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EXEMPTIONS UNDER RERA


 

What projects can be exempted under RERA?

Under the Real Estate (Regulation and Development) Act (RERA), certain types of real estate projects may be exempted from its purview. The specific exemptions can vary between states, as each state has the authority to make some variations and provide exemptions based on their respective laws and regulations. However, here are some common categories of projects that may be exempted:

1.    Projects with a Small Number of Units: In many states, projects that have a limited number of units, typically less than a specified threshold, may be exempted from RERA compliance. The rationale behind this exemption is to exclude smaller projects that may not have significant commercial implications or pose significant risks to buyers.

2.    Projects Completed Before RERA Implementation: Real estate projects that were completed and received the completion certificate before the implementation of RERA may be exempted. RERA primarily focuses on projects launched after the law came into effect to ensure that ongoing and future projects comply with the regulatory framework.

3.    Renovation or Repair Works: RERA exemptions may apply to projects that involve only renovation, repair, or redevelopment of existing properties without altering the structure or affecting the number of units substantially. The exemption aims to facilitate routine maintenance and improvement works on existing properties.

4.    Government Projects: Certain projects developed by government authorities or entities may be exempted from RERA compliance. However, the specific criteria for exemption and the extent of government projects covered under the exemption can vary between states.

5.    Industrial, Commercial, and Institutional Projects: RERA regulations generally focus on residential real estate projects. Therefore, projects solely dedicated to industrial, commercial, or institutional purposes may be exempted from RERA compliance.

6.    Projects Undertaken by Co-operative Societies: In some states, real estate projects undertaken by co-operative societies for their members may be exempted from RERA, as the members themselves are considered the owners and beneficiaries of such projects.

It is important to note that even if a project falls under an exemption category, other laws and regulations governing real estate and consumer protection may still apply. Additionally, the exact exemptions and conditions can vary between different states. It is advisable to refer to the RERA rules and regulations of the specific state to obtain accurate and detailed information regarding project exemptions

 ADV LEENA KAULGEKAR

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