Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I am a potential buyer of an under-construction project in Chennai. The developer of the property in question had begun construction in 2016, prior to the implementation of RERA.

The project is not registered under RERA currently. However, the builder claims that RERA clauses will be included in the sale agreement and buyers will benefit from this.

I would like to clarify the following:

– Can RERA clauses be implemented for a non-RERA registered project?

– What is the scope of selling a property that’s not RERA registered?

Narender Kumar

Chennai

The project, as could be seen from your query, commenced in the year 2016 prior to implementation of RERA. However, any project with respect to which the completion certificate has not been obtained as on the date of coming into force of the RERA will still come under its purview and the promoter has to apply for registration of the project under the same. Failing to obtain registration of the project under RERA will attract relevant penal wprovisions under the Act.