March 28, 2024: The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has directed the promoters to ensure that they have legal title over the land on which their projects are situated, according to an ET realty report. In case the project land is in the ownership of another person or entity instead of the ownership of the promoter, the promoter should get the consent of such landowner for the development of the proposed project and should have a registered joint development agreement to this effect with the landowner.
Further, the regulatory authority has directed the promoters to file an affidavit to the effect that the project land is free from encumbrances and to disclose the same if there is any encumbrance on the land of the project.
As cited in the report, Sanjay Bhoosreddy, chairman, UP RERA said that the provisions of RERA are very clear that the promoter must obtain the Completion Certificate/ Occupancy Certificate of the project and transfer the title of the unit to the allottee by way of a registered sale deed or sub-lease deed, as the case may be.
The move aims to ensure transparency and safeguard the interests of buyers. In the absence of the title over the project land or the consent of the landowner and a registered joint development agreement (JDA) with him, it is not legally possible for the promoter to convey the title to the allottees along with their proportionate shares in the project land.
Further, it will pose a challenge before the UP RERA in deciding the application for registration of the project if the promoter does not have the legal title over the land or alternatively, he does not have the written consent of the landowner and a registered JDA with such landowner, the report said.
In a recent guideline issued by UP RERA, promoters were directed to register the projects with the same name as recorded on the map, approved by the local authorities, and registered with RERA.
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Harini is a content management professional with over 12 years of experience. She has contributed articles for various domains, including real estate, finance, health and travel insurance and e-governance. She has in-depth experience in writing well-researched articles on property trends, infrastructure, taxation, real estate projects and related topics. A Bachelor of Science with Honours in Physics, Harini prefers reading motivational books and keeping abreast of the latest developments in the real estate sector.
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