The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has made it mandatory for promoters to prove their title on the project land while registering their projects with the authority.
The authority noted that if someone other than the promoter has title over the land where the project is proposed then the promoter must have the written consent of such person for the development of the project and register a joint development agreement (JDA) with the land owner.
According to RERA officials, these orders became necessary because in the absence of the title over a project land or the consent of the land owner and a registered 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.
They said that the lack of title of the promoter over the project land or the absence of the consent of the land owner with registered JDA also creates hurdles in deciding the registration application of the project.
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“UPRERA has issued clear orders on March 16, 2024, directing the promoters to ensure that they have legal title over the land on which they are applying for registration of the project. In case, the project land is not in the ownership of the promoter but of some other person or persons, the promoter must have the consent of such land owner for the development of the proposed project and must have a registered joint development agreement to this effect with the land owner,” the Authority noted.
The Authority has also 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.
Sanjay Bhoosreddy, Chairman of UPRERA, said that the provisions of RERA are very clear that the promoter shall obtain the completion and occupancy certificates of the project and transfer the title of the unit to the allottee by way of a registered sale deed or sub-lease deed.
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“Only a person having title over the land or property has the right to legally transfer such land or property to a buyer. So, RERA had to issue these directions in order to ensure the protection of the rights of the consumers and to facilitate the conveyance deed in their favour without any legal impediments,” he said.
Bhoosreddy said that it also posed problems before UPRERA in deciding the application for registration of the project if the promoter did not have the legal title over the land or alternatively he did not have the written consent of the land owner and a registered joint development agreement with such land owner.
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