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The Uttar Pradesh Real Estate Regulatory Authority has notified its 10th amendment to the General Regulations, 2019, bringing changes focused on homebuyer protection. The update allows buyers in unregistered projects to file complaints and seek relief, addressing a long-standing gap. It also caps charges on transfer and succession of property, especially easing the process for family members. These measures aim to improve transparency, streamline dispute resolution, and reduce financial burden on buyers. The move builds on earlier regulatory efforts to strengthen accountability in the real estate sector and ensure better consumer safeguards.
The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has notified the 10th amendment to its General Regulations, 2019, introducing changes aimed at strengthening consumer protection and improving regulatory clarity in the real estate sector. The new provisions have now come into force and are expected to address key concerns faced by homebuyers. Advertisement
The amendments, issued under the Real Estate (Regulation and Development) Act, 2016, focus on improving transparency and accountability, especially in cases where buyers were earlier left without clear remedies. As part of the update, Regulations 24 and 47 have been revised to cover unresolved issues related to unregistered projects and transfer-related charges.
Under the revised Regulation 24, the authority has addressed the long-standing uncertainty around whether buyers in unregistered projects can approach UP RERA. The updated provision allows such allottees to file complaints, which will be heard by the authority's benches following due procedure. This is a significant shift, as earlier many buyers faced confusion and delays in seeking legal recourse.
The benches will first assess whether the concerned project was required to be registered under the law. If registration is found to be necessary, the authority will initiate separate action to bring the project under the regulatory framework. Once this is done, the complaint will be examined on its merits, and relief will be granted as per applicable provisions.
Since unregistered projects often lack complete documentation, complainants will be required to submit additional details to support their cases. To streamline this process, a dedicated system for filing such complaints through Form M is expected to be introduced on the UP RERA portal soon. This step is likely to make complaint filing more structured and accessible.
The change is expected to provide much-needed relief to homebuyers who were earlier excluded from formal dispute resolution due to the unregistered status of their projects. Over the past few years, similar issues have been reported across several states, where buyers struggled to secure remedies in projects that had not complied with registration norms under RERA.
In another key revision under Regulation 47, the authority has rationalised the charges applicable to transfer or succession of allotments. In cases where an allottee has passed away, and the successor is a family member, the promoter can now charge a maximum processing fee of INR 1,000. This is subject to submission of documents such as the death certificate, succession certificate, and no-objection certificates from other legal heirs.
For transfers involving non-family members, the maximum fee has been capped at INR 25,000. The amendment also clarifies that no fresh sale or lease agreement will be executed in such situations. Instead, the required changes will be recorded as endorsements in the existing agreement, reducing procedural delays and paperwork.
The UP RERA Chairman, Sanjay Bhoosreddy, stated that the amendments are intended to make the grievance redressal system more transparent, efficient, and user-friendly. His statement reflects the authority's continued effort to simplify processes and reduce disputes in the sector.
Source PTI
FAQ
Q1: What changes has UP RERA introduced through its latest amendment?
Uttar Pradesh Real Estate Regulatory Authority has introduced its 10th amendment to the General Regulations, 2019, focusing on improving homebuyer protection. The changes aim to address gaps in grievance redressal, enhance transparency, and simplify processes related to complaints and property transfers.
Q2: Can buyers in unregistered projects now file complaints?
Yes, the amendment allows buyers in unregistered projects to approach UP RERA and file complaints. This resolves a long-standing issue where such buyers previously faced uncertainty and limited legal recourse, ensuring they can now seek formal relief.
Q3: How will complaints in unregistered projects be handled?
UP RERA will first assess whether the project was required to be registered. If so, action will be taken to bring it under the regulatory framework. After that, the complaint will be examined on merits, and appropriate relief will be provided, ensuring a structured resolution process.
Q4: Is there any new system for filing such complaints?
Yes, a dedicated mechanism through Form M is expected to be introduced on the UP RERA portal. This will help streamline complaint filing, especially in cases where documentation may be limited in unregistered projects.
Q5: What changes have been made to transfer and succession charges?
The amendment caps charges for property transfer and succession. For family members, the maximum processing fee is now limited to INR 1,000, while for non-family transfers, it is capped at INR 25,000, reducing the financial burden on buyers.
Q6: What documents are required in succession cases?
In cases involving transfer due to the death of an allottee, documents such as a death certificate, succession certificate, and no-objection certificates from legal heirs are required. This ensures proper verification while keeping the process straightforward.
Q7: Will a new agreement be created during transfer?
No, the amendment clarifies that no fresh sale or lease agreement will be executed. Instead, changes will be recorded as endorsements in the existing agreement, which helps reduce paperwork and speeds up the process.
Q8: How do these changes benefit homebuyers?
These reforms improve access to grievance redressal, reduce excessive charges, and simplify procedures. Overall, they strengthen consumer protection, make the system more transparent, and enhance confidence in the real estate regulatory framework.
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