furnishing certificate from the
architect/licensed surveyor/structural engineer associated with the
project to the effect that all the buildings in the projects have been
structurally completed i.e. all the columns, beams and slabs have
been erected supported with photographs. Chennai Metropolitan
Development Authority will issue, completion certificate for those
projects in compliance with Completion Certificate norms prescribed.
In Completion Certificate filed cases, if the Completion Certificate is
rejected by Chennai Metropolitan Development Authority for
violation of norms, such projects will be intimated to the Real Estate
Regulatory Authority and will be bound for registration with Real
Estate Regulatory Authority. The details of all projects where
Completion Certificate application has been filed with Chennai
Metropolitan Development Authority prior to notification of these
rules will be disclosed to the public by publishing the list of all such
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projects on the website of Chennai Metropolitan Development

Authority and Real Estate Regulatory Authority immediately after
notification of these rules.
(iii) in the case of projects under execution outside Chennai Metropolitan
Area, as no provision and procedure has yet been prescribed for issue
of completion certificate, if the construction is structurally completed
meaning that all the columns, beams and slabs have been erected and
certified by the architect or structural engineer/licensed surveyor
associated with the project supported with photographs. Such
projects shall be intimated to the concerned Local Planning
Authority or Regional Deputy Director of the Town and Country
Planning Department within 15 days from the date of notification of
these rules with a copy marked to the office of the Director of Town
and Country Planning. The Director of Town and Country Planning
will make public the list of all such projects in his official website,
on the 16th day of notification of the rules besides publication of the
same in the website of Real Estate Regulatory Authority.

(i) “project land” means any parcel or parcels of land on which the project is
developed and constructed by a promoter;
(j) “Parking” means the parking space(s) as shown in the plans approved by the
planning authority;
(k) “Reserved Car Park” means an enclosed or unenclosed, covered or open area
which is sufficient in size to park vehicles and which may be provided in
basements and/or stilt and/or podium and/or independent structure built for
providing parking spaces and/or parking provided by mechanized parking
arrangements and which is not a garage and
(2) Words and expressions used herein and not defined, but defined in the Act,
shall have the same meaning, respectively, assigned to them in the Act.

CHAPTER II.
REAL ESTATE PROJECT.
3. Information and documents to be furnished by the promoter for registration of
project.- (1) The promoter shall furnish the following additional information and
documents, along with those specified under the Act, for registration of the real estate
project with the Authority, namely:-
(a) authenticated copy of the PAN card of the promoter;
(b) audited balance sheet of the promoter firm/company for the preceding financial year;
(c) copy of the legal title deed reflecting the title of the promoter to the land on which
development is proposed to be developed along with legally valid documents with
authentication of such title, if such land is owned by another person;
(d) the details of encumbrances on the land on which development is proposed including
any rights, title, interest or name of any party in or over such land along with details;
(e) where the promoter is not the owner of the land on which development is proposed,
the details of the consent of the owner of the land along with a copy of collaboration
agreement, development agreement, joint development agreement or any other
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agreement, as the case may be, entered into between the promoter and such owner
and copies of title and other documents reflecting the title of such owner on the land
proposed to be developed;
(f) latitude and longitude details of the project site to monitor the progress of the work
by the Authority;
(g) copies of the approved plan and approval letter along with the No objection
Certificates submitted while obtaining planning permission and building licence;
(h) parking spaces(s) as shown in the approved plan of the said real estate project;
(i) detailed design and drawing for Structural Stability, Electrical Wiring, plumbing,
Sewage Treatment Plans, etc.;
(j) such other information and documents, as may be specified by the Authority in its
regulations.

(2) The application referred to in sub-section (1) of section 4 of the Act, shall be made in
writing in Form „A‟, which shall be submitted in triplicate, until the application procedure
is made web based as provided under sub-section (3) of section 4 of the Act.
(3) The promoter shall pay a registration fee at the time of application for registration for
a sum calculated at the rate as specified by the Authority, from time to time. The
registration fee shall not be levied for the Tamil Nadu Slum Clearance Board developed
projects, Affordable Housing projects of the Tamil Nadu Housing Board and Housing
projects executed by the Tamil Nadu Police Housing Corporation.
(4) The declaration to be submitted under clause (l) of sub-section (2) of section 4 of the
Act, shall be in Form „B‟, which shall include a declaration stating that the promoter shall
not discriminate against any allottee at the time of allotment of any apartment, plot or
building, as the case may be.
(5) In case the promoter applies for withdrawal of application for registration of the
project before the expiry of the period of thirty days provided under sub-section (1) of
section 5 of the Act, registration fee as specified in the regulations made by the Authority
shall be retained as processing fee by the Authority and the remaining amount shall be
refunded to the promoter within thirty days from the date of such withdrawal.
4. Disclosure by promoters of existing projects.- (1) On the date of coming into force
of sub-section (1) of section 3 of the Act, promoters of all ongoing projects shall within
the time specified in the said sub-section, make an application to the Authority in the
form and manner provided in rule 3.
Explanation I.- Any agreement already entered between the promoter and the
allottee before commencement of these rules shall not be affected.
Explanation II .- If the project has been conceived to be developed in phases, where
the plans for the initial phase are approved by the planning authority prior to the date
 4

of coming into force of sub-section (1) of section 3 of the Act, then for such projects
the requirement of obtaining two third consent from existing allottee, under clause
(ii) of sub-section (2) of section 14 of the Act is exempted for
addition/revision/modification of plans for subsequent phase/s of development,
provided the scheme of developing the project in phased manner has been agreed
upon by the allottee and promoter in the agreements executed between them;
Explanation III.- If the approval from the planning authority is obtained for larger
extent of land, but where the development is conceived to be in phases, the promoter
shall be permitted to register each phase as an independent project with the Authority.
In such case, the requirement of obtaining two third consent from existing allottee
under clause (ii) of sub-section (2) of section 14 of the Act is exempted for
addition/revision/modification of plans for subsequent phases of development,
provided the development in phases has been agreed upon by the allottee and
promoter in the agreements executed between them, when there is no reduction in
the common area and there is no change in the total built up area of the registered
phase/project.
Explanation IV.- It is not mandatory to substitute the prescribed form of agreement
for sale, construction or any other documents executed by the allottee, in respect of
the apartment, plot or building for the on going projects prior to the date of coming
into force of sub-section (1) of section 3 of the Act, the same shall be legally valid
and enforceable and shall not be construed to limit the rights of the allottee under
the Act and the rules and regulations made thereunder.
(2) The promoter shall disclose all project details as required under the Act and the rules
and regulations made thereunder, including the status of the project and the extent of
completion.
(3) The promoter shall disclose the size of the apartment based on carpet area even if
earlier sold on any other basis such as super area, super built up area, built up area, etc.,
which shall not affect the validity of the agreement entered into between the promoter and
the allottee to that extent.
(4) In case of plotted development, the promoter shall disclose the actual area of the plot
even if earlier sold on any other basis such as including the cost of Open Space
Reservation area and splay area, development charges, etc., which shall not affect the
validity of the agreement entered into between the promoter and the allottee to that extent.
 5

5. Withdrawal of sums deposited in separate account.- (1) For the purposes of sub-
clause (D) of clause (l) of sub-section (2) of section 4 of the Act, the land cost shall be the
market value of the land including the costs incurred by the promoter towards the stamp
duty and the registration fees for acquiring ownership over the land either for freehold or
leasehold
(2) For the purposes of sub-clause (D) of clause (l) of sub-section (2) of section 4 of the
Act, the construction cost shall be the cost incurred by the promoter, towards the on-site
expenditure for the physical development of the project including the cost incurred by
way of fees/charges paid towards obtaining necessary statutory clearances including cost
of Transfer of Development Rights, premium Floor Space Index charges, Finance Cost
for the construction of the project and professional consulting charges.

Explanation: For the purpose of sub-clause (D) of clause (l) of sub-section (2) of section
4 of the Act, the engineer shall certify that the items shown in the cost of construction is
matching to the physical condition at the site of the real estate project; the architect shall
certify that the physical condition at the site is built as per the sanctioned plan; and
chartered accountant shall certify the cost incurred on construction cost and land cost; the
chartered accountant shall also certify the proportion of the cost incurred on construction
and land cost to the total estimated cost of the project. After completion of the project, the
promoter shall be entitled to withdraw the balance amount lying in the separate account
subject to obtaining the certificate from the engineer, architect and chartered accountant
as mentioned above.
6. Grant or rejection of registration of the project.- (1) Upon the registration of a
project as per section 5 read with section 3 of the Act, the Authority shall issue a
registration certificate with a registration number in Form „C‟ to the promoter.
(2) In case of rejection of the application under section 5 of the Act, the Authority shall
inform the applicant in Form „D‟.
7. Extension of registration of the project.- (1) The registration granted under section 5
of the Act, may be extended as provided under section 6 of the Act, on an application
made by the promoter in Form „E‟ which shall not be less than three months prior to the
date of expiry of the registration granted. The Authority may condone the delay for filing
the renewal application after the date of expiry, upon collection of late fee of ten percent
of the registration fee as fixed by the Authority.
(2) The application for extension of registration shall be accompanied with a demand
draft drawn on any scheduled bank, for an amount as may be specified by regulations
 6

made by the Authority as provided under sub-rule (3) of rule 3 along with an explanatory
note setting out the reasons for delay in the completion of the project and the need for
extension of registration for the project, along with documents supporting such reasons:
Provided that where the extension of registration is due to force majeure, the
authority may, at its discretion, waive the fee for extension of registration.
(3) Extension of registration of the project shall not be beyond the period provided as per
local laws for completion of the project or phase thereof, as the case may be.
(4) In case of extension of registration, the Authority shall inform the promoter about the
same in Form „F‟ and in case of rejection of the application for extension of registration,
the Authority shall, after giving an opportunity to the applicant to be heard in the matter
as provided in the second proviso to section 6 of the Act, inform the promoter about the
same in Form „D‟.
(5) Any sale of an unit in any development project after the lapse of registration period
with the Authority and after obtaining the completion certificate from the Competent
Authority within the prescribed period as per local laws shall not be treated as offence as
prescribed in sub section (2) of section 59 of the Act.
8. Revocation of registration of the project.- Upon revocation of registration of a
project under section 7, the Authority shall inform the promoter about such revocation in
Form „D‟. The details of such revocation of registration shall be released to press
periodically and hosted in the website of the Authority.
9. Agreement for sale and construction agreement.- (1) For the purpose of sub-section
(2) of section 13 of the Act, the agreement for sale of undivided share of land or plot of
land and construction agreement for construction of apartment, as the case may be, shall
be in the Form in Annexure „A‟.

(2) Any application, allotment letter or any other document signed by the allottee, in
respect of the apartment, plot or building, prior to the execution and registration of the
agreement for sale and construction agreement for such apartment, plot or building, as
the case may be, shall not be construed to limit the rights and interests of the allottee
under the agreement for sale or the construction agreement or under the Act or under
the rules or regulations made thereunder.
(3) Project relating to construction of apartment, the promoter may convey the undivided
share of land including the proportionate share in the common area directly to the
respective allottees.
(4) Under the agreement for sale or construction agreement, the promoter is permitted to
allocate exclusive right of usage of Reserved Car Park to the allottee and such right of
exclusive usage shall form an indivisible part of the apartment and shall be
transferable along with the apartment.
 7

10. Formation of association.- The association of allottees shall be formed, registered

and governed by the provisions contained in the Tamil Nadu Apartment Ownership Act,
1994 (Tamil Nadu Act 7 of 1995), and the applicable rules for the time being in force.
The Association shall take over the maintenance of the project including the common
areas and amenities provided in the project within 3 months from the date of intimation
by the promoter upon completion of the project.
CHAPTER III.
REAL ESTATE AGENT.
11. Application for registration by the real estate agent.- (1) Every real estate agent
required to register under sub-section (2) of section 9 of the Act shall make an application
in writing to the Authority in Form „G‟ along with the following documents, namely:-
(a) brief details of his enterprise including its name, registered address, type of
enterprise (proprietorship, societies, partnership, companies, etc.);
(b) particulars of registration including the bye-laws, or memorandum of
association and articles of association, etc. as the case may be;
(c) photograph of the real estate agent if he is an individual and the photograph of
the partners, directors, etc., in case of other entities;
(d) authenticated copy of the PAN Card;
(e) authenticated copy of the address proof of the place of residence and business;
and
(f) such other information and documents, as may be specified by the Authority in
regulations.
(2) The real estate agent shall pay a registration fee at the time of application for
registration by way of a demand draft drawn on any scheduled bank for a sum of rupees
twenty-five thousand in case of the applicant being an individual; or a sum of rupees fifty
thousand in case of the applicant being anyone other than an individual.
12. Grant of registration to the real estate agent.- (1) Upon the registration of a real
estate agent, the Authority shall issue a registration certificate with a registration number
in Form „H‟ to the real estate agent.
(2) In case of rejection of the application, of registration, the Authority shall inform the
applicant in Form „I‟.
(3) The registration granted under this rule shall be valid for a period of five years.
13. Renewal of registration of real estate agent.- (1) The registration granted under
section 9 of the Act may be renewed as provided in section 6 of the Act, on an
application made by the real estate agent in Form „J‟ which shall be minimum one month
prior to expiry of the registration granted. The Authority may condone the delay for filing
the renewal application after the date of expiry upon collection of late fee of Rs.500/- and
 8

Rs.5000/- (10 per cent of renewal fee) in case of individual and other than individual
respectively.
(2) The application for renewal of registration shall be accompanied with a demand draft
drawn on any scheduled bank, for a sum of rupees five thousand in case of the real estate
agent being an individual or rupees fifty thousand in case of the real estate agent being
anyone other than an individual.
(3) The real estate agent shall also submit all the updated documents set out in clauses (a)
to (g) of rule 11 at the time of application for renewal.
(4) In case of renewal of registration, the Authority shall inform the real estate agent
about the same in Form „K‟ and in case of rejection of the application for renewal of
registration, the Authority shall inform the real estate agent in Form „I‟:
Provided that no application for renewal of registration shall be rejected unless the
applicant has been given an opportunity of being heard.
(5) The renewal of registration of the real estate agent shall be granted provided that the
real estate agent remains in compliance with the provisions of the Act and the rules and
regulations made thereunder.
(6) The renewal granted under this rule shall be valid for a period of five years.
14. Revocation of registration of real estate agent.- The Authority may, for the reasons
specified under sub-section (7) of section 9 of the Act, revoke the registration granted to
the real estate agent or renewal thereof, as the case may be, and intimate the real estate
agent of such revocation in Form „I‟.
15. Maintenance and preservation of books of accounts, records and documents.-
The real estate agent shall maintain and preserve books of account, records and
documents in accordance with the provisions of the Income Tax Act, 1961 (Central Act
43 of 1961).
16. Other functions of a real estate agent.- The real estate agent shall provide assistance
to enable the allottee and promoter to exercise their respective rights and fulfil their
respective obligations at the time of booking and sale of any plot, apartment or building,
as the case may be.
CHAPTER IV.
DETAILS TO BE PUBLISHED ON THE WEBSITE OF THE AUTHORITY.

17. Details to be published on the website.- (1) For the purpose of clause (b) of section
34 of the Act, the Authority shall ensure that the following informations shall be made
available on its website in respect of each project registered, namely:-
(a) Details of the promoter including the following:-
 9

(i) Profile of the promoter:

(a) a brief detail of his enterprise including its name, registered address,
type of enterprise (proprietorship, limited liability partnership, society,
partnership, company, competent authority) and the particulars of
registration to be provided. In case of newly incorporated or registered
entity, brief details of the parent entity including its name, registered
address, type of enterprise (proprietorship, societies, limited liability
partnership, partnership, companies, competent authority) to be
provided;
(b) background of promoter- educational qualification, work experience
and in case of a newly incorporated or registered entity work
experience of the parent entity.
(ii) Track record of the promoter:
(a) number of years of experience of the promoter or parent entity in
real estate construction in the State of Tamil Nadu;
(b) number of years of experience of the promoter or parent entity in
real estate construction in other states or union territories;
(c) number of completed projects and area constructed till date;
(d) number of ongoing projects and proposed area to be constructed;
(e) details and profile of ongoing and completed projects for the last 5
years as provided in clause (b) of sub-section (2) of section 4 of the
Act.
(iii) Litigations: Details of litigations on the land;
(iv) Website:
(a) web link to the developer or group website;
(b) web link to the project website.
(b) Details of the real estate project including the following:

(i) Compliance and registration:

(A) authenticated copy of the approvals received from the competent
authorities as provided under clause (c) of sub-section (2) of section 4
of the Act;
(B) the sanctioned plan, layout plan and specifications of the project or the
phase thereof, and the whole project as sanctioned by the competent
authority as provided under clause (d) of sub-section (2) of section 4
of the Act;
(C) details of the registration granted by the Authority.
(ii) Apartment and parking related details:

(A) details of the number, type and carpet area of apartments for sale in
the project as provided under clause (h) of sub-section (2) of section 4
of the Act;
 10

(B) details of the number and areas of covered parking for sale in the
project as provided under clause (i) of sub-section (2) of section 4 of
the Act;
(C) details of the number of open parking areas available in the real estate
project.
(iii) Registered Agents: Names and addresses of real estate agents as provided
under clause (j) of sub-section (2) of section 4 of the Act.
(iv) Consultants: Details, including name and addresses of contractors,
architect and structural engineers, site engineers, construction engineers,
Quality Auditors, Geo-Technical Engineers, Town Planners, project
management consultant, if any, and other persons concerned with the
development of the real estate project as provided under clause (k) of sub-
section (2) of section 4 of the Act, such as -
(A) Name and address of the firm;
(B) Names of promoters;
(C) Year of establishment;
(D) Names and profile of key projects completed.
(v) Location: The location details of the project, with clear demarcation of
land dedicated for the project along with its boundaries including the
latitude and longitude of the end points of the project as provided under
clause (f) of sub-section (2) of section 4 of the Act.
(vi) Development Plan:
(A) The plan of development works to be executed in the proposed
project and the proposed facilities to be provided thereof including
fire fighting facilities, drinking water facilities, emergency
evacuation services, use of renewable energy etc., as provided under
clause (e) of sub-section (2) of section 4 of the Act.
(B) Amenities: A detailed note explaining the salient features of the
proposed project including access to the project, design for electric
supply including street lighting, water supply arrangements and site
for disposal of solid and liquid wastes and treatment and disposal of
storm and sullage water, any other facilities and amenities or public
health services proposed to be provided in the project.
 11

(C) Gantt Charts and Project Schedule: The plan of development works
to be executed in the project and the details of the proposed facilities
to be provided thereof.
(c) Financial details of the promoter:

(i) Authenticated copy of the PAN card of the promoter.

(ii) the annual report including audited profit and loss account, balance
sheet, cash flow statement, directors report and the auditor‟s report of the
promoter for the immediately preceding three financial years and where
annual report is not available then the audited profit and loss account,
balance sheet, cash flow statement and the auditor‟s report of the promoter
for the immediately preceding three financial years and in case of newly
incorporated or registered entity such information shall be disclosed for
the parent entity.
(d) The promoter shall upload the following updates on the webpage for the
project, within fifteen days from the expiry of each quarter:-
(i) List of number and types of apartments or plots, as the case may be,
booked;
(ii) List of number of parking lots booked;
(iii) Status of the project:
(A) Status of construction of each building with photographs;
(B) Status of construction of each floor with photographs;
(C) Status of construction of internal infrastructure and common areas
with photographs.

(iv) Status of approvals:

(A) Approval received;
(B) Approvals applied and expected date of receipt;
(C) Approvals to be applied and date planned for application;
(D) Modifications, amendment or revisions, if any, issued by the
competent authority with regard to any licence, permit or approval
for the project.
(e) The following documents should be available in a downloadable format:-
(i) Approvals:
(A) Applicable No objection certificates;
(B) Authenticated copy of the planning permission, building permit,
building sanction plan from competent authority in accordance with
the laws applicable for the project, and where the project is proposed
to be developed in phases, an authenticated copy of the planning
 12

permission, building permit, building sanction plan, completion

certificate for each of such phases;
(C) Authenticated copy of the site plan or site map showing the location
of the project land along with survey numbers/block number/ward
number, village number and name/town name, taluk and district
name and area of each parcels of the project land;
(D) Authenticated copy of the layout plan of the project as sanctioned by
the competent authority;
(E) Floor plans for each tower and block including clubhouse, amenities
and common areas, etc;
(F) Any other permission, approval, or licence that may be required
under applicable law;
(G) Authenticated copy of completion certificate obtained, if applicable.
In the absence of statutory provisions for obtaining completion
certificate, the promoter shall upload certificate from an Architect,
Town Planner and Licensed Surveyor, etc., endorsing the completion
of the project.
ii) Legal Documents:
(A) Details including the proforma of the application form, allotment
letter, agreement for sale and the conveyance deed;
(B) Authenticated copy of the legal title deed including an upto date
encumbrance certificate, extract/certificate of Revenue Authorities
reflecting the title of the promoter to the land on which development
is proposed to be developed along with legally valid documents with
authentication of such title, if such land is owned by another person;
(C) Where the promoter is not the owner of the land on which
development is proposed details of the consent of the owner of the
land along with a copy of collaboration agreement, development
agreement, joint development agreement or any other agreement, as
the case may be, entered into between the promoter and such owner
and copies of title and other documents reflecting the title of such
owner on the land proposed to be developed;
(D) Sanction letters:
- From banks for construction finance;
- From banks for home loan tie-ups.
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(f) Contact details: Contact address, contact numbers and email-ids of the
promoter handling the project.
(g) Such other documents or information as may be specified by the Act or the
rules and regulations made thereunder.

(2) For the purpose of clause (c) of section 34 of the Act, the Authority shall maintain a
database and ensure that the information specified therein shall be made available on its
website in respect of each project revoked or penalised, as the case may be.
(3) For the purpose of clause (d) of section 34 of the Act, the Authority shall ensure that
the following information shall be made available on its website in respect of each real
estate agent registered with it or whose application for registration has been rejected or
revoked:-
(a) For real estate agents registered with the Authority:
(i) registration number and the period of validity of the registration of the real
estate agent with the Authority;
(ii) brief details of his enterprise including its name, registered address, type of
enterprise (proprietorship, societies, partnership, companies, etc.);
(iii) particulars of registration including the bye-laws, memorandum of
association, articles of association, etc., as the case may be;
(iv) photograph of the real estate agent if it is an individual and the photograph
of the partners, directors etc. in case of other persons;
(v) authenticated copy of the address proof of the place of business and the
contact address, contact numbers and email-id of the real estate agent.
(b) In case of applicants whose application for registration as a real estate agent
have been rejected or real estate agents whose registration has been revoked by
the Authority:
(i) registration number and the period of validity of the registration of the real
estate agent with the Authority;
(ii) brief details of his enterprise including its name, registered address, type of
enterprise (proprietorship, societies, partnership, companies, etc.);
(iii) photograph of the real estate agent if it is an individual and the photograph
of the partners, directors, etc., in case of other persons.
(c) Such other documents or information as may be specified by the Act or the
rules and regulations made thereunder.
(4) The Authority shall maintain a back-up, in digital form, of the contents of its website
in terms of this rule, and ensure that such back-up is updated on the last day of each
month.
CHAPTER V.
RATE OF INTEREST PAYABLE BY PROMOTER AND ALLOTTEE AND
TIMELINES FOR REFUND.

18. Rate of interest payable by the promoter and the allottee.- The rate of interest
payable by the promoter to the allottee or by the allottee to the promoter, as the case may
 14

be, shall be the State Bank of India highest Marginal Cost of Lending Rate plus two
per cent:
Provided that in case the State Bank of India Marginal Cost of Lending Rate is not
in use it would be replaced by such benchmark lending rates which the State Bank of
India may fix from time to time for lending to the general public.
19. Timelines for refund.- (1) Any refund of monies along with the applicable interest
and compensation, if any, payable by the promoter in terms of the Act or the rules and
regulations made thereunder, shall be payable by the promoter to the allottee within
Ninety days from the date on which such refund along with applicable interest and
compensation, if any, becomes due.
(2) In case of termination of the agreement as per the terms recorded therein, such refund
and/or penalty and/or compensation shall be made by the party-in-breach to the other
party simultaneous to the execution of appropriate cancellation agreement and
registration, if required. If the defaulting party fails to come forward for execution of
registration agreement, the Authority shall have the right to execute such agreement on
behalf of the defaulting party.
The entitling allottee shall get full refund at any time if the builder has not followed the
time schedule. The builder shall not keep 10% of the booked value of the property. If the
allottee defaults in making timely payment as per terms of the agreement, the allottee
shall not have the right of claiming any interest or compensation from the promoter.

CHAPTER VI.
REAL ESTATE REGULATORY AUTHORITY.

20. Manner of selection of chairperson and members of the Authority.- (1) As and
when vacancies of Chairperson or a member in the Authority exist or arise, or are likely
to arise, the Government may make a reference to the Selection Committee in respect of
the vacancies to be filled.
(2) The Selection Committee may, for the purpose of selection of the Chairperson or a
Member of the Authority, follow such procedure as deemed fit including the appointment
of a search committee consisting of such persons as the Selection Committee considers
appropriate to suggest a panel of names possessing the requisite qualification and
experience and suitability for being considered for appointment as Chairperson or
Member of the Authority.
 15

(3) The Selection Committee shall select two persons for each vacancy and recommend
the same to the Government.
(4) The Selection Committee shall make its recommendation to the Government within a
period of sixty days from the date of reference made under sub-rule (1).
(5) The Government shall within thirty days from the date of the recommendation by the
Selection Committee, appoint one of the two persons recommended by the Selection
Committee for the vacancy of the Chairperson or Member, as the case may be.
21. Salary and allowances payable and other terms and conditions of service of
Chairperson and Members of the Authority.- (1) The salaries and allowances payable
to the Chairperson and members of the Authority shall be as follows:
(a) The Chairperson shall be paid a monthly salary equivalent to the salary and
allowances eligible to the Additional Secretary to Central Government;
(b) The whole-time member shall be paid monthly salary equivalent to the salary
and allowances eligible to the Joint Secretary to Central Government;
(c) Every part-time member, who is not a servant of the Government shall be
paid a sitting fee for each day he attends the meetings of the authority as may
be determined by the Government, from time to time, and they shall not be
entitled to any allowance relating to house and vehicle.
(2) The other allowances and conditions of service of the Chairperson and the whole-time
member shall be as per notification issued by the Government from time to time.
22. Administrative powers of the Chairperson of the Authority.- The administrative
powers of the Chairperson of the authority will be with regard to the following:-
(a) matters pertaining to human resources, wages and salaries structures,
emoluments, perquisites and personnel policies;
(b) matters pertaining to appointments, promotions and confirmation for all posts;
(c) acceptance of resignations by any officer or employee;
(d) In addition, the Chairperson will be responsible for officiating against
sanctioned posts;
(e) authorization of tours to be undertaken by any member, officer or employees
within India and allowance to be granted for the same;
(f) all matters in relation to grant or rejection of leaves;
(g) permission for hiring of vehicles for official use;
(h) nominations for attending seminars, conferences and training courses in India;
(i) permission for invitation of guests to carry out training course;
(j) sanction, scrapping or write-off of capital assets which due to normal wear and
tear have become unserviceable or are considered beyond economical repairs;
(k) matters relating to disciplinary action against officer and employee;
(l) any other powers that may be required for the efficient functioning of the
Authority and enforcement of the provisions of the Act and these rules.
 16

23. Salary and allowances payable and other terms and conditions of service of the
officers and other employees of the Authority and experts and consultants engaged
by the Authority.- (1) The conditions of service of the officers and employees of the
Authority and any other category of employees in the matter of pay, allowances, leave,
joining time, joining time pay, age of superannuation and other conditions of service,
shall be regulated in accordance with such rules and regulations as are, from time to time,
applicable to officers and employees of the Government and drawing the corresponding
scales of pay;
(2) Consultants or experts that may be engaged by the Authority after a due selection
process.
(a) shall be paid a monthly honorarium as may be determined by the
Government from time to time;
(b) shall not be deemed to be regular members of the staff borne on the
establishment of the Authority;
(c) may be appointed for a tenure of one year or less, extendable on year to
year basis or part thereof;
(3) The terms of their appointment may be terminated by the Authority by serving one
month‟s notice.
(4) The Government shall have power to relax the provisions of any of these rules in
respect of any class or category of officers or employees or consultants and experts, as
the case may be.
24. Functioning of the Authority.- (1) The office of the Authority shall be located at
such place as may be determined by the Government by notification.
(2) The working days and office hours of the Authority shall be the same as that of the
Government.
(3) The official common seal and emblem of the Authority shall be such as the
Government may specify.
25. Additional powers of the Authority.- (1) In addition to the powers specified in
sub-section (2) of section 35 of the Act, the Authority shall have the following additional
powers, namely:
(a) To require the promoter, allottee or real estate agent to furnish in writing
such information or explanation or produce such documents within such
reasonable time, as it may deem necessary;
(b) requisitioning, subject to the provisions of sections 123 and 124 of the
Indian Evidence Act, 1872 (1 of 1872), any public record or document or
copy of such record or document from any office.
(2) The Authority may, call upon such experts or consultants from the fields of
economics, commerce, accountancy, real estate, town planning, competition, construction,
 17

architecture, or engineering or from any other discipline as it deems necessary, to assist

the Authority in the conduct of any inquiry or proceedings before it.
(3) The Authority may, in the interest of the allottees, enquire into the payment of
amounts imposed as penalty, interest or compensation, paid or payable by the promoter,
in order to ensure that the promoter has not -
(a) withdrawn the said amounts from the account maintained as provided under
sub-clause (D) of clause (l) of sub-section (2) of section 4 of the Act; or
(b) used any amounts paid to such promoter by the allottees for the real estate
project for which the penalty, interest or compensation is payable, or any
other real estate project;
(c) recovered the amounts paid as penalty, fine or compensation from the
allottees of the relevant real estate project or any other real estate project.
(4) The Authority shall have the powers to levy fee and prescribe advertisement charges
and collect the same from the developers and advertisers willing to advertise on the
website of the authority besides prescribing and collecting any other charges or
fees/penalties from the developers/promoters/real estate agents or any other individual or
agency.
(5) The Authority shall advertise the vacancies and qualification and complete selection
process at least one month prior to the date on which vacancy arises in order to avoid any
gap in the office and to provide uninterrupted service of the Authority.

26. Manner of recovery of interest, penalty and compensation.- Subject to the

provisions of sub-section (1) of section 40 of the Act, the recovery of the amount due
under the Act shall be made as an arrear of land revenue under the Tamil Nadu Revenue
Recovery Act, 1864 (Tamil Nadu Act II of 1864).

27. Manner of implementation of order, direction or decisions of the adjudicating

officer, the Authority or the Appellate Tribunal.- For the purpose of sub-section (2) of
section 40 of the Act every order passed by the Adjudicating Officer, Authority or
Appellate Tribunal, as the case may be, shall be enforced by the Adjudicating Officer,
Authority or the Appellate Tribunal, as the case may be, in the same manner as if it were
a decree or order made by the Civil Court in a suit pending before it and it shall be lawful
for the Adjudicating Officer, Authority or Appellate Tribunal, as the case may be, in the
event of its inability to execute the order, send such order to the Civil Court, to execute
such order either within the local limits of whose jurisdiction the real estate project is
located or in the principal civil court within the local limits of whose jurisdiction the
person against whom the order is being issued, actually and voluntarily resides, or carries
on business, or personally works for gain.
28. Grants, Fees and Penalties.- (a) The grants from the Government, the registration
fee paid by the promoters, at the time of registration of application, the revenue
generated from advertisement charges on the website of the Authority, the registration
fees paid by the Real Estate Agent at the time of registration received under the Act and
interest accrued on the grants and fees will accrue to the Real Estate Regulatory Fund.
 18

(b) All sums realized by way of penalties imposed by the Appellate Tribunal or the
Authority shall be credited to the Consolidated Fund of State Government.
CHAPTER VII.
REAL ESTATE APPELLATE TRIBUNAL.
29. Form for filing appeal and the fees payable.- (1) Every appeal filed under sub-
section (1) of section 44 of the Act, shall be accompanied by a fee of rupees One
thousand in the form of a demand draft drawn on a scheduled bank in favour of the
Appellate Tribunal and payable at the main branch of that Bank at the station where the
seat of the said Appellate Tribunal is situated.

(2) Every appeal shall be filed in Form „L‟ along with the following documents:-
(a) An attested true copy of the order against which the appeal is filed;
(b) Copies of the documents relied upon by the appellant and referred to in the
appeal;
(c) An index of the documents.
(3) Procedure for filing the appeal shall be as decided by the Appellate Tribunal.

30. Manner of selection of members of the Appellate Tribunal.- (1) As and when
vacancies of a member in the Appellate Tribunal exist or arise, or are likely to arise, the
Government may make a reference to the Selection Committee in respect of the vacancies
to be filled.

(2) The Selection Committee may, for the purpose of selection of the member of the
Appellate Tribunal, follow such procedure as deemed fit including the appointment of a
Search Committee consisting of such persons as the selection committee considers
appropriate to suggest a panel of names possessing the requisite qualification and
experience and suitable for being considered for appointment as member of the Appellate
Tribunal.
(3) The Selection Committee shall select two persons for each vacancy and recommend
the same to the Government.
(4) The Selection Committee shall make its recommendation to the Government within a
period of sixty days from the date of reference made under sub-rule (1).
(5) The Government shall within thirty days from the date of the recommendation by the
Selection Committee, appoint one of the two persons recommended by the Selection
Committee for the vacancy of the Member.
31. Salary and allowances payable and other terms and conditions of service of
Chairperson and members of the Appellate Tribunal.- (1) The salaries and allowances
payable to the Chairperson and members of the Appellate Tribunal shall be as follows:-
 19

(a) The Chairperson shall be paid a monthly salary equivalent to the last drawn
salary by such person, as a Judge of a High Court;
(b) The whole-time member shall be paid a monthly salary equivalent to the last
drawn salary at the post held by such person, prior to his appointment as a
member of the Appellate Tribunal;
(c) Every full-time member, who is not a servant of the Government, shall be
paid a monthly salary equivalent to the Additional Secretary to the
Government of India;
(d) Every part-time Member, who is not a servant of the Government, shall be
paid a sitting fee for each day he attends the meetings of the Appellate
Tribunal as may be determined by the Government, from time to time.

(2) The other allowances and conditions of service including leave of the Chairperson and
the whole-time member shall be as prescribed by the Government, from time to time.
32. Procedure for inquiry of the charges against the Chairperson or Member of the
Authority or the Appellate Tribunal.- (1) In the event of the Government becoming
aware of occurrence of any of the circumstances specified in clause (d) or clause (e) of
sub-section (1) of section 26 of the Act in case of a Chairperson or member of the
Authority or as specified under sub-section (1) of section 49 of the Act in case of a
Chairperson or Member of the Appellate Tribunal, or by receipt of a complaint in this
regard or suo motu, as the case may be, the Government shall make a preliminary
scrutiny with respect to such charges against the Chairperson or any member of the
Authority or Appellate Tribunal, as the case may be.
(2) If, on preliminary scrutiny, the Government considers it necessary to investigate into
the allegation, it shall place the complaint, if any, together with supporting material as
may be available, before a Judge of the High Court appointed for the purpose by the
Chief Justice of the High Court on the request of the Government.
(3) The Government shall forward to the Judge, copies of-
(a) the statement of charges against the Chairperson or member of the Authority
or Appellate Tribunal, as the case may be; and
(b) material documents relevant to the inquiry.

(4) The Chairperson or member of the Authority or Appellate Tribunal, as the case may
be, shall be given a reasonable opportunity of being heard with respect to the charges
leveled against him within such time period as may be specified in this behalf by the
Judge.
(5) Where it is alleged that the Chairperson or member of the Authority or the Appellate
Tribunal as the case may be is unable to discharge the duties of his office efficiently due
to any physical or mental incapacity and the allegation is denied, the Judge may arrange
 20

for the medical examination of the Chairperson or member of the Authority or the
Appellate Tribunal, as the case may be.
(6) After the conclusion of the investigation, the Judge shall submit his report to the
Government stating therein his findings and the reasons thereof on each of the articles of
charges separately with such observations on the whole case as he thinks fit.
(7) Thereafter, the Government shall, in consultation with the Chief Justice of the High
Court, decide either to remove or not to remove the Chairperson or member of the
Authority or Appellate Tribunal, as the case may be.
33. Salary and allowances payable and other terms and conditions of service of the
officers and other employees of the Appellate Tribunal.- (1) The conditions of service
of the officers and employees of the Appellate Tribunal and any other category of
employees in the matter of pay, allowances, leave, joining time, joining time pay, age of
superannuation and other conditions of service, shall be regulated in accordance with
such rules and regulations as are, from time to time, applicable to officers and employees
of the Government and drawing the corresponding scales of pay.
(2) The Government shall have power to relax the provisions of any of these rules in
respect of any class or category of officers or employees or consultants and experts, as
the case may be.
34. Additional powers of the Appellate Tribunal.- The Appellate Tribunal may call
upon such experts or consultants from the fields of economics, commerce, accountancy,
real estate, town planning, competition, construction, architecture or engineering or from
any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct
of any inquiry or proceedings before it.
35. Administrative powers of the Chairperson of the Appellate Tribunal.- The
administrative powers of the Chairperson of the Appellate Tribunal will be with regard to
the following:-
(a) matters pertaining to human resources, wages and salaries structures,
emoluments, perquisites and personnel policies;
(b) matters pertaining to appointments, promotions and confirmation for all
posts;
(c) acceptance of resignations by any officer or employee;
(d) In addition, the Chairperson will be responsible for officiating against
sanctioned posts;
(e) authorization of tours to be undertaken by any Member, officer or
employee within India and allowance to be granted for the same;
(f) all matters in relation to grant or rejection of leaves.
(g) permission for hiring of vehicles for official use;
 21

(h) nominations for attending seminars, conferences and training courses in

India;
(i) permission for invitation of guests to carry out training course;
(j) sanction scrapping or write-off of capital assets which due to normal wear
and tear have become unserviceable or are considered beyond economical
repairs;
(k) matters relating to disciplinary action against any officer or employee;
(l) any other powers that may be required for the efficient functioning of the
Appellate Tribunal and enforcement of the provisions of the Act and these
rules.
CHAPTER VIII.
OFFENCES AND PENALTIES.

36. Terms and conditions and the fine payable for compounding of offence.- (1) The
court shall, for the purposes of compounding any offence specified under section 70 of
the Act, accept a sum of money as specified in the Table below:-
Offence. Money to be paid for compounding the offence.
Imprisonment under sub section (2) upto 10% of the estimated cost of the real estate
of section 59. project.
Imprisonment under section 64. upto 10% of the estimated cost of the real estate
project.
Imprisonment under section 66. upto 10% of the estimated cost of the plot,
apartment or building, as the case may be, of the
real estate project, for which the sale or purchase
has been facilitated.
Imprisonment under section 68. upto 10% of the estimated cost of the plot,
apartment or building, as the case may be:

Provided that the Government may, by notification, amend the rates specified in the
Table.
(2) On payment of the sum of money in accordance with the table, any person in custody
in connection with that offence shall be set at liberty and no proceedings shall be
instituted or continued against such person in any court. If the promoter is restrained,
restricted or limited by operation of law in providing specific amenities as per the plans
sanctioned, in such case, the promoter shall be absolved from all liabilities for not
providing such amenities in the real estate project.
(3) The acceptance of the sum of money for compounding an offence in accordance with
the table above, by the Court shall be deemed to an acquittal within the meaning of
section 300 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
 22

(4) The promoter, allottee or real estate agent, as the case may be, shall comply with the
orders of the Authority or the Appellate Tribunal, within the period specified by the court,
which shall not be more than 30 days from the date of compounding of the offence.
37. Manner of filing a complaint with the Authority and the manner of holding an
inquiry by the Authority.- (1) Any aggrieved person may file a complaint with the
Authority for any violation under the Act or the rules and regulations made thereunder,
save as those provided to be adjudicated by the adjudicating officer, in Form „M‟ which
shall be accompanied by a fee as specified by the Authority.
(2) The Authority shall, for the purposes of deciding any complaint as specified under
sub-rule (1), follow summary procedure for inquiry in the following manner:-
(a) Upon receipt of the complaint the Authority shall issue a notice along with
particulars of the alleged contravention and the relevant documents to the
respondent;
(b) The notice shall specify a date and time for further hearing;
(c) On the date so fixed, the Authority shall explain to the respondent about the
contravention alleged to have been committed in relation to any of the
provisions of the Act or the rules and regulations made thereunder and if the
respondent -
(i) pleads guilty, the Authority shall record the plea, and pass such orders
including imposition of penalty as it thinks fit in accordance with the
provisions of the Act or the rules and regulations, made thereunder;
(ii) does not plead guilty and contests the complaint the Authority shall
demand an explanation from the respondent;
(d) In case the Authority is satisfied on the basis of the submissions made that the
complaint does not require any further inquiry, it may dismiss the complaint;
(e) In case the Authority is satisfied on the basis of the submissions made that the
there is need for further hearing into the complaint, it may order production of
documents or other evidence on a date and time fixed by it;
(f) The Authority shall have the power to carry out an inquiry, into the complaint,
on the basis of documents and submissions;
(g) On the date so fixed, the Authority upon consideration of the evidence
produced before it and other records and submissions is satisfied that -
(i) the respondent is in contravention of the provisions of the Act or the rules
and regulations made there under it shall pass such orders including
imposition of penalty as it thinks fit in accordance with the provisions of
the Act or the rules and regulations made there under;
(ii) the respondent is not in contravention of the provisions of the Act or the
rules and regulations made there under the Authority may, by order in
writing, dismiss the complaint, with reasons to be recorded in writing.
(h) If any person fails neglects or refuses to appear, or present himself as
required before the Authority, the Authority shall have the power to proceed
 23

with the inquiry in the absence of such person or persons after recording the
reasons for doing so.

38. Manner of filing a complaint with the adjudicating officer and the manner of
holding an inquiry by the Adjudicating officer.- (1) Any aggrieved person may file a
complaint with the adjudicating officer for compensation under section 12, 14, 18 and 19
in Form „N‟ which shall be accompanied by a fee of rupees five thousand in the form
prescribed by the Authority.
(2) The Adjudicating officer shall for the purposes of adjudging compensation follow
summary procedure for inquiry in the following manner:

(a) Upon receipt of the complaint the adjudicating officer shall issue a notice
along with particulars of the alleged contravention and the relevant documents
to the promoter;
(b) The notice shall specify a date and time for further hearing; and on the date so
fixed, the adjudicating officer shall explain to the promoter about the
contravention alleged to have been committed in relation to any of the
provisions of the Act or the rules and regulations made there under and if the
promoter-

(i) pleads guilty, the adjudicating officer shall record the plea, and award
such compensation as he thinks fit in accordance with the provisions of
the Act or the rules and regulations, made there under;
(ii) does not plead guilty and contests the complaint the adjudicating
officer shall demand an explanation from the promoter;

(c) In case the adjudicating officer is satisfied on the basis of the submissions
made that the complaint does not require any further inquiry it may dismiss
the complaint;
(d) In case the adjudicating officer is satisfied on the basis of the submissions
made that the there is need for further hearing into the complaint it may order
production of documents or other evidence on a date and time fixed by him;
(e) The adjudicating officer shall have the power to carry out an inquiry into the
complaint on the basis of documents and submissions;
(f) On the date so fixed, the adjudicating officer upon consideration of the
evidence produced before him and other records and submissions is satisfied
that the promoter is-

(i) liable to pay compensation, the adjudicating officer may, by order in

writing, order payment of such compensation, as deemed fit by the
promoter to the complainant; or
(ii) not liable to any compensation, the adjudicating officer may, by order
in writing, dismiss the complaint, with reasons to be recorded in
writing.
(g) If any person fails, neglects or refuses to appear, or present himself as required
before the adjudicating officer, the adjudicating officer shall have the power to proceed
with the inquiry in the absence of such person or persons after recording the reasons for
doing so.
 24

CHAPTER IX.
BUDGET AND REPORT.

39. Budget, accounts and audit.- The Authority shall prepare a budget, maintain proper
accounts and other relevant records and prepare an annual statement of accounts as
provided in section 77 in Form „O‟.

40. Report and Returns.- The Authority shall prepare its annual report as provided in
section 78 in Form „P‟.

DHARMENDRA PRATAP YADAV

SECRETARY TO GOVERNMENT

//True Copy//

Section Officer
 25

FORM „A‟
[See rule 3 (2)]
APPLICATION FOR REGISTRATION OF PROJECT
To
The Real Estate Regulatory Authority
____________________
Sir,
I/We hereby apply for the grant of registration of my/our project to be set up at
_________ Taluk __________ District _________ State __________.
1. The requisite particulars are as under:-
(i) Status of the applicant, whether individual / company / proprietorship firm /
societies / partnership firm / competent authority;
(ii) In case of individual –
(a) Name
(b) Father‟s Name
(c) Occupation
(d) Permanent address
(e) Photograph
OR
In case of firm / societies / trust / companies / limited liability partnership /
competent authority -
(a) Name
(b) Address
(c) Copy of registration certificate
(d) Main objects
(e) Name, photograph and address of chairman of the governing body /
partners / directors etc.
(iii) PAN No. _________ ;
(iv) Name and address of the bank or banker with which account in terms of section 4
(2)(l)(D) of the Act will be maintained __________;
(v) Details of project land held by the applicant ____________;
(vi) Details of Approval obtained from Various Competent Authorities for
commencing the Project____________;
(vii) Brief details of the projects launched by the promoter in the last five years,
whether already completed or being developed, as the case may be, including the
current status of the said projects, any delay in its completion, details of cases
pending, details of type of land and payments pending etc.
__________________________________;
(viii) Agency to take up external development works ___________ Local Authority
(exact Authority or any agreement to the Authority) / Self Development;
(ix) Registration fee by way of a demand draft dated ________drawn on
_____________________ bearing no. ______ for an amount of
Rs._______________/- calculated as per sub-rule (3) of rule 3;
(x) Any other information the applicant may like to furnish.
2. I/we enclose the following documents in triplicate, namely:-
(i) authenticated copy of the PAN card of the promoter;
(ii) audited balance sheet of the promoter for the preceding financial year.
(iii) copy of the legal title deed reflecting the title of the promoter to the land on
which development is proposed to be developed along with legally valid
documents with authentication of such title, if such land is owned by
another person;
 26

(iv) the details of encumbrances on the land on which development is proposed

including any rights, title, interest or name of any party in or over such land
along with details;
(v) where the promoter is not the owner of the land on which development is
proposed details of the consent of the owner of the land along with a copy
of the collaboration agreement, development agreement, joint development
agreement or any other agreement, as the case may be, entered into
between the promoter and such owner and copies of title and other
documents reflecting the title of such owner on the land proposed to be
developed;
(A) Authenticated copy of the building permit and sanctioned plan from
the competent authority in accordance with the laws applicable for the
project, and where the project is proposed to be developed in phases, an
authenticated copy of the planning permission, building permit /
building sanction plan, partial completion certificate for each of such
phases;
(vi) the sanctioned plan, layout plan and specifications of the proposed project
or the phase thereof, and the whole project as sanctioned by the competent
authority;
(vii) the plan of development works to be executed in the proposed project and
the proposed facilities to be provided thereof including fire-fighting
facilities, drinking water facilities, solid and liquid waste management,
emergency evacuation services, use of renewable energy;
(viii) the location details of the project, with clear demarcation of land dedicated
for the project along with its boundaries including the latitude and
longitude of the end points of the project;
(ix) proforma of the allotment letter, agreement for sale, and the conveyance
deed proposed to be signed with the allottees;
(x) the number, type and the carpet area of apartments for sale in the project
exclusive of the area of balcony, verandah, open terrace and other common
areas, if any, details of which have to be furnished separately;
(xi) the number and areas of covered parking available in the project;
(xii) the number of open parking areas available in the project;
(xiii) details of undivided shares pertaining to the project;
(xiv) the names, addresses, phone numbers, email ids and registration details of
real estate agents, if any, for the proposed project;
(xv) the names, addresses, phone numbers, email ids and registration details of
the contractors, architects, structural engineers, site engineers, project
management consultants, HAVC consultants and Geo Technical Engineers,
if any and other professionals or key persons, if any associated with the
development of the proposed project;
(xvi) a declaration in FORM „B‟.
3. I/We solemnly affirm and declare that the particulars given in herein are correct to
my /our knowledge and belief.

Dated:
Place:

Yours faithfully,
Signature and seal of the applicant(s)
 27

FORM „B‟
[See rule 3(4)]
DECLARATION, SUPPORTED BY AN AFFIDAVIT, WHICH SHALL BE SIGNED
BY THE PROMOTER OR ANY PERSON AUTHORIZED BY THE PROMOTER
Affidavit cum Declaration
Affidavit cum Declaration of Mr./Ms. _________ promoter of the proposed
project______;
I, _________ promoter of the proposed project do hereby solemnly declare,
undertake and state as under:
1. That I / promoter have / has a legal title to the land on which the development of the
project is proposed
OR
Have entered into joint development agreement /collaboration agreement
/development agreement or any other agreement with__________________ who
possess a legal title to the land on which the development of the proposed project is
to be carried out
AND
a legally valid authentication of title of such land along with an authenticated copy of
the agreement between such owner and promoter for development of the project is
enclosed herewith.
2. That the said land is free from all encumbrances.
OR
Possess such encumbrances as ________________ including details of any rights,
title, interest or name of any party in or over such land, along with details.
3. That the time period within which the project shall be completed by me/promoter is
_________.
4. That seventy per cent of the amounts realised by me/promoter for the real estate
project from the allottees, from time to time, shall be deposited in a separate account
to be maintained in a scheduled bank to cover the cost of construction and the land
cost and shall be used only for that purpose.
5. That the amounts from the separate account, to cover the cost of the project, shall be
withdrawn only after due certification by an engineer, architect and a chartered
accountant in practice that the withdrawal is in proportion to the percentage of
completion of the project.
6. That I / promoter shall get the accounts audited within six months after the end of
every financial year by a chartered accountant in practice, and shall produce a
statement of accounts duly certified and signed by such chartered accountant to the
Authority and it shall be verified during the audit that the amounts collected for a
particular project have been utilised for the project and the withdrawals have been
made in compliance with the proportion to the percentage of completion of the
project.
7. That I / promoter shall take all the pending approvals on time, from the competent
authorities.
8. That I / promoter have / has furnished such other documents as have been prescribed
by the rules and regulations made under the Act.
 28

9. That I / promoter shall not discriminate against any allottee at the time of allotment
of any apartment, plot or building, as the case may be, on any grounds.

Deponent
Verification
The contents of my above Affidavit cum Declaration are true and correct and
nothing material has been concealed by me therefrom.

Verified by me at ________ on this ____ day of _______.

Deponent
 29

FORM „C‟
[See rule 6(1)]
REGISTRATION CERTIFICATE OF PROJECT
This registration is granted under section 5 of the Act to the following project
under project registration number _______________:
__________________________________________________________________
_________________________
(Specify Details of Project including the project address);
1. (in the case of an individual) Mr./Ms. _______________________________son of
Mr./Ms._____________________Taluk____________________District__________
___ State_____________________;
OR
(in the case of a firm / society / company / competent authority)
______________firm / society / company / competent authority
__________________ having its registered office / principal place of business at
______________.

2. This registration is granted subject to the following conditions, namely:-

(i) The promoter shall enter into an agreement for sale with the allottees as
provided in „Annexure A‟;

(ii) The promoter shall execute and register a conveyance deed in favour of the
allottee or the association of the allottees, as the case may be, of the apartment
or the common areas as per section 17;
(iii) The promoter shall deposit seventy percent of the amounts realised by the
promoter in a separate account to be maintained in a schedule bank to cover
the cost of construction and the land cost to be used only for that purpose as
per sub-clause (D) of clause (l) of sub-section (2) of section 4;
(iv) The registration shall be valid for a period of ______ years commencing
from_____________and ending with ________________________unless
renewed by the Real Estate Regulatory Authority in accordance with section 6
read with rule 7 of the Act;
(v) The promoter shall comply with the provisions of the Act and the rules and
regulations made thereunder;
(vi) The promoter shall not contravene the provisions of any other law for the time
being in force in the area where the project is being developed.

3. If the above mentioned conditions are not fulfilled by the promoter, the regulatory
authority may take necessary action against the promoter including revoking the
registration granted herein, as per the Act and the rules and regulations made there
under.
Dated:
Place:
Signature and seal of the Authorized Officer
Real Estate Regulatory Authority
 30

FORM „D‟
[See rule 6(2), rule 7(4); rule 8]

INTIMATION OF
REJECTION OF APPLICATION FOR REGISTRATION OF PROJECT /
REJECTION OF APPLICATION FOR EXTENSION OF REGISTRATION OF
PROJECT / REVOCATION OF REGISTRATION OF PROJECT

From:

The Real Estate Regulatory Authority,

_______________________
_______________________

To
_______________________
_______________________
_______________________

Application/Registration No.: _______________

Dated: _______________
You are hereby informed that your application for registration of your project is rejected.
OR
You are hereby informed that your application for extension of the registration of your
project is rejected.
OR
You are hereby informed that the registration granted to your project is hereby revoked.
for the reasons set out:-
___________________________________________________

Place:
Dated:

Signature and seal of the Authorized Officer

Real Estate Regulatory Authority
 31

FORM „E‟
[See rule 7(1)]

APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT

From:
______________________
_______________________
_______________________

To
The Real Estate Regulatory Authority,
_______________________
_______________________
_______________________

Sir,

I/We hereby apply for renewal of registration of the following project:

________________________________________________________
________________________________________________________
registered with the regulatory authority vide project registration certificate bearing
No.________________, which expires on________.
As required I/we submit the following documents and information, namely:-

(i) A demand Draft No. _______________ dated _______________ for

rupees___________ in favour of ___________ drawn on
_______________________ bank as extension fee as provided under sub-rule (2)
of rule 7;
(ii) Authenticated Plan of the project showing the stage of development works
undertaken till date;
(iii) Explanatory note regarding the state of development works in the project and
reason for not completing the development works in the project within the period
declared in the declaration submitted in Form „B‟ at the time of making
application for the registration of the
project___________________________________;
(iv) Authenticated copy of the permission/approval from the competent authority
which is valid for a period which is longer than the proposed term of extension of
the registration sought from the regulatory authority;
(v) The original project registration certificate; and
(vi) Any other information as may be specified by regulations.

Place:

Dated:

Yours faithfully,
Signature and seal of the applicant(s)
 32

FORM „F‟
[See rule 7(4)]
CERTIFICATE FOR EXTENSION OF REGISTRATION OF PROJECT
This extension of registration is granted under section 6 of the Act, to the
following project:
________________________________________________________________________
___
_________________________
________________________________________________________________________
__, registered with the regulatory authority vide project registration certificate bearing
No.___________________ of
1. (in the case of an individual) Mr./Ms. _______________________________son of
Mr./Ms.____________________________Taluk_____________District__________
______
State_____________________;
OR
(in the case of a firm / society / company / competent authority)
______________firm / society / company / competent authority
__________________having its registered office/principal place of business at
______________.
2. This renewal of registration is granted subject to the following conditions, namely:-
(i) The promoter shall execute and register a conveyance deed in favour of the
allottee or the association of the allottees, as the case may be, of the apartment
or the common areas as per section 17;
(ii) The promoter shall deposit seventy percent of the amounts realised by the
promoter in a separate account to be maintained in a schedule bank to cover the
cost of construction and the land cost to be used only for that purpose as per
sub-clause (D) of clause (l) of sub-section (2) of section 4;
(iii) The registration shall be valid for a period of ______ years commencing from
_____________and ending with ________________________unless renewed
by the Real Estate Regulatory Authority in accordance with section 6 of the Act
read with rule 7;
(iv) The promoter shall comply with the provisions of the Act and the rules and
regulations made thereunder;
(v) The promoter shall not contravene the provisions of any other law for the time
being in force in the area where the project is being developed;
(vi) If the above mentioned conditions are not fulfilled by the promoter, the
regulatory authority may take necessary action against the promoter including
revoking the registration granted herein, as per the Act and the rules and
regulations made thereunder.
Dated:
Place:

Signature and seal of the Authorized Officer

Real Estate Regulatory Authority
 33

FORM „G‟
[See rule 11(1)]
APPLICATION FOR REGISTRATION OF REAL ESTATE AGENT
To
The Real Estate Regulatory Authority
____________________
____________________

Sir,
I/We apply for the grant of registration as a real estate agent to facilitate the sale or
purchase of any plot, apartment or building, as the case may be, in real estate projects
registered in the _________State of Tamil Nadu in terms of the Act and the rules and
regulations made thereunder,
1. (in the case of an individual) Mr./Ms. _______________________________son of
Mr./Ms.____________________________Taluk_____________District__________
___State_____________________;

OR
(in the case of a firm / society / company) ______________firm / society /
company__________________having its registered office / principal place of
business at ______________.
2. The requisite particulars are as under:-
(i) Status of the applicant, whether individual / company / proprietorship firm /
societies / partnership firm / limited liability partnership;
(ii) In case of individual –
(a) Name-
(b) Father‟s Name-
(c) Occupation-
(d) Permanent address-
(e) Photograph-

OR
In case of firm / societies / companies -
(a) Name
(b) Address
(c) Copy of registration certificate
(d) Major activities
(e) Name, photograph and address of partners / directors etc.
(iii) particulars of registration including the bye-laws, memorandum of association,
articles of association etc. as the case may be;
(iv) authenticated copy of the address proof of the place of business;
(v) Details of registration in any other State or Union territory;
(vi) Any other information the applicant may like to furnish.

3. I/we enclose the following documents, namely:-

(i) Demand Draft No. ____________ dated _____________ for a sum of
Rs.____________, in favour of __________, drawn on ____________ bank as
registration fee as per sub-rule (2) of rule 11;
 34

(ii) authenticated copy of the registration as a real estate agent in any other State or
Union territory, if applicable;
4. I/we solemnly affirm and declare that the particulars given herein are correct to my/
our knowledge and belief.

Dated:
Place: Yours faithfully,
Signature and seal of the applicant(s)
 35

FORM „H‟
[See rule 12(1)]
REGISTRATION CERTIFICATE OF REAL ESTATE AGENT
1. This registration is granted under section 9 of the Act with registration certificate
bearing No. _______ to -
(in the case of an individual) Mr./Ms. _______________________________son of
Mr./Ms.____________________________Taluk____________District___________
______ State_____________________;
OR
(in the case of a firm / society / company) ______________ firm / society /
company__________________ having its registered office / principal place of
business at ______________.
to act as a real estate agent to facilitate the sale or purchase of any plot, apartment or
building, as the case may be, in real estate projects registered in the _________State
of Tamil Nadu in terms of the Act and the rules and regulations made thereunder,
2. This registration is granted subject to the following conditions, namely:-
(i) The real estate agent shall not facilitate the sale or purchase of any plot,
apartment or building, as the case may be, in a real estate project or part of it,
being sold by the promoter which is required but not registered with the
regulatory authority;
(ii) The real estate agent shall maintain and preserve such books of account,
records and documents as provided under rule 15;
(iii) The real estate agent shall not involve himself in any unfair trade practices as
specified under clause (c) of section 10 of the Act;
(iv) The real estate agent shall provide assistance to enable the allottee and promoter
to exercise their respective rights and fulfil their respective obligations at the
time of booking and sale of any plot, apartment or building, as the case may be;
(v) The real estate agent shall comply with the provisions of the Act and the rules
and regulations made thereunder;
(vi) The real estate agent shall not contravene the provisions of any other law for
the time being in force in the area where the project is being developed;
(vii) The real estate agent shall discharge such other functions as may be specified
by the regulatory authority by regulations;
3. The registration is valid for a period of five years commencing from _____________
and ending with________________________ unless renewed by the regulatory
authority in accordance with the provisions of the Act or the rules and regulations
made thereunder.
4. If the above mentioned conditions are not fulfilled by the real estate agent, the
regulatory authority may take necessary action against the real estate agent including
revoking the registration granted herein, as per the Act and the rules and regulations
made thereunder.
Dated:
Place:
Signature and seal of the Authorized Officer
Real Estate Regulatory Authority
 36

FORM „I‟

[See rule 12(2), 13(4), 14]

INTIMATION OF
REJECTION OF APPLICATION FOR REGISTRATION OF REAL ESTATE
AGENT / REJECTION OF APPLICATION FOR RENEWAL OF REGISTRATION
OF REAL ESTATE AGENT / REVOCATION OF REGISTRATION OF REAL
ESTATE AGENT

From:
The Real Estate Regulatory Authority,
_______________________
_______________________

To
_______________________
_______________________
_______________________

Application / Registration No.: _______________________

Dated : _______________________
You are hereby informed that your application for registration as real estate agent is
rejected.
OR
You are hereby informed that your application for the renewal of the registration as real
estate agent is rejected.
OR
You are hereby informed that the registration granted to you as real estate agent is hereby
revoked.
for the reasons set out:-
___________________________________________________
Place:
Dated:
Signature and seal of the Authorized Officer
Real Estate Regulatory Authority
 37

FORM „J‟
[See rule 13(1)]
APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT
From:
_______________________
_______________________
To
The Real Estate Regulatory Authority,
_______________________
_______________________
_______________________
Sir,
I/we beg to apply for renewal of my/our registration as a real estate agent under
registration certificate bearing No. _______, which expires
on___________________________.
As required I/we submit the following documents and information, namely:-
(i) A demand draft no._______________ dated _______________ for
rupees___________ in favour of ___________drawn
on_______________________
bank as renewal fee;
(ii) The original registration certificate; and
(iii) Status of the applicant, whether individual / company / proprietorship firm /
societies / partnership firm / limited liability partnership;
(iv) In case of individual –
(a) Name
(b) Father‟s Name
(c) Occupation
(d) Permanent address
(e) Photograph

OR
In case of firm / societies / companies -
(a) Name
(b) Address
(c) Copy of registration certificate
(d) Major activities
(e) Name, photograph and address of partners / directors
(v) particulars of registration including the bye-laws, memorandum of association,
articles of association etc. as the case may be;
(vi) authenticated copy of the address proof of the place of business;
(vii) Details of registration in any other State or Union territory;
(viii) Any other information as specified by regulations.

Dated:
Place:
Yours faithfully,
Signature and seal of the applicant(s)
 38

FORM „K‟
[See rule 13 (4)]
RENEWAL OF REGISTRATION OF REAL ESTATE AGENT
1. This renewal of registration is granted under section 9 of the Act to
(in the case of an individual) Mr./Ms. _______________________________son of
Mr./Ms.____________________________Taluk_____________District___________
___
___State_____________________;
OR
(in the case of a firm / society / company) ______________firm / society / company
__________________having its registered office / principal
place of business at ______________.
in continuation of registration certificate bearing No.________________, of
____________.
2. This renewal of registration is granted subject to the following conditions, namely:-
(i) The real estate agent shall not facilitate the sale or purchase of any plot,
apartment or building, as the case may be, in a real estate project or part of it,
being sold by the promoter which is required but not registered with the
regulatory authority;
(ii) The real estate agent shall maintain and preserve such books of account,
records and documents as provided under rule 15;
(iii) The real estate agent shall not involve himself in any unfair trade practices as
specified under clause (c) of section 10 of the Act;
(iv) The real estate agent shall facilitate the possession of all documents, as the
allottee is entitled to, at the time of booking of any plot, apartment or building,
as the case may be;
(v) The real estate agent shall provide assistance to enable the allottee and
promoter to exercise their respective rights and fulfil their respective
obligations at the time of booking and sale of any plot, apartment or building,
as the case may be;
(vi) The real estate agent shall comply with the provisions of the Act and the rules
and regulations made thereunder;
(vii) The real estate agent shall not contravene the provisions of any other law for
the time being in force in the area where the project is being developed;
(viii) The real estate agent shall discharge such other functions as may be specified
by the regulatory authority by regulations;
3. The registration is valid for a period of five years commencing from _____________
and ending with________________________ unless renewed by the regulatory
authority in accordance with the provisions of the Act or the rules and regulations
made thereunder;
4. If the above mentioned conditions are not fulfilled by the real estate agent, the
regulatory authority may take necessary action against the real estate agent including
revoking the registration granted herein, as per the Act and the rules and regulations
made thereunder.
Dated:
Place:
Signature and seal of the Authorized Officer
Real Estate Regulatory Authority
 39

FORM „L‟
[See rule 29(2)]
APPEAL TO APPELLATE TRIBUNAL
Appeal under section 44 of the Act

Every appeal shall be filed in English and in case it is in some other Indian
language, it shall be accompanied by a copy translated in English and shall be
fairly and legibly type-written, lithographed or printed in double spacing on one
side of standard petition paper with an inner margin of about four centimetres
width on top and with a right margin on 2.5 cm, and left margin of 5 cm, duly
paginated, indexed and stitched together in paper book form.
For use of Appellate Tribunal's office:

Date of filing : ______________________

Date of receipt by post: ______________________
Registration No.: ______________________
Signature: ________________________
Registrar: ________________________
IN THE REAL ESTATE APPELLATE TRIBUNAL (Name of place)
Between
______________________ Appellant(s)
And
______________________ Respondent(s)
Details of appeal:
1. Particulars of the appellants:
(i) Name of the appellant:
(ii) Address of the existing office / residence of the appellant:
(iii) Address for service of all notices:
2. Particulars of the respondents:
(i) Name(s) of respondent:
(ii) Office address of the respondent:
(iii) Address for service of all notices:
3. Jurisdiction of the Appellate Tribunal:
The appellant declares that the subject matter of the appeal falls within the
jurisdiction of the Appellate Tribunal.
4. Limitation:
The appellant declares that the appeal is within the limitation specified in sub-section
(2) of section 44
OR
If the appeal is filed after the expiry of the limitation period specified under sub-
section (2) of section 44 specify reasons for delay
_____________________________________
5. Facts of the case:
(give a concise statement of facts and grounds of appeal against the specific order of
regulatory authority or the adjudicating officer, as the case may be passed under
section(s) ___________________ of the Act.
6. Relief(s) sought:
In view of the facts mentioned in paragraph 5 above, the appellant prays for the
following relief(s) _____________________________________________
[Specify below the relief(s) sought explaining the grounds of relief(s) and the legal
provisions (if any) relied upon]
 40

7. Interim order, if prayed for:

Pending final decision on the appeal the appellant seeks issue of the following
interim order:
[Give here the nature of the interim order prayed for with reasons]
8. Matter not pending with any other court, etc.:
The appellant further declares that the matter regarding which this appeal has been
made is not pending before any court of law or any other authority or any other
tribunal(s).
9. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule 29:
(i) Amount
(ii) Name of the bank on which drawn
(iii) Demand draft number
10. List of enclosures:
(i) An attested true copy of the order against which the appeal is filed
(ii) Copies of the documents relied upon by the appellant and referred to in the
appeal
(iii) An index of the documents
Verification

I__________ (name in full block letters) son / daughter of ______ the appellant
do hereby verify that the contents of paragraphs [1 to 10] are true to my personal
knowledge and belief and that I have not suppressed any material fact(s).

Place:
Date:
Signature of the appellant(s)
 41

FORM „M‟
[See rule 37(1)]
COMPLAINT TO REGULATORY AUTHORITY
Complaint under section 31 of the Act
For use of Regulatory Authority(s) office:
Date of filing: ______________________
Date of receipt by post: ______________________
Complaint No.: ______________________
Signature: ________________________
Registrar: ________________________
IN THE REGULATORY AUTHORITIES OFFICE (Name of place)
Between
______________________ Complainant(s)
And
_____________________

Respondent(s) Details of

claim:

1. Particulars of the complainant(s):

(i) Name of the complainant:
(ii) Address of the existing office / residence of the complainant:
(iii) Address for service of all notices:

2. Particulars of the respondents:

(i) Name(s) of respondent:
(ii) Office address of the respondent:
(iii) Address for service of all notices:

3. Jurisdiction of the regulatory authority:

The complainant declares that the subject matter of the claim falls within the
jurisdiction of the regulatory authority.
4. Facts of the case:
[give a concise statement of facts and grounds for complaint]
5. Relief(s) sought:
In view of the facts mentioned in paragraph 4 above, the complainant prays for the
following relief(s) _________________________________________
[Specify below the relief(s) claimed explaining the grounds of relief(s) and the legal
provisions (if any) relied upon]
6. Interim order, if prayed for:
Pending final decision on the complaint the complainant seeks issue of the following
interim order:
[Give here the nature of the interim order prayed for with reasons]
7. Complain not pending with any other court, etc.:
The complainant further declares that the matter regarding which this complaint has
been made is not pending before any court of law or any other authority or any other
tribunal(s).
8. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule 37:
(i) Amount
(ii) Name of the bank on which drawn
 42

(iii) Demand draft number

9. List of enclosures:
[Specify the details of enclosures with the complaint]
Verification
I__________ (name in full block letters) son / daughter of ______ the
complainant do hereby verify that the contents of paragraphs [1 to 9] are true to
my personal knowledge and belief and that I have not suppressed any material
fact(s).

Place:
Date:
Signature of the complainant(s)
 43

FORM „N‟
[See rule 38(1)]
APPLICATION TO ADJUDICATING OFFICER
Claim for compensation under section 31 read with section 71 of the Act.
For use of Adjudicating Officers office:

Date of filing: ______________________

Date of receipt by post: ______________________

Application No.: ______________________

Signature: ________________________

Authorized Officer: ________________________

IN THE ADJUDICATING OFFICERS OFFICE (Name of place)
Between
______________________ appellant(s)
And
______________________

Respondent(s) Details of claim:

1. Particulars of the appellant(s)

(i) Name of the appellant:
(ii) Address of the existing office / residence of the appellant:
(iii) Address for service of all notices:
(iv) Details of allottees apartment, plot or building
2. Particulars of the respondents:
(i) Name(s) of respondent:
(ii) Office address of the respondent:
(iii) Address for service of all notices:
(iv) Registration no. and address of project:
3. Jurisdiction of the Adjudicating Officer:
The appellant declares that the subject matter of the claim falls within the jurisdiction
of the adjudicating officer.
4. Facts of the case:
[give a concise statement of facts and grounds of claim against the promoter]
5. Compensation(s) sought:
In view of the facts mentioned in paragraph 4 above, the appellant prays for the
following compensation(s) ______________________________
[Specify below the compensation(s) claimed explaining the grounds of claim(s) and
the legal provisions (if any) relied upon]
6. Claim not pending with any other court, etc.:
The applicant further declares that the matter regarding which this appeal has been
made is not pending before any court of law or any other authority or any other
tribunal(s).
7. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule 37:
(i) Amount
(ii) Name of the bank on which drawn
(iii) Demand draft number
 44

8. List of enclosures:
[Specify the details of enclosures with the application]

Verification
I__________ (name in full block letters) son / daughter of ______ the appellant
do hereby verify that the contents of paragraphs [1 to 8] are true to my personal
knowledge and belief and that I have not suppressed any material fact(s).

Place:
Date:

Signature of the appellant (s)

 45

FORM „O‟
[See rule 39]
ANNUAL STATEMENT OF ACCOUNTS
Receipts and Payments Account

For the year ended _______________________

(In Rupee)

A/c Receipts A/c Payments

Code Code

Previous

Previous
Current
Current

Year
year

year
year
As
As on As on on As on
1. To Balance Brought 13. By Chairpersonand
down: Members:
1.1. To Bank 13.1. By Pay and Allowances
1.2. To Cash in hand 13.2. By Other benefits
To Fee, Charges and
2. Fine: 13.3. By Travelling expenses:

2.1. To Fees 13.3.1 By Overseas

2.2. To Charges 13.3.2 By Domestic
2.3. To Fines 14. By Officers:
2.4. To Others (specify) 14.1. By Pay and Allowances
3. To Grants: 14.2. By Retirement benefits
To Accounts with
3.1. Government 14.3. By Other benefits
3.2. To Others (specify) 14.4. By Travelling expenses:
4. To Gifts 14.4.1 By Overseas
To Seminars and
5. Conferences 14.4.2 By Domestic
To Sale of
6. Publications 15. By Staff:
To Income on
investments and
7. Deposits : 15.1. By Pay and Allowances
To Income on
7.1. investments 15.2. By Retirement benefits
7.2. To Income on 15.3. By Other benefits
Deposits
8. To Loans: 15.4. By Travelling expenses:

8.1. To Government 15.4.1. By Overseas

8.2. To Others (specify) 15.4. 2 By Domestic
9. To Sale of Assets 16. By Hire of Conveyance
To Sale on
10. Investments 17. By Wages
11. To Recoveries from 18. By Overtime
 46

pay bills

To Loans and
Advances Principal
11.1 Amount 19. By Honorarium
To Interest on Loans
By Other office expenses
11.2 and Advances 20.
11.3 To Miscellaneous 21. By Expenditure on Research
51 To others (specify) 22. By Consultation expenses
By Seminars and
23. conferences
24. By Publications of Authority
25. By Rent and Taxes
26. By Interest on Loans
27. By Promotional Expenses
28. By Membership fee
29. By Subscription
By Purchase of Fixed
30.
Assets (specify)
By Investments and
31.
Deposits
31.1 By Investments
31.2 By Deposits
32. By Security Deposits
33. By Loans and Advances to:
33.1 By Employees:
33.1.1. By Bearing Interest
33.1.2. By Not bearing Interest
33.2. By Suppliers/contractors
33.3. By others (specify)
34. By Repayment of loan
35. By Others
By Leave Salary and
35.1.
Pension
35.2. Contribution
35.3. By Audit Fee
35.4. By Misc:
36. By Balance carried down:
36.1 By Bank
36.2 By Cash in hand
Total Total

Member(s) (Signature) Chairperson (Signature)

Secretary (Signature)
Officer In-charge(Finance and
Accounts)
 47

Income and Expenditure Account

For the 1st April _______________to 31st March______________________
(In Rupee)

A/c Expenditure Current Previous A/c Income Current Previous

Code Year Year Code Year Year As
As on
As on As on on
13 To Chairperson and 2 By Fee, Charges
Members and Fine
13.1 To Pay and Allowances 2.1 By Fee
13.2 To Other benefits 2.2 By Charges
13.3 To Travelling Expenses 2.3 By Fines
13.3.1. To Overseas 2.4 By Others (specify)
13.3.2 To Domestic 3 By Grants
By Account with
14 To Officers 3.1 Government
14.1 To Pay and Allowances 3.2 By Others
(Specify)
14.2 To retirement Benefits 4 By Gifts
14.3 To Other Benefits 5 By Seminars and
Conferences
14.4 To Traveling Expenses 6 By Sale of
Publications

By Income on
7investments and
14.4.1 To Overseas Deposits
By Income on
14.4.2 To Domestic 7.1 Investments
By Income on
15 To Staff 7.2 Deposits
By Interest on
15.1 To Pay and Allowances 11.2 Loan and Advances
By Miscellaneous
15.2 To Retirement Benefits 12 Income
By Gain on Sales
15.3 To Other Benefits 12.1 of Assets
By Excess of
15.4 To Traveling expenses expenditure over
income
(Transferred to
15.4.1 To Overseas Capital Fund
Account)
15.4.2 To Domestic
16 To hire of Conveyance
17 To Wages
18 To Overtime
19 To Honorarium
 48

To Other office
20 expenses
To expenditure on
21 Research
To Consultation
22 expenses
To Seminars and
23 conferences
To Publications of Real
24 Estate Regulatory
Authority
25 To Rent and Taxes
26 To Interest on loans
To Promotional
27
Expenses
28 To membership fee
29 To Subscription
35 To Others
To Leave Salary and
35.1 Pension
35.2 Contribution
35.3 To Audit Fee
35.4 To Misc.
37 To Depreciation
48 To Loss on sale of assets
To Bad Debts written
49 off
To Provision for bad &
50 doubtful debts
To Excess of income
over Expenditure
(Transferred to capital
Fund Account)
Total Total

Member(s) (Signature)
Secretary (Signature)
Officer In-Charge ( Finance and
Accounts) Chairperson (Signature)
 49

Balance Sheet as on 31st (Month)(Year)---------------------

(In Rupees)

Previous Current Previous

A/c Current A/c
Liabilities Year Assets Year Year
Code Year As on Code
As on As on As on

40 Funds 43 Fixed Assets

Gross Block
40.1 Capital Fund 43.1 at Cost

Add Excess of
Income over
Expenditure/
Less excess of Less
Expenditure Cumulative
. over Income depreciation

40.2 Other Funds 42.2 Net Block

. (Specify)
Capital Work-
41 Reserves 44 in-progress
Investments &
8 Loans 31 Deposits
8.1 Government 31.1 Investment
8.2 Others 31.2 Deposits
Current
Loans and
42 Liabilities 33
Advances
and provisions
Account with
3.1 Government
Sundry
45 Debtors
Cash and
Bank
36 Balances
Other Current
46 Assets
Total Total
Accounting Policies
and Notes to
Member(s) (Signature) Chairperson (Signature)
Secretary (Signature)
Officer In-Charge ( Finance and Accounts)
 50

FORM „P‟
[See rule 40]
ANNUAL REPORT TO BE PREPARED BY REGULATORY AUTHORITY

I. Return on registration of promoters and real estate agents

A. In relation to Promoters:
Serial Name of Address of Description Fee paid Registration
Number promoter promoter of project for Number
which
registration
has been
issued
1 2 3 4 5 6

Date of issue of Date of which Date of extension Remarks

Registration registration expires of registration with
period of extension
7 8 9 10

B. In relation to Real Estate Agents:

Serial Name Address Registration Date of Date on Date and Remark
Number of Real of Real Fee paid issue of which period of
Estate Estate registration registration renewal of
Agent Agent certificate certificate registration
expires certificate
1 2 3 4 5 6 7 8

II. Return on number of cases filed before the regulatory authority and the adjudicating
officer for settlement of disputes and adjudicated upon.

Number of Cases received during

Serial Number of Cases pending the quarter by the regulatory Number of Cases disposed
No. in authority of
the last quarter by the by the regulatory
regulatory authority Authority

Serial No. of Cases pending in No. of Cases received during No. of Cases disposed
No. the last quarter with the the quarter by the adjudicating of by the adjudicating
adjudicating officer officer officer
 51

III. Statement on the periodical survey conducted by the regulatory authority to monitor
the compliance of the provisions of the Act by the promoters, allottees and real estate
agents.

Serial. Survey conducted during Observation of Authority Remedial steps taken

No. the quarter with details

IV. Statement on steps taken to mitigate any non-compliance of the provisions of the
and the rules and regulations made thereunder by the promoters, allottees and real estate
agents

Serial No. Subject Steps taken Results achieved

V. Statements on penalty imposed by the regulatory authority for contraventions of the Act
and directions of the regulatory authority and adjudicating officer.

SI. No. Name of the Details of the Penalty imposed Whether paid
promoter directions issued
 52

ANNEXURE ‘A’

AGREEMENT FOR SALE

[See rule 9]

This Agreement for sale (“AGREEMENT”) entered into at [ ] on [ ]

BY AND BETWEEN

[If the promoter is a company] M/s.[ ] (CIN no. ), a company incorporated under the
provisions of the Companies Act, [1956 or 2013, as the case may be, having its registered
office at [ ] and its corporate office at [ ](PAN - ), represented by its authorized
signatory [ ] (Aadhar no. ) authorized VIDE board resolution dated [ ] hereinafter
referred to as the “Promoter” (which expression shall unless repugnant to the context or
meaning thereof be deemed to mean and include its successor-in-interest, executors,
administrators and permitted assignees);

[OR]

[If the promoter is a Partnership firm], [ ]a partnership firm registered under the Indian
Partnership Act,1932, having its principal place of business at [ ], (PAN), represented by
its authorized Partner [ ],(Aadhar no. ) authorized VIDE [ ], hereinafter referred to as the
“Promoter” (which expression shall unless repugnant to the context or meaning thereof be
deemed to mean and include its successors-in-interest, executors, administrators and
permitted assignees, including those of the respective partners).

[OR]

[If the promoter is an Individual] Mr. / Ms.[ ] , (Aadhar no. ) son /daughter of [ ], aged
about [ ] , residing at [ ], (PAN ), hereinafter called the “Promoter” (which
expression shall unless repugnant to the context or meaning thereof be deemed to mean
and include his/her heirs, executors, administrators, successors-in- interest and permitted
assignees).

AND

[If the Allottee is a company] M/s. [ ], (CIN no. ) a company incorporated under the
provisions of the Companies Act, 1956 or 2013, as the case may be, having its registered
office at [ ], (PAN ), represented by its authorized signatory, [ ], (Aadhar no. ) duly
authorized VIDE board resolution dated [ ], hereinafter referred to as the “Allottee” (which
expression shall unless repugnant to the context or meaning thereof be deemed to mean
and include its successor-in-interest, executors, administrators and permitted assignees).

[OR]

[If the Allottee is a Partnership] [ ], a partnership firm registered under the Indian
 53

Partnership Act, 1932,having its principal place of business at [ ], (PAN),represented by

its authorized partner, [ ], (Aadhar no. )authorized VIDE [ ], hereinafter referred to
as the “Allottee”(which expression shall unless repugnant to the context or meaning
thereof be deemed to mean and include its successors-in-interest, executors,
administrators and permitted assignees, including those of the respective partners).

[OR]

[If the Allottee is an Individual]Mr. / Ms.[ ], (Aadhar no. ) son / daughter of [ ], aged
about [ ], residing at [ ], (PAN ), hereinafter called the “Allottee” (which
expression shall unless repugnant to the context or meaning thereof be deemed to mean
and include his/her heirs, executors, administrators, successors-in-interest and permitted
assignees).

[OR]

[If the Allottee is a HINDU UNDIVIDED FAMILY, Mr. [ ], (Aadhar no. ) son of [ ]
aged about [ ] for self and as the Karta of the Hindu Joint Mitakshara Family known as [ ]
HINDU UNDIVIDED FAMILY, having its place of business / residence at [ ], (PAN ),
hereinafter referred to as the “Allottee” (which expression shall unless repugnant to the
context or meaning thereof be deemed to include his heirs, representatives, executors,
administrators, successors-in-interest and permitted assigns as well as the members of the
said HINDU UNDIVIDED FAMILY, their heirs, executors, administrators, successors-
in-interest and permitted assignees).

[Please insert details of other Allottee(s), in case of more than one Allottee]
The Promoter and the Allottee shall hereinafter be either collectively referred to as
“Parties” and/ or individually as “Party”.
WHEREAS

A. The Promoter is the absolute and lawful owner of lands admeasuring [ ] square
meters comprised in Survey Nos.[ ] situated at [ ] Village, [ ] Taluk, [ ] District,
morefully described in Schedule A hereunder (“Said Land”) VIDE sale deed(s) dated
registered as documents no.[ ] at the office of the Sub-Registrar; and

[OR]

[ ](“Owner”) is/are the absolute and lawful owner of lands admeasuring [ ] square
meters comprised in S.Nos.[ ] situated at [ ] Village, [ ] Taluk, [ ] District (“Said
Land”) VIDE sale deed(s) dated registered as documents no. at the office of the
Sub-Registrar. The Owner and the Promoter have entered into a
[collaboration/development/joint development] agreement dated [ ]; and

B. [If the Project is to develop commercial/residential complex] The Promoter has

formulated a scheme for developing the Said Land. The Said Land is earmarked for
the purpose of building a [commercial/residential/any other purpose] project
 54

comprising of [ ] Towers having [ ] Blocks with [ ] Floors having [ ] with amenities

and facilities (“Project”); and

Or

[If the Project is plotted development] The Promoter has formulated a scheme for
developing the Said Land into plotted development comprising of
residential/commercial plots (“Project”); and

C. [If the Project is to develop commercial/residential complex] The Promoter has

obtained requisite sanctions, authorizations, consents, no objections, permissions and
approvals from the appropriate authorities for construction and development of the
Project vide Planning Permit No.[ ] dated [ ] issued by [ ]and Building Permit No.[ ]
dated [ ] issued by [ ]; and

or

[If the Project is plotted development] The Promoter has obtained requisite sanctions,
authorizations, consents, no objections, permissions and approvals from the
appropriate authorities for plotted development vide lay-out approval vide Permit
No.[ ] dated [ ] issued by [ ]; and

D. The Promoter has registered the Project under the provisions of the Act with the
Real Estate Regulatory Authority at [ ] on [ ] under registration No [ ]; and
E. The Allottee has already scrutinized / verified all sanctions, authorizations, consents,
no objections, permissions and approvals issued by the appropriate authorities and is
satisfied with the title and statutory compliance with regards to the Project; and
F. [If the Project is to develop commercial/residential complex] The Allottee desirous of
owning an apartment in the Project has offered to purchase [ ] square feet of
undivided share in the Said Land, which is more fully described in Schedule B
hereunder and engage the Promoter to construct an apartment as per the scheme
formulated by the Promoter; and

or

[If the Project is plotted development] The Allottee desirous of purchasing a Plot in
the Project has offered to purchase a plot admeasuring [ ] square feet, which is more
fully described in Schedule B hereunder; and

G. The Promoter has agreed to transfer the Schedule B property in favour of the Allottee
subject to the terms recorded hereunder; and
H. The Promoter is fully competent to enter into this Agreement and all the legal
formalities with respect to the right, title and interest of the Promoter regarding the
Said Land on which Project is to be developed have been completed; and
I. The Parties have decided to reduce the terms and conditions mutually agreed upon
into writing through these presents.
 55

NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:

The Promoter and the Allottee mutually agree and covenant as follows:-
1. The Promoter agree to transfer and convey Schedule B hereunder in favour of the
Allottee for a sum of Rs.[ ] (Rupees [ ] Only) („Consideration‟) to be paid by the
Allottee as per the schedule of payment mentioned in Schedule C hereunder.
2. [If any subsisting charge on the Schedule A property] The Promoter represent that
there is an existing charge created over the Schedule A property with the [financial
institute/bank] for availing project finance. However, the Promoter shall release the
Schedule B property from the charge created and obtain suitable „Release & No
objection certificate‟ from the respective banks/financial institution and hand over the
same to the Allottee within [ ] days from execution of this Agreement.
3. [Save as mentioned in clause 2 supra], the Promoter doth hereby covenant with the
Allottee that the property agreed to be conveyed and transferred by the Promoter to
the Allottee is free from all encumbrances and defects in title and that the Promoter
have full and absolute power to convey and transfer Schedule B property.

4. [If the Project is to develop commercial/residential complex] The right of the Allottee
to purchase the Schedule B property shall be subject to the Allottee engaging the
Promoter for construction of his/her apartment through the Promoter by entering into
a Construction Agreement in accordance with the scheme of development formulated
by the Promoter.
5. [If the Project is to develop commercial/residential complex] The Allottee agrees that
the execution of the Construction Agreement with Promoter and timely payment of
installments as per the payment schedule in the respective agreements executed under
the scheme of development shall be condition precedent for purchase of the Schedule
B property.
6. The Allottee without the prior written consent of Promoter shall not have the right in
any way to assign or transfer the interest under this Agreement at any time before
registration of sale deed for the Schedule 'B' property.
7. That the Promoter hereby further covenant with the Allottee that the Promoter shall
not encumber, create a charge over or otherwise deal with the property described in
the Schedule 'B' hereunder or any part thereof in a manner contrary to the terms of
this Agreement. The Promoter hereto shall not enter into any agreement in respect of
the property described in Schedule 'B' hereunder with any other person/s during the
subsistence of this agreement.
8. That all payments to be paid under this Agreement by the Allottee to the Promoter,
apart from the loan amount, shall be paid directly by the Allottee to the Promoter.
Any loan amounts availed by the Allottee, shall be directly disbursed / released by the
bank / financial institution to the Promoter and the same shall be treated as payments
made on behalf of the Allottee. Notwithstanding whether the loan is obtained or not,
the Allottee shall be liable to pay to the Promoter on the due dates the relevant
installments and all other sums due under this Agreement and in the event, if there is
any delay and or default is made in payment of such amounts, the Allottee shall be
liable for the consequences including payment of delayed payment charges on the
outstanding payment as provided in this agreement.
 56

9. The Allottee hereby agrees that the assignment of the Allottee‟s right under this
agreement to any third party is subject to the prior written permission of the Promoter
and further agrees to pay to the Promoter in an Assignment fee of [ ]% of Total Price
(„Assignment Fee‟)
10. The Parties hereto agree and confirm that the execution and registration of the Sale
Deed envisaged for conveyance of the Schedule B property to the Allottee shall be
completed only on receipt of all monies due from the Allottee to the Promoter under
this Agreement as well as other agreements, if any, executed between the Parties
under the scheme of development.
11. Provided always it is hereby expressly agreed to by and between the Parties hereto
that all agreements entered into between the Parties pursuant to the scheme of
development are separate and distinct but default in one shall be construed as default
in the other and the rights and obligations of the Parties shall be determined
accordingly. Further the Parties agree and confirm that this agreement shall stand
automatically terminated in the event of termination of any one of the agreements
entered into between the Parties under the scheme of development.
12. The Allottee shall come forward for registration of this Agreement, at the request of
the Promoter and all stamp duty, registration charges, legal expenses and all other
miscellaneous and incidental expenses for registration of this Agreement and the sale
deed in future, including additional stamp duty, if any, registration fee or any other
charges that may be demanded by the appropriate authority present and future shall be
borne to by the Allottee.
13. In the event of the Allottee failing to pay the aforesaid sums, in the manner provided
in Schedule C or cancel/withdraw from the Project except for the default of the
Promoter, then the Promoter at their discretion after due notice of 15 days to the
Allottee is entitled to cancel this Agreement and re-allot Schedule B property to
another party and the Allottee shall thereafter have no right, interest or claim over the
Schedule B property. Consequent to such termination, subject to deduction of the
booking amount, the Promoter shall refund the monies collected from the Allottee
within 45 days of such cancellation without interest, simultaneous to the Allottee
executing necessary cancellation and registration of the Agreement and/or sale deed
by the Allottee.
14. [If the Project is to develop commercial/residential complex] The Parties hereby
confirm that this Agreement and the Construction Agreement of even date entered
into by the Allottee shall co-exist or co-terminate.
15. That the Promoter shall pay land taxes (if applicable), levies, rents, public charges and
other payable in respect of the property described in Schedule 'B' hereunder unto the
date of Registration of the sale deed or delivery of possession of the plot/apartment to
the Allottee, whichever is earlier. The Allottee shall be liable to pay the said taxes,
rates, levies, etc., from the date of registration of Sale Deed or delivery of possession
of the plot/apartment to the Allottee, whichever is earlier.
16. Both Parties agree that they shall execute, acknowledge and deliver to the other such
instruments and take such other actions, in additions to the instruments and actions
specifically provided for herein, as may be reasonably required in order to effectuate
the provisions of this Agreement or of any transaction contemplated herein or to
 57

confirm or perfect any right to be created or transferred hereunder or pursuant to any

such transaction.
17. That all notices to be served on the Allottee and the Promoter as contemplated by this
Agreement shall be deemed to have been duly served if sent to the Allottee or the
Promoter by Registered Post/ e-mail/ courier at their respective addresses specified
below:
_____________ (Name of Allottee)
_____________ (Allottee Address)
M/s (Promoter name)
____________ (Promoter Address)
It shall be the duty of the Allottee and the promoter to inform each other of any
change in address subsequent to the execution of this Agreement in the above address
by Registered Post failing which all communications and letters posted at the above
address shall be deemed to have been received by the promoter or the Allottee, as the
case may be.
18. That in case there are joint Allottees, all communications shall be sent by the
Promoter to the Allottee whose name appears first and at the address given by him/her
which shall for all intents and purposes to consider as properly served on all the
Allottees.
19. The Promoter may, at its sole option and discretion, without prejudice to its rights as
set out in this Agreement, waive the breach by the Allottee is in not making payments
as per the Payment Plan including waiving the payment of interest for delayed
payment. It is made clear and so agreed by the Allottee that exercise of discretion by
the Promoter in the case of one Allottee shall not be construed to be a precedent and
/or binding on the Promoter to exercise such discretion in the case of other Allottees.
20. Failure on the part of the Promoter to enforce at any time or for any period of time the
provisions hereof shall not be construed to be a waiver of any provisions or of the
right thereafter to enforce each and every provision.
21. If any provision of this Agreement shall be determined to be void or unenforceable
under the Act or the Rules and Regulations made thereunder or under other applicable
laws, such provisions of the Agreement shall be deemed amended or deleted in so far
as reasonably inconsistent with the purpose of this Agreement and to the extent
necessary to conform to the Act or the Rules and Regulations made thereunder or the
applicable law, as the case may be, and the remaining provisions of this Agreement
shall remain valid and enforceable as applicable at the time of execution of this
Agreement
22. This Agreement may only be amended through written consent of the parties
23. That the rights and obligations of the parties under or arising out of this Agreement
shall be construed and enforced in accordance with the laws for the time being in
force.
24. The execution of this Agreement shall be complete only upon its execution by the
Promoter through its authorized signatory at the Promoter‟s Office, or at some other
place, which may be mutually agreed between the Promoter and the Allottee, in
_________________ after the Agreement is duly executed by the Allottee and the
Promoter or simultaneously with the execution the said Agreement shall be registered
 58

at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have
been executed at ________________
25. All or any disputes arising out or touching upon or in relation to the terms and
conditions of this Agreement, including the interpretation and validity of the terms
thereof and the respective rights and obligations of the Parties, shall be settled
amicably by mutual discussion, failing which the same shall be settled through the
adjudicating officer appointed under the Act. [Please insert any other terms and
conditions as per the contractual understanding between the parties, however, please
ensure that such additional terms and conditions are not in derogation of or
inconsistent with the terms and conditions set out above or the Act and the Rules and
Regulations made thereunder.]
IN WITNESS WHEREOF parties hereinabove named have set their respective
hands and signed this Agreement for sale at (city/town
name) in the presence of attesting witness, signing as such on the day first above
written.
SCHEDULE - A
(Description of the Total Land)

SCHEDULE - B
(Description of undivided share of land/plot hereby agreed to be conveyed to the
Allottee)

SCHEDULE “C”
(Schedule of Payment)
Schedule of payments to be paid by the Allottee to the Promoter for delivery of
SCHEDULE “B” PROPERTY:

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND
SIGNED THEIR NAMES ON THIS AGREEMENT ON [ ] DAY OF [ ]

Allottee
Promoter
WITNESSES:

1.

2.
 59

CONSTRUCTION AGREEMENT.
THIS CONSTRUCTION AGREEMENT (“AGREEMENT”) ENTERED INTO
AT [ ] ON [ ]
BY AND BETWEEN

[If the promoter is a company] M/s.[ ] (CIN no. ), a company incorporated under the
provisions of the Companies Act, [1956 or 2013, as the case may be], having its
registered office at [ ] and its corporate office at [ ](PAN - ), represented by its
authorized signatory [ ] (Aadhar no. ) authorized VIDE board resolution dated [ ]
hereinafter referred to as the “Promoter” (which expression shall unless repugnant to the
context or meaning thereof be deemed to mean and include its successor-in-interest,
executors, administrators and permitted assignees);

[OR]

[If the promoter is a Partnership firm], [ ]a partnership firm registered under the Indian
Partnership Act,1932, having its principal place of business at [ ], (PAN), represented by
its authorized Partner [ ],(Aadhar no. ) authorized VIDE [ ], hereinafter referred to as the
“Promoter” (which expression shall unless repugnant to the context or meaning thereof be
deemed to mean and include its successors-in-interest, executors, administrators and
permitted assignees, including those of the respective partners).

[OR]

[If the promoter is an Individual] Mr. / Ms.[ ] , (Aadhar no. ) son /daughter of [ ], aged
about [ ] , residing at [ ], (PAN ), hereinaftercalled the “Promoter” (which
expression shall unless repugnant to the context or meaning thereof be deemed to mean
and include his/her heirs, executors, administrators, successors-in- interest and permitted
assignees).

AND

[If the Allottee is a company] M/s. [ ], (CIN no. ) a company incorporated under the
provisions of the Companies Act, [1956 or 2013, as the case may be], having its
registered office at [ ], (PAN ), represented by its authorized signatory, [ ], (Aadhar no.
) duly authorized VIDE board resolution dated [ ], hereinafter referred to as the
“Allottee” (which expression shall unless repugnant to the context or meaning thereof be
deemed to mean and include its successor-in-interest, executors, administrators and
permitted assignees).

[OR]

[If the Allottee is a Partnership] [ ], a partnership firm registered under the Indian
Partnership Act, 1932,having its principal place of business at [ ], (PAN),represented by
its authorized partner, [ ], (Aadhar no. )authorized VIDE [ ], hereinafter referred to
as the “Allottee”(which expression shall unless repugnant to the context or meaning
 60

thereof be deemed to mean and include its successors-in-interest, executors,

administrators and permitted assignees, including those of the respective partners).

[OR]

[If the Allottee is an Individual]Mr. / Ms.[ ], (Aadhar no. ) son / daughter of [ ], aged
about [ ], residing at [ ], (PAN ), hereinafter called the “Allottee” (which
expression shall unless repugnant to the context or meaning thereof be deemed to mean
and include his/her heirs, executors, administrators, successors-in-interest and permitted
assignees).

[OR]

[If the Allottee is a HINDU UNDIVIDED FAMILY\Mr. [ ], (Aadhar no. ) son of [ ]

aged about [ ] for self and as the Karta of the Hindu Joint Mitakshara Family known as [ ]
HINDU UNDIVIDED FAMILY, having its place of business / residence at [ ], (PAN ),
hereinafter referred to as the “Allottee” (which expression shall unless repugnant to the
context or meaning thereof be deemed to include his heirs, representatives, executors,
administrators, successors-in-interest and permitted assigns as well as the members of the
said HINDU UNDIVIDED FAMILY, their heirs, executors, administrators, successors-
in-interest and permitted assignees).

[Please insert details of other Allottee(s), in case of more than one Allottee]
The Promoter and the Allottee shall hereinafter be either collectively referred to as
“Parties” and/ or individually as “Party”.
WHEREAS

A. The Promoter is the absolute and lawful owner of lands admeasuring [ ] square
meters comprised in S.Nos.[ ] situated at [ ] Village, [ ] Taluk, [ ] District, morefully
described in Schedule A hereunder (“Said Land”) VIDE sale deed(s) dated registered
as documents no.[ ] at the office of the Sub-Registrar;

[OR]

[ ](“Owner”) is/are the absolute and lawful owner of lands admeasuring [ ] square
meters comprised in S.Nos.[ ] situated at [ ] Village, [ ] Taluk, [ ] District (“Said
Land”) VIDE sale deed(s) dated registered as documents no. at the office of the
Sub-Registrar. The Owner and the Promoter have entered into a
[collaboration/development/joint development] agreement dated [ ];

B. The Promoter has formulated a scheme for developing the Said Land. The Said Land
is earmarked for the purpose of building a [commercial/residential/any other
purpose] project comprising of [ ] Towers having [ ] Blocks with [ ] Floors having [ ]
with amenities and facilities (“Project”).
C. The Promoter has obtained requisite sanctions, authorizations, consents, no
objections, permissions and approvals from the appropriate authorities for
 61

construction and development of the Project vide Planning Permit No.[ ] dated [ ]
issued by [ ]and Building Permit No.[ ] dated [ ] issued by [ ];
D. The Promoter has registered the Project under the provisions of the Act with the
Real Estate Regulatory Authority at [ ] on [ ] under registration No [ ].
E. The Allottee has already scrutinized / verified all sanctions, authorizations, consents,
no objections, permissions and approvals issued by the appropriate authorities and is
satisfied with the title and statutory compliance with regards to the Project;
F. The Allottee desirous of owning an apartment in the Project has entered into an
Agreement for Sale with the Owner for purchase of [ ] square feet of undivided share
of land in the Said Land, which is morefully described in Schedule B hereunder and
secured the right to appoint Promoter to construct an apartment as per the scheme
formulated by the Promoter;
G. The Allottee has now applied for construction of an apartment in the Project vide
application no.[ ] dated [ ] to the Promoter and the Promoter has agreed to construct
and allot apartment no.[ ] having carpet area of [ ] square feet , type [ ], on [ ] floor in
[tower/block/building] along with [ ] reserved car parking No.[ ] and proportionate
share in the common area as, morefully described in Schedule B hereunder
(„Apartment‟) to the Allottee.
H. The Promoter is fully competent to enter into this Agreement and all the legal
formalities with respect to the right, title and interest of the Promoter regarding the
Said Land on which Project is to be constructed have been completed;
I. The Parties have decided to reduce the terms and conditions mutually agreed upon
into writing through these presents.

NOW THEREFORE THIS AGREEMENT WITNESSETH AS

FOLLOWS:
The Promoter and the Allottee mutually agree and covenant as follows:
1. ALLOTMENT:
The Promoter hereby agrees to construct, allot and deliver the Apartment, as per
the specifications mentioned in the Annexure hereunder, to the Allottee at the
cost of the Allottee.

2. CONSTRUCTION COSTS AND OTHER RELATED PAYMENTS:

a. The Construction Cost for the Apartment based on the carpet area is Rs. [ ]
(Rupees [ ] only). The Construction Cost includes the following
Block/Building/Tower no. Amount
Apartmentno.TypeFloor
 62

Rupees __________________ only ("Construction Cost) (Give break up and

description):

Provide break up of the amounts such as cost of apartment, proportionate

cost of common areas, preferential location charges, taxes etc.

The Construction Cost above includes the booking amount paid by the Allottee to
the Promoter towards the Apartment;

1. The Construction Cost above includes Taxes (consisting of tax paid or

payable by the Promoter by way of Value Added Tax, Service Tax, and
Cess or any other similar taxes which may be levied, in connection with the
construction of the Project payable by the Promoter) up to the date of
handing over the possession of the Apartment:
2. Provided that in case there is any change / modification in the existing taxes
and any other new Taxes, the subsequent amount payable by the Allottee to
the promoter shall be increased/reduced based on such change /
modification.
3. The Promoter shall periodically intimate to the Allottee, the amount
payable as stated in (1) above and the Allottee shall make payment within (-
--------) days from the date of such written intimation.
4. The Construction Cost is escalation-free, save and except increases, which
the Allottee hereby agrees to pay, due to increase on account of
development charges payable to the competent authority and/or any other
increase in charges, which may be levied or imposed by the competent
authority from time to time.
5. The Promoter undertakes and agrees that while raising a demand on the
Allottee for increase in development charges, cost/charges imposed by the
competent authorities, the Promoter shall quote the said
notification/order/rule/regulation to that effect along with the demand letter
being issued to the Allottee.
6. The Allottee(s) shall make the payment as per the payment plan set out in
Schedule D (“Payment Plan”). The Allottee authorizes the Promoter to
adjust/appropriate all payments made by him/her under any head(s) of dues
against lawful outstanding, if any, in his/her name as the Promoter may in
its sole discretion deem fit and the Allottee undertakes not to
object/demand/direct the Promoter to adjust this payment in any manner.

 In case maintenance of the project is done by the promoter after hand over,
promoter shall be entitled to collect advance maintenance charges as mutually
agreed with the Allottee/s

7. a sum of Rs.[ ]/- (Rupees [ ] only) towards corpus fund, to be utilized for
major expenditure in maintenance of the building and other infrastructural
facilities and amenities in the Project shall be paid at the time of handing
 63

over possession of the SCHEDULE “C” PROPERTY. The Promoter shall

transfer this amount after deducting any expenses incurred, for the purpose
of maintenance of the buildings; without interest to the agency to be
appointed by them or the Association / Society to be formed by the Allottee.
3. MODE OF PAYMENT:
(a) The Allottee has paid a sum of Rs.[ ]/- (Rupees [ ]only), to the Promoter vide
Cheque No. [ ] dated [ ] drawn on [ ]Bank, [ ] Branch Chennai, as booking amount
at the time of allotment of the Apartment;
(b) The Allottee shall pay the balance consideration amount as per the schedule of
payments detailed in the SCHEDULE– D hereunder;
(c) The Allottee hereby undertake/s and assure/s that based on the stage intimation
letters issued / to be issued by the Promoter to the Allottee, the above payments
shall be made by the Allottee within the due date and without any further demand,
as time for payment of the above said sums being the essence of the contract and
the Allottee is fully informed by the Promoter that any default in payment of the
above said amount would affect the completion of the Project;

(d) All payments shall be made by Cheques or Demand Drafts or through RTGS.
The date of credit of the amount into the account of the Promoter will be
considered as the date of payment made by the Allottee and the delayed payment
charges will become payable from the due date;
(e) The Allottee shall not delay, withhold or postpone the payments due as mentioned
in SCHEDULE-D, on whatever reason and in that event, Allottee shall be
responsible for any consequential sufferance or damages and they shall adhere to
clause 5(a)(1) mentioned herein.
(f) The Allottee, if resident outside India, shall be solely responsible for complying
with the necessary formalities as laid down in Foreign Exchange Management Act,
1999, Reserve Bank of India Act and Rules and Regulations made thereunder or
any statutory amendment(s) modification(s) made thereof and all other applicable
laws including that of remittance of payment acquisition/sale/transfer of
immovable properties in India etc. and provide the Promoter with such permission,
approvals which would enable the Promoter to fulfill its obligations under this
Agreement. Any refund, transfer of security, if provided in terms of the
Agreement shall be made in accordance with the provisions of Foreign Exchange
Management Act, 1999 or statutory enactments or amendments thereof and the
Rules and Regulations of the Reserve Bank of India or any other applicable law.
The Allottee understands and agrees that in the event of any failure on his/her part
to comply with the applicable guidelines issued by the Reserve Bank of India,
he/she shall be liable for any action under the Foreign Exchange Management Act,
1999 or other laws as applicable, as amended from time to time. The Promoter
accepts no responsibility in this regard. The Allottee shall keep the Promoter fully
indemnified and harmless in this regard. Whenever there is any change in the
residential status of the Allottee subsequent to the signing of this Agreement, it
shall be the sole responsibility of the Allottee to intimate the same in writing to
the Promoter immediately and comply with necessary formalities if any under the
 64

applicable laws. The Promoter shall not be responsible towards any third party
making payment/remittances on behalf of any Allottee and such third party shall
not have any right in the application/allotment of the said apartment applied for
herein in any way and the Promoter shall be issuing the payment receipts in
favour of the Allottee only.
4. PERIOD OF COMPLETION AND HANDING OVER OF POSSESSION:
(a) The Promoter shall endeavor to complete the construction of the Apartment
within [ ] months with grace period of [ ] months from the date of this Agreement.
The Promoter agrees and understands that timely delivery of possession of the
Apartment is the essence of the Agreement. The Promoter, based on the approved
plans and specifications, assures to hand over possession of the Apartment as
committed, unless there is delay or failure due to war, flood, drought, fire, cyclone,
earthquake or any other calamity caused by nature affecting the regular
development of the real estate project (“Force Majeure”). If, however, the
completion of the Project is delayed due to the Force Majeure conditions then the
Allottee agrees that the Promoter shall be entitled to the extension of time for
delivery of possession of the Apartment, provided that such Force Majeure
conditions are not of a nature, which make it impossible for the contract to be
implemented. The Allottee agrees and confirms that, in the event it becomes
impossible for the Promoter to implement the project due to Force Majeure
conditions, then this allotment shall stand terminated and the Promoter shall
refund to the Allottee the entire amount received by the Promoter from the
allotment within (---) days from that date of determination of impossibility of
performance. After refund of the money paid by the Allottee, Allottee agrees that
he/ she shall not have any rights, claims etc. against the Promoter and that the
Promoter shall be released and discharged from all its obligations and liabilities
under this Agreement
(b) The Promoter, upon completion of construction of the Apartment shall intimate to
the Allottee of the same at the last known address of the Allottee by letter and the
Allottee shall take possession of the Apartment within (----)days of receipt of such
intimation. The Promoter shall not be liable in any manner whatsoever, for failure
of the Allottee to take over possession of the Apartment.
(c) Upon receiving a written intimation from the Promoter as per clause 4 (b), the
Allottee shall take possession of the Apartment from the Promoter by executing
necessary indemnities, undertakings and such other documentation as prescribed
in this Agreement, and the Promoter shall give possession of the Apartment to the
Allottee. In case the Allottee fails to take possession within the time provided in
clause 4(b), such Allottee shall continue to be liable to pay maintenance charges
as applicable
(d) The Promoter shall hand over possession of the Apartment to the Allottee as
committed subject to receipt of the entire consideration including the other
payments as per Schedule D. It is made abundantly clear that the obligation of the
Promoter to handover the Apartment to the Allottee does not arise until the
Promoter receives the entire payment/s as mentioned in Schedule D
 65

(e) The Allottee shall not do or permit any agent / workers to carry out any work in
the Apartment, until possession is handed over to the Allottee.

5. BREACH OF TERMS AND ITS REMEDY:

(a) Allottee‟S COVENANT:
1. In the event of the Allottee failing to pay the aforesaid sums, in the manner
provided in Schedule D or cancel/withdraw from the Project except for the default
of the Promoter, then the Promoter at their discretion after due notice of (----)
days to the Allottee is entitled to cancel this Agreement and re-allot the Apartment,
to the another party and the Allottee shall thereafter have no right, interest or
claim over the Apartment. Consequent to such termination, subject to deduction
of the booking amount, the Promoter shall refund the monies collected from the
Allottee within (----) days of such cancellation without interest, simultaneous to
the Allottee executing necessary cancellation and registration of the Agreement
and/or sale deed by the Allottee.
2. The Allottee hereby agrees that the assignment of the Allottee‟s right under this
agreement to any third party is subject to the prior written permission of the
Promoter and further agrees to pay to the Promoter an Assignment fee of [ ]% of
Construction Cost („Assignment Fee‟).
3. The Parties hereby confirm that this Agreement and the Agreement for Sale of
even date entered into by the Allottee shall co-exist or co-terminate.
4. It is specifically agreed by the Allottee that the Allottee shall bear all statutory
charges from the date of intimating the readiness of the Apartment for handover
by the Promoter
(b) PROMOTER‟S COVENANT:

Subject to the Force Majeure clause, the Promoter shall be considered to be on

default, in the following events:

1. Promoter fails to provide ready to move in possession of the Apartment to the

Allottee within the time period specified. For the purpose of this clause, 'ready to
move in possession' shall mean that the apartment shall be in a habitable condition
which is complete in all respects;
2. Discontinuance of the Promoter‟s business as a developer on account of
suspension or revocation of his registration under the provisions of the Real Estate
Regulatory Authority Act or the rules or regulations made there under;
3. In case of Default by Promoter under the conditions listed above, Allottee is
entitled to the following:

(i) Stop making further payments to Promoter as demanded by the Promoter.

If the Allottee stops making payments, the Promoter shall correct the
situation by completing the construction milestones and only thereafter the
Allottee be required to make the next payment without any penal interest;
or
(ii) The Allottee shall have the option of terminating the Agreement in which
 66

case the Promoter shall be liable to refund the entire money paid by the
Allottee under any head whatsoever towards the purchase of the Apartment,
along with interest at the rate specified in the Rules within (-----)of
receiving the termination notice, simultaneous to the execution of
cancellation agreement and registration thereof, if required

Provided that where an Allottee does not intend to withdraw from the
project or terminate the Agreement, he/she shall be paid, by the promoter,
interest at the rate specified in the Rules, for every month of delay till the
handing over of the possession of the Apartment.
6. MAINTENANCE OF COMMON AREAS AND AMENITIES IN THE
PROJECT:

(a) The Promoter shall provide essential maintenance services to common areas /
amenities / facilities from the date of completion of the Project at reasonable cost,
by themselves or through any other agency appointed by the Promoter.
(b) The Parties may mutually agree to execute an independent maintenance
agreement at the time of handover of the Apartment with the Promoter or
nominated maintenance agency. The rights, duties and obligation of maintenance
of the Common Areas and amenities provided in the Project may be captured in
the said maintenance agreement („Maintenance Agreement‟). The Promoter shall
deduct the monthly maintenance charges from the Maintenance Advance, if any
collected.
(c) Any capital expenditure for providing additional amenities shall be met out by the
Promoter from and out of the Corpus Fund with the consent of the association of
allottees.
(d) The capital expenditure spent of the Corpus Fund shall be replenished by raising
pro-rate demand and collection from each Allottee, if the Allottee defaults in
making the proportionate Corpus Fund the Promoter shall be entitled to collect the
prescribed interest for the due payments.
(d) The Allottee along with the other allottees of the Project shall ensure that the
owners welfare association is formed as per the provisions of the Tamil Nadu
Apartment Ownership Act, 1994 („Owners Association‟). The Promoter shall
render its co-operation and facilitate in formation of the Owners Association.
(e) The Promoter shall render proper accounts to the Owners Association at the time
of handover of the maintenance with respect to the spending from Advance
Maintenance charges and Corpus Fund collected.
(f) Subsequent to the taking over of maintenance by the Owners Association, the
Allottee shall continue to pay the all costs, charges, expenses, relating to the
management, maintenance and upkeep of common areas and common facilities /
amenities including but not limited to Sewerage Treatment Plant/Effluent
Treatment Plant, Water Treatment Plant, RO Plats Lifts, Motors, pumps, bio
metric systems, dish antennas, net work cablings etc., etc., within the Project on
pro-rata basis or in another manner as deem fit by the Association. The Promoter
 67

shall not be liable for any shortcomings or deficiency thereof, in any manner
whatsoever.
(g) It is specifically agreed by the Allottee that the Allottee shall pay their pro-rata
maintenance charges for the common areas, common amenities / facilities in the
Project in time and without any delay and in the event of the Allottee‟s inability to
pay the maintenance charges or any default or delay in payment of maintenance
charges and deposits if any, the Allottee may be deprived of his/her/its/their rights
to enjoy the common facilities and amenities. In addition to that, such defaults
will be displayed in the notice board within the Project.
7. SANCTIONS AND APPROVALS:
(a) The statutory approvals, including State and Central Government
approvals/permissions including amendments / modifications / alterations, its
departments, local bodies, authorities, Chennai Metropolitan Development
Authority, Tamil Nadu Electricity Board, Corporation of Chennai, and all other
concerned authorities, may mandate the Promoter to handover certain percentage
of land to the statutory authorities concerned, as a condition for granting approval.
The Promoter shall have absolute discretion to determine and identify the portion
of the land to be handed over for complying with the terms and conditions of
statutory approvals
(b) The Promoter hereby covenants that the Project shall be constructed as per the
approved building plan.
(c ) The Allottee is aware that the present plans sanctioned by the competent authority
is valid for specific term, the promoter shall be responsible to get the approvals
duly renewed, the Allottee hereby give their specific consent and empower the
promoter to file necessary renewal application with the appropriate authority and
to comply with any statutory requirement for such renewal.
9. DEFECTS LIABILITY:

The Promoter shall rectify any structural defects with respect to the Apartment
(normal wear and tear is exempted), which shall not be as the result of any
commission or omission of the Allottee, any damages caused due to the acts of
god or natural calamities or fire accidents, any willful or accidental damages
caused, any damages caused due to tampering by the Allottee, any product that has
been installed by the Promoter brought to the notice of the Promoter within 5 years
from the date of intimating the readiness to handover of the Apartment and
thereafter no claim shall be entertained against the Promoter in respect of any
alleged defective work in the Apartment and/or Project under any circumstances.
The above liability of the Promoter shall be restricted only to rectify / repair the
above defects and any consequential damages will not be covered under this
Agreement. Structural defects shall not include plastering hairline crack. Third
party warranty on products shall be governed by the terms and conditions provided
by the manufacturer of the respective products.
10. LOANS AND FINANCIAL ASSISTANCES:
 68

(a) The original Sale Deed relating to the SCHEDULE “B” PROPERTY will be
under the custody of the Promoter till such time all / last payment including cost
of construction and extra amenities are paid / settled by the Allottee to the
Promoter. However, if the Allottee prefers/s to avail loan, the original Sale Deed
in respect of SCHEDULE “B” PROPERTY will be released directly to the
mortgagee / Banks / Financial Institutions, after obtaining a commitment letter
from the mortgagee / banks / financial institutions. The Promoter undertakes to
furnish one set of photocopies of title deeds pertaining to the SCHEDULE “A”
PROPERTY to the Allottee. In the event of foreclosure of the loan by the Allottee
prior to handing over the SCHEDULE “C” PROPERTY by the Promoter to the
Allottee, the Allottee shall hand over the original Sale Deed to the Promoter and
the Promoter will have the custody of the documents till such time all / last
payment including cost of construction and extra amenities are paid / settled by
the Allottee to the Promoter
(b) All the payments to be paid under this Agreement by the Allottee to the Promoter,
apart from the loan amount, shall be paid directly by the Allottee to the Promoter;
(c) All the loan amount/s, availed by the Allottee, shall be directly disbursed /
released by the bank / financial institution to the Promoter and the same shall be
treated as payments made on behalf of the Allottee;
(d) Not withstanding whether the loan is obtained or not, the Allottee shall still be
liable to pay to the Promoter on the due dates the relevant installments and all
other sums due under this Agreement and in the event, if there is any delay and or
default is made in payment of such amount/s, the Allottee shall be liable for the
consequences including payment of delayed payment charges on the outstanding
payment as provided in this agreement.
11. RIGHTS AND DUTIES OF THE ALLOTTEE:
(a) While the Allottee would have absolute and exclusive ownership / possession /
enjoyment of the Apartment, after handing over, the Allottee‟s right, title and
interest in the common areas shall be enjoyed in concurrence with other owners /
residents of other apartments in the Project, who would be equally entitled to the
common amenities / facilities / easements available in the Project, all costs of
repairs / maintenance of which common enjoyments shall be shared by all the
owners, including the Allottee as per the articles / regulations / bye-laws of the
Association to be formed by all the apartment owners in the Project;
(b) It is abundantly made clear that all the service lines, ducts, watercourses and other
facilities passing through the Said Land shall be treated as common to all the
owners, which shall be maintained by the Association. The owners of the
apartments shall not object to the common services passing through their
respective apartments and allow the service persons to do the maintenance
services in the areas through which the services are passing through;
(c) The Allottee shall adhere to the maintenance and usage guidelines provided by the
Association to maintain harmonious community living and ensure that rights and
enjoyment of other apartment owners are not affected;
 69

(d) The Allottee covenants not to make any alteration in the structure of the
Apartment, which may affect directly or indirectly, the structural safety &
stability and the aesthetic elevation of the building complex;
(e) The Allottee or their tenants (Occupants) and/or Association shall not, at any time,
encroach and carry on in the common areas or within the SCHEDULE “A”
PROPERTY, any commercial trade or business or use it for storage of anything
which is offensive in nature, hazardous or inflammable or is likely to be a
nuisance or danger or diminish the value or the utility of the other portions of the
building in the Project in occupation of the owners of other apartments or their
successors in title and further shall not do or commit any activity which is
unlawful and anti–social;
(f) The Allottee shall either in his/her/its/their individual capacity or as a member of
the Association / Society, after its formation, come to an understanding with the
other owners of the apartment shall operate and maintain all the essential
amenities like STP, RO, Genset, fire fighting equipments, elevator, piped gas,
Rain water harvesting etc either individually or through the Association whenever
required and in good running condition. It is the responsibility of the Allottee and
or the Association to ensure proper assistance to the government officials
concerned during periodical inspection.
(g) The Allottee shall not either in his/her/its/their individual capacity or as a member
of the Association, after its formation, come to an understanding with the other
owners of the apartment to utilize the common areas for commercial purposes or
for earning income from outsiders;
(h) The Allottee agrees to sign from time to time all papers and documents and to do
all things as the Promoter may require, for the effective completion of the
construction and in matters connected with obtaining, erecting and providing the
infrastructural facilities like water, sewerage, electricity, etc;
(i) The Allottee shall not encroach upon the common areas;
(j) The Allottee shall not decorate the exterior of the proposed buildings in the
Project otherwise than in a manner agreed to by the majority of the apartment
owners with the prior permission of the Association;
(k) The Allottee shall not put up any temporary or permanent structure anywhere in
the Project nor change the elevation of the proposed buildings;
(l) The Allottee shall not make any alterations in the structural feature of the
proposed building like R.C.C. Flooring, Roofing, columns and external walls
during \ after completion, including the parking space allotted;
(m) The Allottee shall use the Apartment only for residential purposes and not to use
for any other purposes and for business prohibited by law;
(n) The Allottee shall not cause any nuisance to the other occupants of proposed
apartments in the Project;
(o) The Allottee shall have no right to hinder the progress of construction of the
residential apartment buildings in the Project or any part thereof under any
circumstances whatsoever, and at whatever stage of construction;
(p) The Allottee shall give all necessary support, assistance to the other apartment
owners /Association. The supporting common walls and roofs and all common
 70

areas of the buildings in the Project shall be maintained and repaired in common
by all the owners of the apartments in the Project;
(q) The Allottee shall park their cars / vehicles only at the specific car parking space
allotted to the Allottee and not at any other place around the building and shall use
the Car Parking space only for parking their vehicles and shall not use the parking
space for other purposes including storage of materials;

12. RIGHTS AND DUTIES OF THE PROMOTER:

(a) The Promoter undertakes to develop the Project with good workmanship using
standard materials, through its own labour, materials, tools, machineries and other
equipment for the purpose of construction, or by appointing contractors / sub –
contractors, engineers and supervisors at their choice and to take steps to complete
the SCHEDULE “C” PROPERTY within the time stipulated for completion of the
same;
(b) The Promoter shall be responsible and liable to pay the land tax in respect of the
Said Land up to the date of execution and registration of Sale Deed in respect of
SCHEDULE “B” PROPERTY or delivery of possession of the SCHEDULE “C”
PROPERTY to the Allottee, whichever is earlier. From the date of intimating the
readiness to hand over possession, the Allottee is solely responsible and liable for
property tax and other relevant taxes / charges and duties to the respective
authorities with respect to the SCHEDULE “B & C” PROPERTY;
(c) The Promoter will provide only electrical points. The cost of all electrical fixtures
and consumables like bulbs, fans, fittings etc., will be borne by the Allottee;
14. NAME OF THE PROJECT:
The Project to be developed by the Promoter in the SCHEDULE “A”
PROPERTY is named as [ ], which shall not be changed / altered by the Allottee
at any point of time. The Promoter is expressly permitted to display, at all times,
the name and logo of the Project along with the name of the Promoter or their
group companies, upon the Project in such location and in the style and format of
the Promoter‟s choice. The Promoter shall have exclusive proprietary and other
rights, title and interest on such name.
15. RIGHT TO ENTER THE APARTMENT FOR REPAIRS
The Promoter / maintenance agency /association of allottees shall have rights of
unrestricted access of all Common Areas, garages/closed parking‟s and parking
spaces for providing necessary maintenance services and the Allottee agrees to
permit the association of allottees and/or maintenance agency to enter into the
Apartment or any part thereof, after due notice and during the normal working
hours, unless the circumstances warrant otherwise, with a view to set right any
defect.
16. USAGE
Use of Basement and Service Areas: The basement(s) and service areas, if any, as
located within the (project name), shall be earmarked for purposes such as
parking spaces and services including but not limited to electric sub-station,
transformer, DG set rooms, underground water tanks, pump rooms, maintenance
and service rooms, fire fighting pumps and equipment‟s etc. and other permitted
 71

uses as per sanctioned plans. The Allottee shall not be permitted to use the
services areas and the basements in any manner whatsoever, other than those
earmarked as parking spaces, and the same shall be reserved for use by the
association of allottees formed by the Allottees for rendering maintenance
services.
17. COMPLIANCE OF LAWS, NOTIFICATIONS ETC., BY ALLOTTEE
The Allottee is entering into this Agreement for the allotment of a Apartment with
the full knowledge of all laws, rules, regulations, notifications applicable to the
Project in general and this project in particular. That the Allottee hereby
undertakes that he/she shall comply with and carry out, from time to time after
he/she has taken over for occupation and use the said Apartment, all the
requirements, requisitions, demands and repairs which are required by any
competent Authority in respect of the Apartment/ at his/ her own cost.
18. ADDITIONAL CONSTRUCTIONS
The Promoter undertakes that it has no right to make additions or to put up
additional structure(s) anywhere in the Project after the building plan has been
approved by the competent authority(ies) except for as provided in the Act.
19. APARTMENT OWNERSHIP ACT
The Promoter has assured the allottees that the project in its entirety is in
accordance with the provisions of the Tamil Nadu Apartment ownership Act,
1994 and Allottee shall comply with the compliance as required under the
Apartment Ownership Act.
20 ENTIRE AGREEMENT
This Agreement, along with its schedules, constitutes the entire Agreement
between the Parties with respect to the subject matter hereof and supersedes any
and all understandings, any other agreements, allotment letter, correspondences,
arrangements whether written or oral, if any, between the Parties in regard to the
said apartment/plot/building, as the case may be.
21 RIGHT TO AMEND
This Agreement may only be amended through written consent of the parties.
22 PROVISIONS OF THIS AGREEMENT APPLICABLE ON Allottee /
SUBSEQUENT ALLOTTEES
It is clearly understood and so agreed by and between the Parties hereto that all
the provisions contained herein and the obligations arising hereunder in respect of
the Project shall equally be applicable to and enforceable against any subsequent
Allottees of the Apartment, in case of a transfer, as the said obligations go along
with the Apartment for all intents and purposes.
23 WAIVER NOT A LIMITATION TO ENFORCE
a) The Promoter may, at its sole option and discretion, without prejudice to its rights
as set out in this Agreement, waive the breach by the Allottee in not making
payments as per the Payment Plan including waiving the payment of interest for
delayed payment. It is made clear and so agreed by the Allottee that exercise of
discretion by the Promoter in the case of one Allottee shall not be construed to be
a precedent and /or binding on the Promoter to exercise such discretion in the case
of other Allottees.
 72

b) Failure on the part of the Promoter to enforce at any time or for any period of time
the provisions hereof shall not be construed to be a waiver of any provisions or of
the right thereafter to enforce each and every provision.
24. SEVERABILITY
If any provision of this Agreement shall be determined to be void or
unenforceable under the Act or the Rules and Regulations made thereunder or
under other applicable laws, such provisions of the Agreement shall be deemed
amended or deleted in so far as reasonably inconsistent with the purpose of this
Agreement and to the extent necessary to conform to Act or the Rules and
Regulations made thereunder or the applicable law, as the case may be, and the
remaining provisions of this Agreement shall remain valid and enforceable as
applicable at the time of execution of this Agreement.
25. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER
REFERRED TO IN THE AGREEMENT
Wherever in this Agreement it is stipulated that the Allottee has to make any
payment, in common with other Allottee(s) in Project, the same shall be the
proportion which the carpet area of the Apartment bears to the total carpet area of
all the [Apartments/Plots] in the Project.
26. FURTHER ASSURANCES
Both Parties agree that they shall execute, acknowledge and deliver to the other
such instruments and take such other actions, in additions to the instruments and
actions specifically provided for herein, as may be reasonably required in order to
effectuate the provisions of this Agreement or of any transaction contemplated
herein or to confirm or perfect any right to be created or transferred hereunder or
pursuant to any such transaction.
27. PLACE OF EXECUTION
The execution of this Agreement shall be complete only upon its execution by the
Promoter through its authorized signatory at the Promoter‟s Office, or at some
other place, which may be mutually agreed between the Promoter and the Allottee,
in _________________ after the Agreement is duly executed by the Allottee and
the Promoter or simultaneously with the execution the said Agreement shall be
registered at the office of the Sub-Registrar. Hence this Agreement shall be
deemed to have been executed at ________________.
28. NOTICES
That all notices to be served on the Allottee and the Promoter as contemplated by
this Agreement shall be deemed to have been duly served if sent to the Allottee or
the Promoter by Registered Post/ e-mail/ courier at their respective addresses
specified below:
_____________ (Name of Allottee)
_____________ (Allottee Address)
M/s (Promoter name)
____________ (Promoter Address)
It shall be the duty of the Allottee and the promoter to inform each other of any
change in address subsequent to the execution of this Agreement in the above
address by Registered Post failing which all communications and letters posted at
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the above address shall be deemed to have been received by the promoter or the
Allottee, as the case may be.
29 JOINT ALLOTTEES
That in case there are Joint Allottees all communications shall be sent by the
Promoter to the Allottee whose name appears first and at the address given by
him/her which shall for all intents and purposes to consider as properly served on
all the Allottees.
30 GOVERNING LAW
That the rights and obligations of the parties under or arising out of this
Agreement shall be construed and enforced in accordance with the laws of India
for the time being in force.
31 DISPUTE RESOLUTION
All or any disputes arising out or touching upon or in relation to the terms and
conditions of this Agreement, including the interpretation and validity of the terms
thereof and the respective rights and obligations of the Parties, shall be settled
amicably by mutual discussion, failing which the same shall be settled through the
adjudicating officer appointed under the Act. [Please insert any other terms and
conditions as per the contractual understanding between the parties, however,
please ensure that such additional terms and conditions are not in derogation of
or inconsistent with the terms and conditions set out above or the Act and the
Rules and Regulations made thereunder.]
IN WITNESS WHEREOF parties hereinabove named have set their respective
hands and signed this Agreement for sale at (city/town
name) in the presence of attesting witness, signing as such on the day first above
written.
SCHEDULE - A
(Description of the Total Land)
“All that piece and parcel of vacant lands measuring an total extent of [ ] Sq.Ft in
which [ ] Sq.Ft., of land has been gifted to appropriate Authority and remaining
extent of [ ] Sq.Ft, situated at -----------, comprised in - New
Survey Nos[ ] [ ]Village, [ ] Taluk, [ ] District, Tamil Nadu, being bounded on the
North By : []
South By : []
East By : []
West By : []
and situate in the Sub-Registration District of ---------, in the Registration District
of ---------------”.

SCHEDULE - B
(Description of undivided share of land hereby agreed to be conveyed to the
Allottee) [ ]square feet undivided share of land in the SCHEDULE “A”
PROPERTY”
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SCHEDULE “C”
(Description of Apartment)
“Apartment Bearing No.[ ], having carpet area of [ ] square feet, in the [ ]Floor of Block
No.[ ] in Tower No.[ ], in the residential apartment complex known as

SCHEDULE “D”
(Schedule of Payment)
Schedule of payments to be paid by the Allottee to the Promoter for construction and
delivery of the SCHEDULE “C” PROPERTY:

Sl. Period of payment

Percentage
No.
1
2

ANNEXURE
(Features of the Apartment)
STRUCTURE:

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND
SIGNED THEIR NAMES ON THIS CONSTRUCTION AGREEMENT ON ______
DAY OF ___________

Allottee

Promoter

WITNESSES:
1.
2.

DRAFTED BY

//True Copy//

Section Officer