1 REAL ESTATE REGULATORY AUTHORITY, PUNJAB GROUND FLOOR, PUNJAB MANDI BHAWAN, SECTOR 65, S.A.S.NAGAR- 160062 NOTIFICATION Dated: 22nd March 2018 No.RERA/REGULATIONS(G)2018/2075 In exercise of the powers conferred on it under Section 85 of the Real Estate (Regulations and Development) Act, 2016 and of all other powers enabling it in that behalf, the Real Estate Regulatory Authority, Punjab with the approval of the State Government, hereby makes the following Regulations : - Short Title, Object, Commencement and Extent:
1. (a) These regulations may be called the Punjab Real Estate Regulatory Authority (General) Regulations 2017.
(b) The object of these Regulations is to establish procedures regarding the general functioning of the Authority, for the conduct of business of the Authority, and for related matters.
(c) These Regulations shall come into force on the date of their notification in the Official Gazette.
(d) These Regulations shall apply in relation to all matters falling within the jurisdiction of the Authority in the State of Punjab, except those covered by other Regulations of the Authority.
Definitions
2. (1) In these Regulations, unless the context otherwise requires:-
(i) “Act” means the Real Estate (Regulation and Development) Act 2016 as amended from time to time;
(ii) “Adjudication” means the process of arriving at decisions on complaints 2 submitted to the Authority or the Adjudicating Officer under Section 31 of the Act ;
(iii) “Chairperson” means the Chairperson of the Authority;
(iv) “Authority” means the Real Estate Regulatory Authority, Punjab;
(v) “Consultant” includes any person not in the employment of the Authority who may be appointed as such to assist the Authority on any matter required to be dealt with by it under the Act and the rules and regulations made there under;
(vi) “Member” means a member of the Authority;
(vii) “Proceedings” means and include proceedings of all nature, except adjudication, that the Authority may conduct in the discharge of its functions under the Act and the rules and regulations;
(viii) “Secretary” means the Secretary of the Authority;
(ix) “Officer” means an Officer of the Authority;
(xi) “Regulations” mean the Punjab Real Estate Regulatory Authority (General) Regulations 2017 as amended from time to time.
(x) “Rules” mean the rules framed by Government of Punjab, under the Real Estate (Regulation and Development) Act 2016 and as amended from time to time.
(2) Words or expressions occurring in these Regulations and not defined herein but defined in the Act or the Rules shall bear the same meanings respectively assigned to them in the Act and the Rules.
Formats of Certificates of Architect, Engineer and Chartered Accountant:
3. The certificates to be issued by the project architect, project engineer, chartered accountant and submitted to the banks for getting release of money from the special account under Section 4 (2) (l) (D) of the Act shall be in Forms 1, 2, and 3 respectively. The certificate issued by the project architect on completion of each of the building/wing of the real estate project shall be in Form 4.
3 Additional Disclosures by Promoters on the Website and Project site:
4. In addition to all the details of the proposed Real Estate project, to be uploaded by the promoter on his webpage on the website of the Authority, as required under sub-section (1) of Section 11 of the Act and Rule 15 of the Punjab Real Estate (Regulation and Development ) Rules, 2017 the promoter shall additionally upload the annual report on statement of accounts, in Form 5 [issued in accordance with the third proviso to Section 4
(2) (l) (D) of the Act] duly certified and signed by the chartered accountant who is the statutory auditor of the promoter’s enterprise.
Explanation 1: The chartered accountant certifying the progress of the registered real estate project for the purpose of withdrawal of amounts from the separate account should be a different entity than the chartered accountant who is the statutory auditor of the promoter’s enterprise.
Explanation 2: If the Form 5 issued by the statutory auditor reveals that any certificate issued by the project architect, engineer or the chartered accountant has false or incorrect information and the amounts collected for a particular project have not been utilized for the project, or the withdrawal has not been in proportion to the percentage of completion of the project, the Authority, in addition to taking penal actions as contemplated in the Act , Rules and other applicable laws, shall also take up the matter with the concerned regulatory body of the said professionals of the architect, engineer or chartered accountant, for necessary action against them.
5. The sanctioned plans, layout plans, along with specifications, approved by the Competent Authority shall be prominently displayed, with dimensions of at least 3 feet X 2 feet, by the promoter at the project land site, and at all places from where sale or booking of any plot or apartment or building is carried out.
Authority's office, office hours and sittings:
6. The head office of the Authority shall be at Chandigarh/ Mohali.
7. The Authority shall follow the office timings and holidays as notified from time to time by the State Government for its offices in Chandigarh.
8. The Authority may conduct its proceedings at the head office or at any other place within 4 its jurisdiction on days and time as directed by the Chairperson.
Language of the Authority:
9. The business of the Authority shall be conducted in English, provided that the Authority shall allow any person to plead or represent his case in Punjabi. However the Authority shall endeavour to promote the use of Punjabi in its functioning.
Authentication of documents:
10. Any document requiring authentication by the Authority shall be issued under the seal of the Authority, and shall be signed by the Secretary or other Officer authorized by the Chairperson in this behalf.
Officers of the Authority:
11. (a) The Authority shall have the power to appoint the Secretary, Officers and other employees for discharging various duties. The qualifications, experience and terms and conditions of service and appointment of such Secretary, Officers and other employees shall be subject to such regulations as may be specified by the Authority.
(b) The Authority may appoint or engage Consultants to assist the Authority in the discharge of its functions.
12. (a) The Secretary shall be the Principal Executive Officer of the Authority and shall be responsible for ensuring due implementation of the decisions of the Chairperson and the Authority. The Authority, in the discharge of its functions under the Act, may take such assistance from the Secretary as it may deem fit.
(b) In particular, and without prejudice to the generality of the provisions of subregulations (a) and (b) above, the Secretary shall have the following powers and perform the following duties, viz:-
(i) He shall have custody of the records and the seal of the Authority.
(ii) He shall receive or cause to receive all documents, including, inter alia, applications or references pertaining to the Authority.
(iii) He shall scrutinize documents, including, inter alia, applications or 5 references and shall be entitled to seek clarifications or rectifications upon the same.
(iv) He shall carry out such functions under the Act or the Rules, as may be delegated to him by the Chairperson or the Authority, by general or special order.
(v) He shall assist the Authority in the proceedings relating to the powers exercisable by the Authority.
(vi) He shall provide notice for meeting, prepare the agenda for meetings and minute the proceedings of the Authority’s meetings.
(vii) He shall authenticate the orders passed by the Authority.
(viii) He shall, so far as it is possible, monitor compliance of the orders passed by the Authority and shall forthwith bring to the notice of the Authority any non-compliance thereof.
(ix) He shall have the right to collect from the State Government or other offices, companies and firms or any other party as may be directed by the Chairperson or the Authority, such information and record, report, documents, etc., as may be considered necessary for the purpose of efficient discharge of its functions under the Act and the Rules and place the same before the Authority.
13. In the absence of the Secretary, the Officer of the Authority designated by the Chairperson in this behalf, shall exercise the functions of the Secretary.
Meetings
14. This section shall be applicable to the meetings of the Authority, other than those held in connection with the adjudicatory proceedings of the Authority.
15. The quorum for the meetings of the Authority shall be two.
16. The Chairperson shall preside over the meetings and conduct the business. If the Chairperson is unable to be present in the meetings for any reason, or where there is no Chairperson, the senior most Member present shall preside at the meeting. Provided that any Member who, either himself or through immediate family, has a direct or indirect pecuniary or other interest in any matter coming up before the Authority shall not take part 6 in any deliberation or decision of the Authority relating to such matter.
Explanation: For the purpose of this Regulation, immediate family means spouse, child, parent or sibling regardless of whether they are dependent upon the member or not.
17. (a) All questions which come up before any meetings of the Authority shall be decided by a majority of votes of the Members present and voting. In the event of an equality of votes, the Chairperson or in his absence, the Member presiding shall have a second or casting vote.
(b) Save as otherwise provided in these Regulations, every Member shall have one vote.
18. (a) The Secretary or in his absence an Officer of the Authority designated by the Chairperson, shall record the minutes of the meetings and maintain a register which will, amongst other things, contain the names and designation of Members and invitees present in the meeting, a record of proceedings and notes of dissent, if any.
(b) The decision taken in a meeting of the Authority shall be recorded in the minutes in a clear and concise manner, along with reasons. In case the minutes record any statement/submission made by an invitee, a copy of the minutes shall be sent to such invitee.
(c) The minutes shall be approved by the Chairperson, or the Member presiding over a meeting; and the original copy pasted in a register exclusively maintained for this purpose.
(d) The minutes of the previous meeting shall be confirmed at the next meeting of the Authority.
Constitution of Committees:
19. (a) The Authority may from time appoint such Committees or sub-Committees comprising of such Members, officers, employees, or outside experts as it may deem fit to advise it on such matters as may be specified and subject to the such directions that the Authority may give.
(b) Every outside expert invited to attend a meeting of the Authority, or any of its Committees etc., will be entitled to the payment of sitting fees as may be determined by the Authority from time to time.
Vacancies, etc., not to invalidate proceedings:
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20. No act or proceedings of the Authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Authority.
Authorized Representative:
21. A person who is a party to any proceedings before the Authority may either appear in person or authorise any other person to present his case before the Authority and to do all or any of the acts for the purpose.
Provided that the person appearing on behalf of any person in any proceeding before the Authority shall file a Memorandum of Authorisation, in Form 6 herein.
Orders of the Authority:
22. The Chairperson/Member(s) hearing a proceeding shall pass orders in such proceedings, and such orders shall be signed by the Chairperson/Members of the Authority hearing such proceeding. Every order made by the Authority shall be a reasoned order.
23. All orders and decisions issued by the Authority shall be certified by the signature of the Secretary or an Officer empowered in this behalf by the Chairperson and shall bear the official seal of the Authority and be communicated as expeditiously as possible to all parties in the proceeding.
Authority’s records – documentation, inspection, confidentiality and accessibility:
24. (a) Subject to sub-regulation (c) herein, records of the Authority shall be open to inspection by all, subject to the payment of the fee and complying with the terms as it may direct.
(b) The Authority shall, on such terms and conditions as it considers appropriate, provide for supply of certified copies of documents and papers available with the Authority to any person, applying in Form 7, subject to the payment of fee and complying with the terms as it may direct. The Authority shall designate an Officer for ensuring timely response to requests received for supply of certified copies of documents who shall endeavour to dispatch the certified copies of documents requested for within a period of fourteen (14) working days from the date of receipt 8 of request.
(c) The Authority may, by order, direct that any information, documents and papers / materials maintained by the Authority, shall be confidential or privileged and shall not be available for inspection or supply of certified copies, and the Authority may also direct that such document, papers, or materials shall not be used in any manner except as specifically authorised by the Authority.
25. The Authority shall endeavour to make information involving public interest accessible and available to the public, including, inter alia, through its website.
Interim Orders, investigation, inquiry, collection of information, etc:
26. The Authority may pass such ad-interim or interim orders, as the Authority may consider appropriate at any stage of any proceedings, having regard to the facts and circumstances of the case.
27. The Authority may make such direction or order as it thinks fit for collection of information, inquiry, investigation, entry, search, seizure and, without prejudice to the generality of its powers, including, inter alia, the following :-
(a) The Authority may, at any time, direct the Secretary or any one or more Officers or any other person as the Authority considers appropriate to study, investigate or furnish information with respect to any matter within the jurisdiction of the Authority under the Act and the Rules.
(b) The Authority may, for the above purpose, give such other directions as it may deem fit and state the time within which the report is to be submitted or information furnished.
(c) The Authority may issue or authorise the Secretary or an Officer to issue directions to any person to produce before it, and allow to be examined and kept by an Officer of the Authority directed in this behalf, the books, accounts, etc., or to furnish any information to the designated Officer.
(d) The Authority may issue such directions, for the purpose of collection of any information, particulars or documents that the Authority considers necessary in connection with the discharge of its functions under the Act and the Rules.
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(e) If any such report or information obtained appears to the Authority to be insufficient or inadequate, the Authority or the Secretary or an Officer authorised for the purpose may give directions for further inquiry, report and furnishing of information.
(f) The Authority may direct such incidental, consequential and supplemental matters to be attended to which may be considered relevant in connection with the above.
28. If the report or information obtained in accordance with Regulation 27 above or any part thereof is proposed to be relied upon by the Authority for forming its opinion or view in any proceedings, the parties to the proceedings shall be given a reasonable opportunity for filing objections and making submissions on such report or information.
Confidentiality:
29. (a) The Authority shall appraise and determine whether any document or evidence provided to it by any party and claimed by that party to be of a confidential nature merits being withheld from disclosure to other parties as being confidential and shall provide brief reasons in writing for arriving at its conclusion.
(b) If the Authority is of the view that the claim for confidentiality is justified the Authority may direct that the same be not provided to such parties as the Authority may deem fit. However, the party claiming the confidentiality shall provide a brief non-confidential summary of the substance of the documents found to be confidential and the import of the same.
(c) Notwithstanding the above, it shall be open to the Authority to take into consideration the contents of the documents found to be confidential in arriving at its decision.
Issue of orders and directions:
30. Subject to the provisions of the Act, Rules and Regulations, the Authority may, from time to time issue orders and directions in regard to the implementation of the Regulations and procedure to be followed.
Costs:
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31. (a) Subject to such condition and limitation as may be directed by the Authority, the costs of and incidental to, all proceedings shall be awarded at the discretion of the Authority and the Authority shall have full power to determine by whom or out of what funds and to what extent such costs are to be paid and give all necessary directions for the aforesaid purposes.
(b) The costs shall be paid within thirty (30) days from the date of the order or within such time as the Authority may, by order, direct. If a party fails to comply with an order for costs within the permitted period, the order of the Authority awarding costs shall be executed forthwith in the same manner as a decree/order of a Civil Court.
Administrative Charges and Standard Fees:
32. The administrative charges to be retained by the Authority in cases of withdrawal of application for registration of any Real Estate Project will be 10% of the fee paid subject to a maximum of Rupees five thousand only. The remaining amount of registration fees shall be refunded to the promoter within 15 days through RTGS or NEFT system or any other digital transaction mode.
33. The Authority may, by order, fix standard fees, including annual fees, to be levied on the promoters or real estate agents or allottees for inspection of documents, certified copies of documents, the updating of website, database management and maintenance of the website.
Saving of inherent power of the Authority:
34. Nothing in the Regulations shall be deemed to limit or otherwise affect the inherent power of the Authority to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Authority.
35. Nothing in these Regulations shall bar the Authority from adopting in conformity with the provisions of the Act or Rules, a procedure, which is at variance with any of the provisions of these Regulations including summary procedures, if the Authority, in view of the special circumstance of a matter or class of matters and for reasons to 11 be recorded in writing, deems it necessary or expedient for so dealing with such a matter or class of matters.
36. If any dispute arises as to the interpretation of these Regulations, the decision of the Authority shall be final and binding on all parties.
37. Nothing in the Regulations shall bar the Authority to deal with any matter or exercise any power under the Act or Rules for which no regulations have been framed, and the Authority may deal with such matters, powers and functions in a manner it thinks fit.
General power to amend/rectify:
38. The Authority may, at any time and on such terms as to costs or otherwise, as it may think fit, amend any defect or error in any proceedings before it (including any clerical or arithmetical error in any order passed by the Authority), and all necessary amendments, rectifications shall be made for the purpose of determining the real question or issue arising in the proceedings.
Provided that if the Authority desires to make amendments or rectifications in order to determine the real question or issue arising the Authority shall provide an opportunity to the parties affected by such amendment or rectification touching the real question or issue to make representations and submissions with respect to the proposed amendment or rectification.
Power to remove difficulties:
39. If any difficulty arises in giving effect to any of the provisions of the Regulations, the Authority may, by general or special order, do anything not being inconsistent with the provisions of the Act or Rules, which appears to be necessary or expedient for the purpose of removing the difficulties.
12 Extension or abridgement of time prescribed:
40. Subject to the provisions of the Act or the Rules, the time prescribed by the Regulations or by order of the Authority for doing any act may be extended (whether it has already expired or not) or abridged for sufficient reason by an order of the Authority.
Effect of non-compliance:
41. Failure to comply with any requirement of the Regulations shall not invalidate any proceeding merely by reason of such failure unless the Authority is of the view that such failure has resulted in miscarriage of justice.
xxx 13 FORM 1 [see Regulation 3] ARCHITECT'S CERTIFICATE (To be submitted at the time of Registration of Ongoing Project and for withdrawal of Money from Designated Account) Date :
To The (Name & Address of Promoter), Subject : Certificate of Percentage of Completion of Construction Work of ___________ No. of Building(s)/______ Wing(s) of the ______ Phase of the Project [Real Estate Regulatory Authority, Punjab Registration Number] situated on the Plot bearing khasra no./ Final Plot no _________ demarcated by its boundaries ( latitude and longitude of the end points) to the North_ to the South __to the East _ to the West, of village _____________ T e h s i l ________________ District ___________ and measuring ________sq.mts being developed by [Promoter’s Name] Sir, I/ We have undertaken assignment as Architect /Licensed Surveyor of certifying Percentage of Completion of Construction Work of the __________ Building(s)/ Wing(s) of the Phase of the Project, situated on the plot bearing khasra no./ Final Plot no of village Tehsil District _ 14 PIN and measuring sq.mts. area being developed by [Promoter’s Name] Following technical professionals are appointed by Owner / Promoter :- M/s/Shri/Smt as L.S. / Architect ;
M/s /Shri / Smt as Structural Consultant M/s /Shri / Smt as MEP Consultant M/s /Shri / Smt as Site Supervisor Based on Site Inspection, with respect to each of the Building/Wing of the aforesaid Real Estate Project , I certify that as on the date of this certificate, the Percentage of Work done for each of the building/Wing of the Real Estate Project as registered vide number under Real Estate Regulatory Authority, Punjab is as per table A herein below.
The percentage of the work executed with respect to each of the activity of the entire phase is detailed in Table B.
15 Table A Building /Wing Number (to be prepared separately for each Building /Wing of the Project) Sr. No Tasks /Activity Percentage of work done 1 Excavation 2 number of Basement(s) and Plinth 3 number of Podiums 4 Stilt Floor 5 number of Slabs of Super Structure 6 Internal walls, Internal Plaster, Floorings within Flats/Premises, Doors and Windows to each of the Flat/Premises 7 Sanitary Fittings within the Flat/Premises, Electrical Fittings within the Flat/Premises 8 Staircases, Lifts Wells and Lobbies at each Floor level connecting Staircases and Lifts, Overhead and Underground Water Tanks 9 The external plumbing and external plaster, elevation, completion of terraces with waterproofing of the Building/Wing, 10 Installation of lifts, water pumps, Fire Fighting Fittings and Equipment as per CFO NOC, Electrical fittings to Common Areas, electro, mechanical equipment, Compliance to conditions of environment NOC, Finishing to entrance lobby/s, plinth protection, paving of areas appurtenant to Building/Wing, Compound Wall and all other requirements as may be required to Obtain Occupation / Completion Certificate 16 TABLE-B Internal & External Development Works in Respect of the entire Registered Phase S.No Common areas and Facilities, Amenities Proposed (Yes/No) Percentage of Work done Details
1. Internal Roads & Foothpaths
2. Water Supply
3. Sewarage (chamber, lines, Septic Tank , STP)
4. Storm Water Drains
5. Landscaping & Tree Planting
6. Street Lighting
7. Community Buildings
8. Treatment and disposal of sewage and sullage water
9. Solid Waste management & Disposal
10. Water conservation, Rain water harvesting
11. Energy management
12. Fire protection and fire safety requirements
13. Electrical meter room, sub-station, receiving station
14. Others ( Option to Add more) Yours Faithfully Signature & Name (IN BLOCK LETTERS) of L.S/ Architect (License NO………….)
17 FORM-2 [see Regulation 3] ENGINEER'S CERTIFICATE (To be submitted at the time of Registration of Ongoing Project and for withdrawal of Money from Designated Account- Project wise) Date:
To The (Name & Address of Promoter), Subject : Certificate of Percentage of Completion of Construction Work of ___________ No. of Building(s)/______ Wing(s) of the ______ Phase of the Project [Real Estate Regulatory Authority, Punjab Registration Number] situated on the Plot bearing khasra no./ Final Plot no _________ demarcated by its boundaries ( latitude and longitude of the end points) to the North_ to the South __to the East _ to the West, of village _____________ T e h s i l ________________ District ___________ and measuring ________sq.mts being developed by [Promoter’s Name] Ref: Real Estate Regulatory Authority, Punjab Registration Number _____________________ Sir, I/ We have undertaken assignment of certifying Estimated Cost for the Subject Real Estate Project proposed to be registered under Real Estate Regulatory Authority, Punjab, being Building(s)/ / Wing(s) of the Phase of the Project, situated on the plot bearing khasra no./ Final Plot no of village Tehsil District _ 18 PIN and measuring sq.mts. area being developed by [Promoter’s Name]
1. Following technical professionals are appointed by Owner / Promoter :-
(i) M/s/Shri/Smt as L.S. / Architect ;
(ii) M/s /Shri / Smt as Structural Consultant
(iii) M/s /Shri / Smt as MEP Consultant
(iv) M/s /Shri / Smt as Quantity Surveyor *
2. We have estimated the cost of the completion to obtain Occupation Certificate/ Completion Certificate, of the Civil, MEP and Allied works, of the Building(s) of the project. Our estimated cost calculations are based on the Drawings/plans made available to us for the project under reference by the Developer and Consultants and the Schedule of items and quantity for the entire work as calculated by quantity Surveyor* appointed by Developer/Engineer, and the assumption of the cost of material, labour and other inputs made by developer, and the site inspection carried out by us.
3. We estimate Total Estimated Cost of completion of the building(s) of the aforesaid project under reference as Rs_ ( Total of Table A and B). The estimated Total Cost of project is with reference to the Civil, MEP and allied works required to be completed for the purpose of obtaining occupation certificate / completion certificate for the building(s) from the being the Planning Authority under whose jurisdiction the aforesaid project is being implemented.
4. The Estimated Cost Incurred till date is calculated at Rs. (Total of Table A and B)_. The amount of Estimated Cost Incurred is calculated on the base of amount of Total Estimated Cost.
5. The Balance cost of Completion of the Civil, MEP and Allied works of the Building(s) of the subject project to obtain Occupation Certificate / Completion Certificate from (planning Authority) is estimated at Rs ( Total of Table A and B).
6. I certify that the Cost of the Civil, MEP and allied work for the aforesaid Project as completed on the date of this certificate is as given in Table A and B below :
19 TABLE A Building /Wing bearing Number or called (to be prepared separately for each Building /Wing of the Real Estate Project) Sr. No Particulars Amounts 1 Total Estimated cost of the building/wing as on date of Registration is Rs. /- 2 Cost incurred as on (based on the Estimated cost ) Rs. /- 3 Work done in Percentage (as Percentage of the estimated cost ) % 4 Balance Cost to be Incurred (Based on Estimated Cost) Rs. /- 5 Cost Incurred on Additional /Extra Items as on not included in the Estimated Cost (Annexure A) Rs. /- 20 TABLE B (to be prepared for the entire registered phase of the Real Estate Project) Sr. No Particulars Amounts 1 Total Estimated cost of the Internal and External Rs. /- Development Works including amenities and Facilities in the layout as on date of Registration is 2 Cost incurred as on Rs. /- (based on the Estimated cost ) 3 Work done in Percentage % (as Percentage of the estimated cost ) 4 Balance Cost to be Incurred Rs. /- (Based on Estimated Cost) 5 Cost Incurred on Additional /Extra Items Rs. /- as on not included in the Estimated Cost (Annexure A) Yours Faithfully Signature of Engineer (Licence No………….)
* Note
1. The scope of work is to complete entire Real Estate Project as per drawings approved from time to time so as to obtain Occupation Certificate /Completion Certificate.
2. (*) Quantity survey can be done by office of Engineer or can be done by an independent Quantity Surveyor, whose certificate of quantity calculated can be relied upon by the Engineer. In case of independent quantity surveyor being appointed by Developer, the name has to be mentioned at the place marked (*) and in case quantity are being calculated by office of Engineer, the name of the person in the office of Engineer, who is responsible for the quantity calculated should be mentioned at the place marked (*).
3. The estimated cost includes all labour, material, equipment and machinery required to carry out entire work.
4. As this is an estimated cost, any deviation in quantity required for development of the Real estate Project will result in amendment of the cost incurred/to be incurred.
5. All components of work with specifications are indicative and not exhaustive.
21 Annexure A List of Extra / Additional Items executed with Cost (which were not part of the original Estimate of Total Cost) FORM-3 [see Regulation 3] CHARTERED ACCOUNTANT'S CERTIFICATE( On Letter Head) (FOR REGISTRATION OF A PROJECT AND SUBSEQUENT WITHDRAWAL OF MONEY) Cost of Real Estate Project Real Estate Regulatory Authority, Punjab Registration Number_______________ Sr.
No.
Particulars Amount (Rs.)
Estimated. Incurred
1. i. Land Cost :
a. Acquisition Cost of Land lease Premium, lease rent, interest cost incurred or payable on Land Cost and legal cost b. Amount of Premium payable to obtain CLU, FAR additional FAR and any other incentive from Local Authority or State Government or any Statutory Authority c. Amounts payable to State Government or competent authority or any other statutory authority of the State or Central Government, towards stamp duty, transfer charges, registration fees etc; and 22 ii. Development Cost/ Cost of Construction :
a. (i) Estimated Cost of Construction as certified by Engineer
(ii) Actual Cost of construction incurred as per the books of accounts as verified by the CA Note :( for adding to total cost of construction incurred, Minimum of (i) or
(ii) is to be considered)
(iii) On-site expenditure for development of entire project excluding cost of construction as per (i) or (ii) above, i.e. salaries, consultants fees, site overheads, development works, cost of services (including water, electricity, sewerage, drainage, layout roads etc.), cost of machineries and equipment including its hire and maintenance costs, consumables etc.
All costs directly incurred to complete the construction of the entire phase of the project registered.
b. Payment of Taxes, cess, fees, charges, Sr.
No .
Particulars Amount (Rs.)
premiums, interest etc to any statutory Authority.
c. Principal sum and interest payable to financial institutions, scheduled banks, nonbanking financial institution (NBFC) or money lenders on construction funding or money borrowed for construction ;
Sub-Total of Development Cost Total Estimated Cost of the Real Estate Project [1(i) + 1(ii)] of Estimated Column
3.
Total Cost Incurred of the Real Estate Project [1(i) + 1(ii)] of Incurred Column
4. % completion of Construction Work (as per Project Architect’s Certificate) % 23
5.
6.
7.
8.
Proportion of the Cost incurred on Land Cost and Construction Cost to the Total Estimated Cost. ( 3/2 %) Amount Which can be withdrawn from the Designated Account Total Estimated Cost * Proportion of cost incurred ( Sr. number 2 * Sr. number 5) Less: Amount withdrawn till date of this certificate as per the Books of Accounts and Bank Statement Net Amount which can be withdrawn from the % Sr.
No.
Particulars Amount (Rs.)
Designated Bank Account under this certificate This certificate is being issued for RERA compliance for the Company[Promoter’s Name] and is based on the records and documents produced before me and explanations provided to me by the management of the Company.
Yours Faithfully Signature of Chartered Accountant (Membership Number………….)
Name (ADDITIONAL INFORMATION FOR ONGOING PROJECTS) 24
1. Estimated Balance Cost to Complete the Real Estate Project (Difference of Total Estimated Project cost less Cost incurred ) (calculated as per the Form IV )
2. Balance amount of receivables from sold apartments as per Annexure A to this certificate (as certified by Chartered Accountant as verified from the records and books of Accounts)
3. (i) Balance Unsold area (to be certified by Management and to be verified by CA from the records and books of accounts)
(ii) Estimated amount of sales proceeds in respect of unsold apartments (calculated as per ASR multiplied to unsold area as on the date of certificate, to be calculated and certified by CA) as per Annexure A to this certificate
4. Estimated receivables of ongoing project. Sum of 2 + 3(ii)
5.
Amount to be deposited in Designated Account – 70% or 100% IF 4 is greater than 1, then 70 % of the balance receivables of ongoing project will be deposited in designated Account IF 4 is lesser than 1, then 100% of the of the balance receivables of ongoing project will be deposited in designated Account % This certificate is being issued for RERA compliance for the Company [Promoter’s Name] and is based on the records and documents produced before me and explanations provided 25 to me by the management of the Company.
Yours Faithfully Signature of Chartered Accountant (Membership Number………….)
Annexure A Name Statement for calculation of Receivables from the Sales of the Ongoing Real Estate Project Sold Inventory Sr. No. Flat No. Carpet Area (in sq.mts.)
Unit Consideration as per Agreement /Letter of Allotment Received Amount Balance Receivable (Unsold Inventory Valuation) Ready Recknor Rate as on the date of Certificate of the Residential /commercial premises Rs _________ per sm.
26 Sr. No. Flat No. Carpet Area (in sq.mts.)
Unit Consideration as per Read Reckoner Rate(ASR) 27 FORM-4 [see Regulation 3] ARCHITECT'S CERTIFICATE (To be issued on completion of each of the Building/Wing) Date:
To The (Name & Address of Promoter), Subject: Certificate of Completion of Construction Work of _______Building/________Wing of the Building of the project [Real Estate Regulatory Authority, Punjab Registration Number] situated on the Plot bearing C.N. No/CTS No./Survey no./ Final Plot no __________ demarcated by its boundaries ( latitude and longitude of the end points) to the North to the South to the East to the West of Division __________ village _____________ taluka ____________ District _________PIN _______ admeasuring ______sq.mts. area being developed by Promoter’sName]_________________ Sir, I/ We have undertaken assignment as Architect /Licensed Surveyor of certifying Completion of Construction Work of Building/ Wing of the Building situated on the plot bearing khasra no./ Final Plot no of Division village taluka District and measuring sq.mts. area being developed by [Promoter’s Name]
2. Following technical professionals are appointed by Owner / Promoter :-
(i) M/s/Shri/Smt as L.S. / Architect ;
(ii) M/s /Shri / Smt as Structural Consultant
(iii) M/s /Shri / Smt as MEP Consultant
(iv) M/s /Shri / Smt as Site Supervisor.
3. Based on Completion Certificate received from Structural Engineer and Site Supervisor;
and to the best of my/our knowledge I/We hereby certify that Building/ Wing of the Building has been completed in all aspects and is 28 fit for occupancy for which it has been erected / re-erected / constructed and enlarged. The Building/ Wing of the Building is granted Occupancy Certificate/Completion Certificate bearing number dated by (Local Planning Authority) Yours Faithfully Signature & Name (IN BLOCK LETTERS)of L.S/ Architect with (Licence No………….)
29 FORM 5[see Regulation 4] ON THE LETTER HEAD OF CHARTERED ACCOUNTANT (WHO IS STATUTORY AUDITOR OF THE PROMOTER’S COMPANY/FIRM) ANNUAL REPORT ON STATEMENT OF ACCOUNTS To [NAME & ADDRESS OF PROMOTER] SUBJECT: Report on Statement of Accounts on project fund utilization and withdrawal by [Promoter] for the period from to with respect to Real Estate Regulatory Authority, Punjab Regn. Number ------
1. This certificate is issued in accordance with the provisions of the Real Estate (Regulation and Development) Act, 2016 read along with the Punjab Real Estate (Regulation and Development) Rules, 2017.
2. I/We have obtained all necessary information and explanation from the Company, during the course of our audit, which in my/our opinion are necessary for the purpose of this certificate.
3. I/We hereby confirm that I/We have examined the prescribed registers, books and documents, and the relevant records of [Promoter] for the period ended and hereby certify that:
i. M/S. (Promoter) have completed % of the project titled (Name)bearing Real Estate Regulatory Authority, Punjab Regn.No. located at ii. Amount collected during the year for this project is Rs.
and amounts collected till date is Rs.
iii. Amount withdrawn during the year for this project is Rs. and amount withdrawn till date is Rs.
4. I/We certify that the [Name of Promoter] has utilized the amounts collected forproject only for that project and the withdrawal from the designated bank account(s) of the said project has been in accordance with the proportion to the percentage of completion of the project.
(If not, please specify the amount withdrawn in excess of eligible amount or any other exceptions) (Signature and Stamp/Seal of the Signatory CA) Name of the Signatory:
Place: Full Address:
Date: Membership No.:
Contact No. : E mail:
30 Form 6 [see Regulation 21] BEFORE THE PUNJAB REAL ESTATE REGULATORY AUTHORITY Complaint No. / In the matter of ............................................................... Petitioner V/s ............................................................... Respondent(s) Memo of Authorisation I/We, ........... the petitioner/respondent above named do hereby nominate, appoint and constitute ..........................., to act, plead and appear on my/our behalf in the aforesaid matter.
IN WITNESS WHEREOF I/We have set and subscribed my/our hands to this writing on this ……… day of ……...
Place :
[Petitioner/Responden t] Date :
Signature Address for Correspondence I/We accept …………………… 31 Form 7 [See Regulation 24] BEFORE THE REAL ESTATE REGULATORY AUTHORITY, PUNJAB Application for inspection / obtaining copies of documents/records I hereby apply for grant of permission to inspect / obtain copies of the following documents / records in the above case. The details are as follows:
1. Name & Address of the person seeking permission to inspect / obtain copies of the documents / records.
2. Whether he is party to the case or he is the authorised representative of any party. [Furnish necessary particulars]
3. Details of papers/documents sought to be inspected / copies required
4. Date and duration of the inspection sought
5. The amount of fee payable (as per relevant Regulations) and the mode of payment Place:
Date : Signature Office Use Granted inspection on / Rejected Granted copies of documents on / Rejected Secretary / Officer/ Nominee of the Authority --------------------------------------------------------------------------------------------------------------- REAL ESTATE REGULATORY AUTHORITY, PUNJAB