Uttar Pradesh Real Estate Regulatory Authority issued an amendment to the Uttar Pradesh Real Estate Regulatory Authority (General) Regulations, 2019. The notification states that amendment to regulation 38 inserted vide the 6th amendment is deleted, and amendments are made to regulations 24 and 47.

1. Deletion of Amendment to Regulation 38 (vide 6th Amendment)

          Amendment to Regulation 38 inserted vide the 6th Amendment is deleted

2. Insertion of Paras (e), (f), and (g) to Regulation 24 — Adjudication Proceedings:

24(e)- ‘The complaints by the allottees of the un-registered projects shall be heard by the Benches of the Authority as per the procedure laid down in this behalf and admissible relief, if any, granted after deciding the question of exemption of the concerned project from registration under the Act as provided under Section-3 read with rule-2(1)(h) of the Rules. The reliefs shall be based on the evidence adduced by the parties and available at the level of the Authority, including through physical inspections.

24(f)- Requisite additional information required for servicing of notice and deciding the complaint shall be obtained from the complainants for which a separate order will be issued under Regulation-38 and additional fields created on the web portal of the Authority.

24(g)- The Bench shall first decide the question of registration of the project taking into consideration the provisions of Section-3 of the Act and rule-2(1)(h) of the Rules, as applicable, along with the status of the map and land of the project and other relevant factors. In case, the Bench arrives at the conclusion that registration of the project in question is required under the Act, it will make a separate reference to the Secretary for ensuring further necessary action towards the registration of the project in question in light of the provisions of the Act, the Rules and the Regulations.

The Bench, after deciding the preliminary question on registration of the project, shall decide the complaint of the allottee on merits and grant the admissible relief, if any, based on the applicable law and facts and circumstances of the case.

3. Renumbering of Regulation 47 and Insertion of Regulation 47(c) — Administrative Charges and Standard Fees

The existing Regulation 47 is renumbered as follows:

• The Original Regulation-47 is numbered as 47(a).
• Regulation-47(a) added vide 5th Amendment is re-numbered as Regulation-47(b).
• Sub-paras-(क), (ख), (ग) एवं (घ) of existing para-(a) are re-numbered as para-(i), (ii), (iii) and (iv) of para-(b).
• Sub-paras-(ग)(I), (ग)(II), (ग)(III) and (ग)(IV) of existing para-(a) are re-numbered as sub-para-(A), (B), (C) and (D).
• Sub-paras-(I) and (II) of para-(घ) of existing para-47(a) are re-numbered as sub-para-(A) and (B)

Regulation 47(c) — newly inserted:
(a) No new or revised Agreement for Sale / Lease shall be executed with the successor-in-interest or assignee, etc of the allottee(s) and only an endorsement to this effect shall be made in the existing Agreement for Sale / Lease with consequential updating of records of the promoter.

(b) On the death of the existing allottee(s), the promoter shall not charge a processing fee of more than Rs.1,000/- (One thousand rupees only), if the successor-in-interest is a member of the family of such allottee(s).

Provided that for the case mentioned in (b) above, the successor-in-interest shall be required to submit the following documents in the office of the promoter and file the same documents with the Authority: –

(i) Death Certificate of original allottee;
(ii) Succession Certificate issued by the Sub-Divisional Magistrate / District Magistrate; and
(iii) No Objection Certificate of all the surviving heirs of original allottee(s).

(c) The promoter shall not charge a processing fee of more than Rs.1,000/- (One thousand rupees only), if the successor-in-interest or assignee is a member of the family of the allottee(s).

(d) The promoter cannot charge a processing fee of more than Rs.25,000/- (Twenty-five thousand rupees only), if the assignee or successor-in-interest is someone other than a member of the family of the allottee(s).