Jasvinder 14 April 2025

Sec 8 of rera act

I want to know can rera authority invoked section 8 of rera act if project is not registered under rera though it's contain more than eight housing unit and more than 500 meters area.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 15 April 2025

RERA cannot revoke Section 8 of the Act for the unregistered construction of eight flats. Section 8 of the RERA Act deals with the obligations of the authority consequent upon the lapse or revocation of registration, not the initial registration requirement. The unregistered construction of eight flats would likely fall under the initial exemption criteria outlined in the Act,

Dr. J C Vashista (Advocate ) 15 April 2025

Provisions of Section 8 of RERA do not apply to unregistered projects/ developer, which reads as:

Section 8 in Real Estate (Regulation And Development) Act, 2016

8. Obligation of Authority consequent upon lapse of or on revocation of registration

Upon lapse of the registration or on revocation of the registration under this Act, the Authority, may consult the appropriate Government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the Authority:

Provided that no direction, decision or order of the Authority under this section shall take effect until the expiry of the period of appeal provided under the provisions of this Act:

Provided further that in case of revocation of registration of a project under this Act, the association of allottees shall have the first right of refusal for carrying out of the remaining development works.