The Kerala real estate market has witnessed tremendous growth in recent years. The demand for properties is driven by the emerging IT hubs, bustling industrial hubs and thriving tourist destinations. The industry has remained largely unorganised and governed by local regulations and laws enacted by the Central government for several years. The Real Estate (Regulation and Development) Act was enacted in 2016 to streamline the real estate sector across India.
Under this act, a state-level authority has been established to implement RERA rules, protect buyers’ interests, and ensure transparency. The state-level authority in Kerala, also known as K-RERA, was established in 2016. Homebuyers planning to purchase properties in Kerala should be aware of the role RERA plays in their journey. The Kerala RERA launched a revamped portal in 2020. Buyers can visit the portal to check for RERA-registered projects before investing. Similarly, the portal provides a smooth process for developers and real estate agents to register their projects online. In this guide, we discuss all the services provided by RERA Kerala and buyers can use the portal to check projects.
What is RERA Kerala?
RERA Kerala is the local real estate regulatory authority established to streamline the real estate sector. The Kerala government enacted the Kerala Real Estate (Regulation and Development) Rules in 2018 and set up the K-RERA (Kerala Real Estate Regulatory Authority) towards the end of 2019.
Under Section 85 of the Real Estate (Regulation and Development) Act, 2016, which allows state authorities to make their regulations, the Kerala Real Estate Regulatory Authority (General) Regulations, 2020 were promulgated.
The RERA Kerala is responsible for promoting transparency and building trust in the real estate market. It lays down rules for developers and agents to ensure all transactions take place in a transparent manner, thus protecting buyers’ interests. Through these regulations and organised framework for real estate transactions, the authority plays a crucial role in boosting investment in real estate projects across the state.
Kerala RERA focuses on fulfilling the following objectives:
- Safeguard the interests of allottees.
- Ensure accountability of all stakeholders in the real estate industry.
- Promote transparency by minimising delays and fraud and following fair practices.
- Impose rules and regulations for both buyers and promoters.
- Establish a fast-track dispute resolution process.
- Act as an intermediary between the allottee and the allotter.
- Foster good governance to instil investor confidence.
Benefits of RERA Kerala for homebuyers
The Kerala RERA safeguards the interests of property buyers in the state in the following ways:
- Access to project details: Under RERA laws, homebuyers have the right to access real-time information on projects, which is available on the official RERA website. Developers are required to disclose precise details on timeline, completion date, project status, etc.
- Standardised property area: RERA defines a standard formula used to calculate carpet area, which allows builders to compute the property costs. Earlier, buyers had to pay charges based on the built-up and super-built-up areas.
- Safeguard against project delays: Project delays often pose risks for homebuyers, including financial strain and a lack of trust towards developers. By strictly enforcing project delivery timelines, RERA protects buyers and entitles them to compensation in case of delays.
- Establishing Escrow account: RERA protects buyers by safeguarding the money they invest in a project by allowing 70% of the funds to be saved in a separate escrow account, used only for that specific project’s construction and land cost, preventing fund misuse.
- Legal process for resolving buyer issues: RERA lays down a streamlined process for addressing the issues faced by buyers. It allows buyers to file complaints against errant builders or agents through its portal.
- Rules on advance payments: RERA also provides rules to keep a check on the advance payments builders take from homebuyers before sale. The maximum limit of these payments is 10% of the property cost.
How to view registered projects on KRERA?
- To view a real estate project’s details in Kerala, visit the official website at https://rera.kerala.gov.in/
- Click on ‘List of registered projects’ under Public Corner tab
- Users can also scroll down the page and click on the quick link for ‘registered projects’
- On the next page, users must enter the relevant details like project name or promoter name and click on ‘Search’.
- The project details will be displayed.
A total of 1481 projects have been registered under Kerala RERA.
How to view registered agents on K-RERA?
- To view registered real estate agents in Kerala, visit the official website at https://rera.kerala.gov.in/ Scroll down the page. Click on the quick link for ‘registered agents’.
- On the next page, users must enter the agent’s name in the given field and click on ‘Search’
- The agent details will be displayed on the screen.
How to register with RERA Kerala online for homebuyers?
- For registration of projects with Kerala RERA, visit the K-RERA website https://rera.kerala.gov.in/
- On the login page, create a new user account by choosing category (Promoter or Real Estate Agent) for new registrations.
- Complete the online registration form by providing relevant details.
- Upload relevant documents as per the checklist for the mentioned category.
- Pay the required fee for RERA Kerala registration through the online payment gateway.
- An acknowledgement will be sent after the process is successfully completed. The RERA registration certificate will be issued, which can be downloaded.
How to register a real estate project with K-RERA?
- To register a real estate project, first register as a promoter on the K-RERA website https://rera.kerala.gov.in/
- Click on ‘start new registration’ under ‘Promoter Corner’.
- Select the user type as ‘Promoter’. Provide relevant information in the given field and click on ‘Create User’ to proceed.
- Promoters must complete Form A and as per the rules laid out in Chapter III of the Kerala Real Estate Regulatory Authority (General) Regulations-2020.
- Submit the form with the necessary documents. Promoters should provide complete information, including name, photograph, contact numbers, address, information about other partners and directors in the company, PAN, Aadhaar, annual report, auditor’s report, details about the project, amenities, parking spaces, legal title deed, development and layout plans, joint development agreement (if applicable), details of the land, etc.
- Pay the relevant fee to the authority, which may vary based on the project type and the area of development.
- The K-RERA authority will verify the form and the supporting documents. The regulatory authority is responsible for registering the project within 30 days.
- Once the application is approved, a unique registration number will be issued. The promoter must display this RERA-registered number in all project advertisements and promotional materials.
How to register a real estate agent with K-RERA?
- To register as a real estate agent, visit the K-RERA website https://rera.kerala.gov.in/
- Click on ‘start new agents registration’ under ‘Agent Corner’.
- Select the user type as ‘Agent’. Enter relevant details and click on ‘Create User’ to proceed.
- Log in to the portal and go to the dashboard. Choose the type of agent – individual or other than individual
- Complete the registration form by providing the relevant details, picture and relevant supporting documentation
- Submit the application and proceed with the payment of the registration fee online
What are the documents required for RERA registration?
For Promoters
Promoters/builders are required to furnish relevant documents such as:
- Valid PAN card
- Income tax returns for the three preceding financial years
- Audited balance sheet of the promoter for the preceding three financial years
- Legal title report for the land
- Encumbrance certificate of the land
- Commencement certificate from the relevant authority
- Sanctioned plan, layout plan and specifications of the proposed project
- Details of the escrow account (Bank Form No. 1)
- Declaration in Form B, supported by an affidavit, signed by the promoter or authorised person
- Names and addresses of real estate agents (if any) for the proposed project
- Proforma of the allotment letter, agreement for sale, and conveyance deed
For real estate agents
- Enterprise name, registered address and type of enterprise (society, partnership, company or proprietorship).
- Particulars of registration (e.g., COI for company, Partnership Deed for firms).
- Valid PAN card
- Valid address proof of the place of business
- Income Tax Returns for the three preceding financial years (or declaration if exempted).
- Photographs of the agent
For others
Co-promoters and landowners who are part of the project development agreement are required to furnish KYC documents, consent letters and relevant details as required. Legal heirs in case of inherited properties under development must furnish the required documents verifying their legal status.
What are the fees and other charges for RERA registration?
For Promoters
The registration fee for projects will vary depending on the project type:
- Residential project: In case of residential projects, the charges are Rs 10 per square meter of plot area for projects if the area of land proposed to be developed does not exceed 1,000 square meters. The charges are Rs 20 per square meter of plot area where the area of land proposed to be developed exceeds 1,000 square meters, up to a maximum of Rs 5 lakhs.
- Commercial project: Charges applicable for commercial projects are Rs 20 per square meter of plot area for projects if the area of land proposed to be developed does not exceed 1,000 square meters. The charges are Rs 25 per square meter of plot area if the area of land proposed to be developed exceeds 1,000 square meters, up to a maximum of Rs 7 lakhs.
For Agents
The registration fee for real estate agents will vary based on the agent type:
- Individuals must pay a fee of Rs 25,000
- Those in the ‘other than individuals’ category such as companies or firms must pay a fee of Rs 2.5 lakh
The registration on RERA portal is valid for five years. There is a fee applicable for renewal process.
Late registration penalty
In case of delay in registration or renewal, the authority levies a certain amount as a penalty.
Fees applicable for complaint filing
Homebuyers filing a complaint with Form M or Form N must pay a fee of Rs 1,000 on the RERA portal.
RERA and its role in home loans for buyers
At the time of sanctioning or disbursing home loans, many banks and lending institutions often ask buyers if the project they are investing in is registered with RERA. Banks access the RERA registration number and check for project details on the Kerala RERA portal to verify the credibility of developers, ensure relevant approvals are in place, and determine the expected completion date. These details are considered for the home loan processing to ensure minimum lending risk. If projects are RERA-approved projects, the chances of home loan approval are high.
How to file complaints with RERA Kerala portal?
- Property buyers who have any grievances against the developer or agent can file a complaint with the RERA or the adjudicating officer, as the case may be.
- To file a complaint, the buyer must log in to the K-RERA portal.
- On the dashboard, navigate to the ‘Add new complaints’ section
- Select the type of complaint you are filing
- Details of the complainant, project, brief description of the case, contact details, etc. should be clearly mentioned. In the next step, add respondent details. Save the data to proceed.
- Upload the supporting documents along with the complaint form. Document checklist includes:
- Agreement for sale
- Payment receipts
- Correspondence with the promoter/agent
- Photographs (if any)
- Other relevant documents, if any
- The relevant fee applicable, of Rs 1,000, should be paid online.
- Submit the form and save the reference number.
Redressal of complaints
K-RERA will address the complaints within 60 days from the date of filing. However, it may take longer for complex cases. Depending on the case, the authority may provide a resolution involving refunds, compensation for delays or misrepresentation and imposing of penalties on errant promoters or agents. In case the complainant is dissatisfied with the K-RERA order, they can file an appeal with the Kerala Real Estate Appellate Tribunal (K-REAT) within 60 days.
How to track compliant status?
- Complainants can also track the status of their complaint through the K-RERA portal by clicking on ‘List of complaints’ under Public Corner.
- The complainant can search using complaint number / project name
The K-RERA portal publishes hearing dates, interim orders and final orders passed by the Authority or Adjudicating Officer.
RERA Kerala: Contact details
Citizens can also approach the Kerala RERA at the following address and contact details:
Address: Kerala Real Estate Regulatory Authority (K-RERA) 6th Floor, Trinity Centre, TC No. 14/4354, Opp. Chaithanya Eye Hospital, Kesavadasapuram, Pattom P.O, Thiruvananthapuram – 695004, Kerala.
Phone: 0471-3501012, 0471-3501013
Mobile (Public Information Officer): 9497680600
Email: info.rera@kerala.gov.in
Working hours: 10 AM to 5 PM on weekdays
Housing.com News Viewpoint
In addition to facilitating the registration process for promoters and agents, the Kerala RERA portal offers a range of other features and facilities. These include guidelines for promoters and agents, judgments related to real estate, de-registered projects and agents, to name a few. This ensures homebuyers and other users of the portal have ready access to important information pertaining to RERA in the state, ensuring transparency and better accountability on the part of the agents and promoters.
FAQs
Is RERA registration mandatory for all projects in Kerala?
RERA registration is mandatory only in case a project has a land area of over 500 square meters, or the number of units (apartments/villas) is more than eight. Projects for renovation or repair that do not involve marketing, advertising, selling or new allotment of any apartment, plot or building are also exempt from RERA registration.
How to check a RERA registered project in Kerala?
To check RERA-registered projects, homebuyers must visit the RERA Kerala portal and click on ‘Registered projects’ link. sThey can verify the details using the registration number, promoter's name, or project name.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |