Question 1

Who provides experienced RERA consulting in Gujarat for promoters and real estate developers?

Accepted Answer

S S Bhansali & Co LLP — now merged with B N P S and Associates LLP — has consulted on 300+ real estate projects with a cumulative project value of ₹23,418 crores and 319 lakh sq.ft of carpet area across GUJRERA jurisdictions. Our Ahmedabad-based RERA practice supports promoters, allottees and real estate agents across registration, quarterly compliance, Form 5 RERA audit, project alterations and Appellate Tribunal representation.

Question 2

What is GUJRERA and which projects must be registered under the Gujarat Real Estate Regulatory Authority?

Accepted Answer

GUJRERA is the Gujarat Real Estate Regulatory Authority constituted under the Real Estate (Regulation and Development) Act, 2016. Every real estate project with a plot area exceeding 500 sq.m. or more than 8 apartments (inclusive of all phases) must be registered with GUJRERA before any advertisement, marketing, booking, sale or invitation to purchase is undertaken by the promoter.

Question 3

What are the compliance penalties under GUJRERA for promoters?

Accepted Answer

Non-registration of a project attracts a penalty of up to 10% of the estimated project cost under Section 59. Continued default may extend to imprisonment for up to three years, an additional 10% penalty, or both. False information or contravention of other RERA provisions can attract penalties of up to 5% of the project cost. Quarterly non-disclosure on the GUJRERA portal triggers a daily fine and may suspend the registration.

Question 4

How are RERA Form 1, Form 2 and Form 3 certifications issued and who can sign them?

Accepted Answer

Form 1 is the Architect's Certificate confirming percentage of physical completion. Form 2 is the Engineer's Certificate certifying actual cost incurred and cost to complete. Form 3 is the Chartered Accountant's Certificate, issued only by a practising CA, certifying that amounts withdrawn from the designated 70% project account are in proportion to the percentage of completion and that the project accounts have been audited within six months of every financial year end, as mandated under Section 4(2)(l)(D) of the RERA Act.

Question 5

How can a promoter apply for a project name change, plan alteration or extension under Gujarat RERA?

Accepted Answer

Project alterations require prior written consent of two-thirds of allottees under Section 14, supported by a board resolution, revised sanctioned plans, fresh Form 1 and Form 2, and a CA-certified cost revision. Name change and extension applications are filed through the promoter login on the GUJRERA portal along with the prescribed fees, allottee consent affidavits, and reasoning evidencing force majeure or genuine cause. Our team manages end-to-end drafting, valuation and representation before the Authority.

Question 6

How is allottee dispute redressal handled under the RERA Act in Gujarat?

Accepted Answer

Allottees may file a complaint under Section 31 before the Adjudicating Officer or the Authority through the GUJRERA online complaint module on payment of the prescribed fee. Orders are typically passed within 60 days. Aggrieved parties may file an appeal before the Gujarat Real Estate Appellate Tribunal within 60 days under Section 44. Our litigation team represents promoters and allottees across complaints, refunds with interest, possession delays and execution proceedings.

Question 7

What does the 70% RERA escrow account compliance require for a Gujarat real estate project?

Accepted Answer

Section 4(2)(l)(D) mandates that 70% of the amounts realised from allottees be deposited in a separate designated bank account to cover land and construction cost. Withdrawals must be in proportion to the percentage of project completion, certified jointly by the engineer, architect and a practising Chartered Accountant. Annual statutory audit of the project accounts is mandatory and must be filed on the GUJRERA portal.

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