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Regulation Eng 20022025

The Bihar Real Estate Regulatory Authority has issued the General Regulations, 2024, which come into immediate effect and apply to all matters under its jurisdiction. These regulations define key terms, outline the application process for real estate project registration, and establish requirements for documentation and reporting by promoters. Additionally, they include provisions for penalties related to late submissions and incomplete applications.

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0% found this document useful (0 votes)
116 views40 pages

Regulation Eng 20022025

The Bihar Real Estate Regulatory Authority has issued the General Regulations, 2024, which come into immediate effect and apply to all matters under its jurisdiction. These regulations define key terms, outline the application process for real estate project registration, and establish requirements for documentation and reporting by promoters. Additionally, they include provisions for penalties related to late submissions and incomplete applications.

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aee dholi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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REAL ESTATE REGULATORY AUTHORITY (RERA), BIHAR

Patna, dated: 1st August 2024

NOTIFICATION

No.-01 Bihar RERA/Gen. Regulations/2024. In Exercise of the powers conferred under Section 85 of
the Real Estate (Regulation and Development) Act, 2016, the Bihar Real Estate Regulatory Authority,
hereby makes the following Regulations.

1. Short title, extent, commencement and application:


(1) These Regulations may be called the Bihar Real Estate Regulatory Authority (General)
Regulations, 2024.
(2) It shall extend to the whole of the State of Bihar.
(3) These Regulation shall come into force with immediate effect.
(4) These Regulations shall apply in relation to all matters falling within the jurisdiction of
the Real Estate Regulatory Authority in the State of Bihar.
2. Definitions:
(1) In these Regulations, unless the context otherwise requires: -
(i) “Act” means the Real Estate (Regulation and Development) Act, 2016 (as amended
from time to time);
(ii) “Application” for registration of real estate project before the Authority means
an application complete in all respect and accompanied by all the requisite documents
and prescribed fee/late charge or additional charge as per the relevant provisions of
RERA Act, 2016, Rules and Regulations made there under and orders/directions issued
in this regard by the Authority from time to time.
(iii) “Adjudication" means the process of arriving at decisions on complaints received by
the Authority under Section 31 of the Act or by the Adjudicating Officer under Section
31 read with Section 71 of the Act;
(iv) “Authority “means the Bihar Real Estate Regulatory Authority;
(v) “Chairperson” means the Chairperson of the Authority;
(vi) “Consultant” includes any person or any organisation, not in the regular employment
of the Authority, who/ which may be engaged on a short-term basis to assist the
Authority on the matter required to be dealt with by the Authority under the Act and
the Rules and Regulations made there under;
(vii) “Form” means the form and forms appended to the RERA Act, 2016, Rules and
Regulations made there under.
(viii) “Member” means a Member of the Authority appointed under Section 21 of the Act
for the purpose of exercise of any responsibility or the authority vested into a
Member under the Act or Rules;
(ix) “Officer” means an officer of the Authority;
(x) “Proceedings” means and includes proceedings of all nature that the Authority may
conduct in the discharge of its functions under the Act and the Rules and Regulations
made there under;
(xi) “Regulation” means the Bihar Real Estate Regulatory Authority (General)
Regulations2024.
(xii) “Rule” means the Bihar Real Estate (Regulation and Development) Rules, 2017 made
by the Government of Bihar under the Act. (as amended from time to time);
(xiii) “Secretary” means the Secretary of the Authority;
(xiv) “Section” means the section of the Real Estate (Regulation and Development) Act,
2016.
(xv) “Property” means property of any kind, whether movable or immovable and includes
any right or interest in such property.
(xvi) “Late Charge”: - The promoter or agent, as the case may be, shall be required to pay
to the Authority the late charges at the rates, as may be determined by Regulations,
general or special order of the Authority, declared or uploaded on the website of the
Authority from time to time;
(xvii) “Additional Charge”: - The promoter or agent, as the case may be, shall be required
to pay to the Authority the additional charges at the rates, as may be determined by
general or special order of the Authority, declared and uploaded on the website of the
Authority from time to time;
(xviii) “Booking Amount” means the advance payment or an application fee or any amount
howsoever named and would be the amount paid by the flat / plot / home buyer to the
promoter at the time of the booking of flat / plot / home with an intention to purchase
the same at the given cost, in accordance with Section 13(1) of the RERA Act, 2016.
(2) Words or expressions occurring in these Regulations and not defined herein but defined
in the Act or the Rules shall bear the same meanings respectively assigned to them in the
Act and the Rules made there under.
3. Formats of Certificates of Architect, Engineer, and Chartered Accountant: The
Certificates to be issued by the project architect, project engineer, and chartered accountant in
practice for withdrawal of money from the separate account maintained under section 4(2) (l) (D)
shall be in Form 1, 2 and 3 respectively as well as shall be submitted with the application of
registration of ongoing projects and along with Form 7 as specified under Regulation 9 (3).
Explanation 1. The Chartered Accountant certifying the progress of the registered real estate
project for the purpose of withdrawal of amounts from the separate account should be a
"different entity" than the Chartered Accountant, who is the Statutory Auditor of the
promoter's enterprise.

Explanation 2.-If the Form No.4 issued by the Chartered Accountant, in Practice, who is the
Statutory Auditor of the promoter’s enterprise reveals that any certificate issued by the project
Architect, Engineer, or the Chartered Accountant for withdrawal of funds from the separate
bank account has false or incorrect information and the amounts collected for a particular
project have not been utilized for the project and the withdrawal has not been in compliance
with the proportion to the percentage of project work completed, the Authority in addition to
taking penal action as contemplated in the Act and the Rules, may in its discretion also take
up the matter with the regulatory body concerned of the Architect, Engineer or Chartered
Accountant, as the case may be, for necessary penal action against the said professional,
which may include cancellation of registration of membership for practice.

4. Formats of various Certificates in Plotted Development Project: In the case of a plotted


development project, the various Certificates for withdrawal of money from the separate
account maintained under Section 4 (2) (1) (D) shall be in Form 1, 2, and 3 with applicable
referential modification as to the Plotted Development Project details.
5. Every application submitted under Section 4 or Section 6 or Section 9 of the Act shall
be submitted to the Authority online along with all the details, relevant documents, and stipulated
fees as well as additional charge/ late charges, if any.
(1) The promoter shall submit an application for registration along with an affidavit stating therein
that the share distribution of flats, shops, apartments, towers including parking/ garage,
others, if any, and plots are exclusively within his/ her share available for marketing and same
will be mentioned in the registration certificate to be issued by the Authority.
(2) The promoter or agent as the case may be, who fails to submit all the requisite documents or
does not comply with other requirements of registration as per the provisions of the Act,
Rules, and Regulations made there under even after an opportunity is given to the applicant
to rectify the deficiency in a period as specified by the Authority depending on the merit of
the case, shall be treated as incomplete and would be liable to be rejected.
(3) If the defect in application persists and the application is not complete as per the provision of
the Act, Rules, and Regulations made there under, it shall be liable to be rejected in
accordance with the provision of Section 5(1) (b) of the Act, after an opportunity is given to
the applicant of being heard in the matter, after being served an advance notice of a period of
7 days from the date of the issuance of the notice.
(4) In case an application is rejected as per Regulation 5(3) above, the Promoter or Agent, as the
case may be, may make a fresh application to the Authority along with the fee / late charge /
additional charge as the case may be as if it is a new/fresh application for
registration/extension.
(5) Stage-wise time schedule of completion of the project in the form of a milestone chart
describing the important items of work, Building/Tower/Block-wise of the project shall be
uploaded by the promoter on the webpage of the project on the website of RERA, Bihar,
within 30 days from the date of registration of the project.
(6) The promoter shall submit details of revised milestones of the development work of the
project to be completed within the revised completion date along with the application for
extension of registration of the project in Form 'E' as prescribed in Bihar Real Estate
(Regulation & Development) Rules 2017 and upload the same on the webpage of the project
on the website of RERA, Bihar.
6. Landowner to be treated as Promoter or Allottee - (1) The Authority or the Adjudicating
Officer, as the case may be while disposing of applications under Section 31(1) of the Act,
would decide whether the landowner, who has entered into a registered Development
Agreement with the promoter, would be considered as an allottee or a promoter, depending
upon the facts and circumstances of the complaint that may be placed before it.
Explanation 1 Since the landowner causes a project to be constructed as defined in Section
2(zk) of the Act, he along with the promoter would be jointly responsible for fulfilling the
obligations to the allottees as mentioned in the Agreement for sale, if;
(a) The Development Agreement specifically mentions that the landowner has to actively
participate in the construction or development of the project along with the promoter, or
(b) The Development Agreement, which states the distribution of share of profits and
revenues between promoter and landowner in addition to the share of flats or developed
plots, or
(c) The landowner markets, advertises, or sells his/her share of apartments before the project
is completed in all respects.
Explanation 2.-In matters filed for compensation for defective title of the land, on which
the project is being developed as mentioned in Section 18(2) of the Act, the landowner
would be jointly responsible for the payment of compensation, as may be decided, by the
Adjudicating Officer.
7. Other Fees:
(1) The promoter or agent, as the case may be, shall be required to pay to the Authority the
additional charge / late charge at the rates, as may be determined by general or special
order of the Authority and declared on website of the Authority from time to time in
the following matters: -
(i) Fee/ late charge / additional charge for the periodical updation of website;
(ii) Fee/ late charge / additional charge for late submissions and for permission for
changes required to be made in the application for registration, before or after
registration;
(iii) Fee/ late charge / additional charge for any other matter.
8.Display Boards-(1) The promoter shall erect a weather proof geo Tagged (mentioning the
latitude and longitude of the project) Display Board of a minimum size of 5’X4’ at the
project site with the information regarding the name and registration number of the
project along with the QR Code issued by the Authority, date of registration, phases of
the project, number of towers, number of stories (tower wise) etc. in bold letter and
legible language, so that the information may be visible throughout the season / year, till
completion of the project.
(2) In the case of plotted development, Promoter shall erect Display Board as mentioned in
Sub Regulation (1) above regarding the approved Site Plan indicating the entire area of
the projects i.e., roads, water supply, external services, the revenue details of the land of
the project i.e., Plot Number, Khata Number, Thana Number and Lay-out Plan
superimposed on the Revenue Map, in bold and legible letters so that the information
remains displayed till completion of the project.
(3) Name and contact details of the authorised representative of the promoter including the
website of promoter, shall also be displayed on the Board as mentioned in Sub
Regulation (1) above.
9. Information/Documents to be uploaded by Promoter on the web-page of the project
which remains available on the website of the Authority –
1. After the Promoter gets his accounts audited within six months after the end of every
financial year by a Chartered Accountant, in practice as per Section 4(2)(l)(D), it needs to
be uploaded till 31st of October of the succeeding financial year. The promoter shall upload
on the website of the RERA, Bihar in the webpage of the project the statement of accounts
of the project in Form 4 (issued in accordance with third proviso to section 4(2)(1)(D) of
the Act,) duly certified and signed by the Chartered Accountant, in practice, who is the
statutory auditor and is not auditor of the promoter enterprise by 31st of October of
succeeding financial year.
2. All Promoter/Developers of a Real Estate Project shall upload on the website of RERA,
Bihar in the webpage of the project about any change (addition/deletion) in the board of
Directors of the company/Partners of the firm within a month of occurrence.
3. The promoter shall upload on the webpage of the project on the website of the Authority
Quarterly progress report in Form no. - 7 along with Form no. – 1, 2, 3, dated picture of
Display Board as per regulation 8(1) and QR Code of the project issued by the RERA,
Bihar appended with this Regulation within 15 days of expiry of preceding quarter.

4. The promoter shall also upload on the webpage of the project in the Authority's website
the following: -
a. Certificate given by a Civil Engineer, Architect and Chartered Accountant in practice,
that the amount withdrawn from the bank up to the end of the quarter in question is
commensurate with the physical progress of the project.
b. Certificate given by the Architect and Civil Engineer that the progress of the project is
as per the milestone chart submitted by the promoter.
c. Milestone Chart/Bar Chart/Gantt Chart depicting progress of Block/ Tower/Building-
wise various level of construction clearly indicating whether the project in progress is as
per time schedule or lagging behind.
5. In case any promoter fails to upload Quarterly Statements/Reports as prescribed in Sub –
Regulation (3)& (4)of Regulation 9 within stipulated time, he shall be liable to pay penalty
which may extend up to 5% of the estimated cost of the real estate project as determined
by the Authority under the provision of Section 61 of the Act. However, he may opt to
upload QPR and Reports after paying late charge as prescribed below: -

S.no. Delay Late Charge

1. For 1 day to 15 days of delay Rs. 25,000/- (Rupees


twenty-five thousand)

2. For 16 days to 30 days of delay Rs. 50,000/- (Rupees fifty


thousand)

3. For 31 days to 60 days of delay Rs. 1,25,000/- (Rupees one


lakh twenty-five thousand)

4. Beyond 60 days of delay Rs. 3,00,000/- (Rupees


three lakh)
(6) In case the promoter provides or submits incomplete Quarterly Statements / Quarterly Progress
Report with incomplete information and/ or facts as prescribed in Sub – Regulation (3)& (4)of
Regulation 9, then he shall be liable to pay a charge of Rs. 50,000/- (Rupees fifty thousand).

(7) In case the promoter provides or submits Quarterly Statements / Quarterly Progress Report with
false information and/ or facts as prescribed in Sub – Regulation (3)& (4)of Regulation 9, then he shall
be liable to pay additional charge of Rs. 1,00,000/- (Rupees one lakh).

(8) In case the promoter fails to upload geo tagged dated picture of display board as per regulation 8(1)
in Quarterly Statements / Quarterly Progress as prescribed within stipulated time, he shall be liable to
pay late charge as prescribed below: -

S.no. Delay Late charge

1. For 1 day to 15 days of delay Rs. 10,000/- (Rupees ten


thousand)

2. For 16 days to 30 days of delay Rs. 30,000/- (Rupees thirty


thousand)

3. For 31 days to 60 days of delay Rs. 75,000/- (Rupees


seventy-five thousand)

4. Beyond 60 days of delay Rs. 2,00,000/- (Rupees two


lakh)

10. Application charge for extension of registration under section 6: - The promoter is required to pay
additional charge alongwith fee for making an application for extension of registration of real estate
project with the Authority as per Section 6 of the RERA Act, 2016 read with Rule 6(2) of the Bihar
RERA Rules, 2017: -

S. Period of extension Additional Charge


no.

1. Up to 6 months of extension Rs. 4,00,000/- (Rupees


four lakh)

2. More than six months but up to 12 months Rs. 10,00,000/-


of extension (Rupees ten lakh)

3. In special cases if beyond 12 months Rs. 20,00,000/-


(Rupees twenty lakh)

11. Application with late charge for extension of registration under section 6 :- The promoter is
required to pay fee as per Bihar RERA Rules 2017 for extension of registration of real estate project
to the Authority complete application in all respect along with the consent of majority of the allottees
and allotments letters thereof as per Section 6 of the RERA Act, 2016 read with Rule 6(2)of the Bihar
RERA Rules, 2017 within 3 months prior to lapse of registration of project but in case of late filing of
extension application, he shall be liable to pay late charge as prescribed below:-

S.No. Delay in days Late charge

Within 3i.months after lapse of registration Rs. 2,00,000/- (Rupees


two lakh)

After 3 ii.
months but within 6 months after Rs. 5,00,000/- (Rupees
lapse of registration two lakh)

Beyondiii.
6 months after lapse of registration Rs. 10,00,000/-
(Rupees ten lakh)

12. The promoter shall pay a late charge of Rs. 50,000/- for every month of delay or part thereof for delay
on the late submission of Annual Statement of Account, duly certified and signed by chartered
accountant, in practice as required in Section 4(2)(l)(D) of the Act.

13. The promoter shall submit following documents in addition to documents submitted under Section 4
of RERA Act read with Rule 3 and 4 of Bihar RERA Rules 2017: -

a. To show the financial worth of the promoter to meet at least ten percent of the estimated
development cost of the project to take up the initial cost of the project a statement of asset
and liabilities of the Promoter’s entity and its director(s)/ partner(s)/ proprietor/ other entity
as the case may be as on the date of submission of the application, duly certified by Chartered
Accountant.
b. Details of all projects under taken by the director(s)/ partner(s)/ proprietor(s)/ firm/ LLP/
other entity of the company in other capacities, either as individual or as part of other entities,
during the last five years along with the details of cases filed in the said projects as mentioned
by the promoter and orders passed.
c. The memorandum of the division of share between the promoter and landowner available
for marketing and selling on affidavit cum declaration in prescribed format duly signed by
the promoter and landowner(s).
d. The promoter shall furnish on affidavit, with the full details of movable and immovable
properties of this concern along with details of such properties of its directors/ partners/
proprietor/ other entity, as the case may be.
14. Application fee for change in Bank Account of the project: - In case the promoter applies for change
in ‘Separate Account’ of the project (opened during the registration of the project), it may be allowed
after promoter pays an application fee of Rs. 50,000/- (Rupees fifty thousand only) along with requisite
documents, and certificates subject to the fulfilment of the provisions as laid down in Section
4(2)(l)(D), Section 11(4)(g) and Section 11(4)(h) of the Act.
15. The Promoter shall specifically mention the Booking Amount in the Schedule – C of the Agreement
to Sale executed between the Promoter and Allottee.
16. Authority’s Office, Office Hours and Sittings. - (1) The head office of the Authority shall be at
Patna. The Authority may, by order, establish benches and its offices at other places in the State.
(2) The Authority may by order establish benches and its offices at other places in the State.
(3) The Authority may conduct its proceedings at the head office or at any other place within its
jurisdiction on days and time as directed by the Chairperson.
17. Language of the Authority. - (1) The proceedings of the Authority shall be conducted in English or
Hindi.
(2) The Authority, at its sole discretion, may accept complaint petitions made in English or
Hindi.
(3) The Authority may, in appropriate cases, direct translation of Petitions and the accompanying
documents into English or Hindi.

18. Seal of the Authority. - Any document requiring authentication by the Authority shall be issued under
the seal of the Authority, and shall be signed by the Secretary, Officer on Special Duty or other Officer
authorized by the Authority in this behalf.
19. Functions of Secretary: - [(1) The Secretary shall be the Principal Executive Officer of the Authority
and shall exercise his powers and perform his duties under the control of the Authority.
(2) In particular, and without prejudice to the generality of the provisions of sub-regulation
(3) of this regulation, the Secretary shall have the following powers to perform the following
duties, viz: -
a. He shall be custodian of the records and the seal of the Authority:
b. He shall receive or cause to receive all documents, including, inter alia, complaints,
applications or reference pertaining to the Authority;
c. He shall scrutinize documents, including, inter alia, complaints, applications, or
references, and shall be entitled to seek clarifications or rectifications upon the same
and issue appropriate directions pertaining to the acceptance or rejection of such
documents;
d. He shall prepare or cause to be prepared briefs and summaries of pleadings presented
by various parties in cases filed before the Authority.
e. He shall carry out such functions under the Act and the Rules, as may be delegated
to him by the Authority, by general or special order;
f. He shall assist the Authority in the proceedings relating to the powers exercisable by
the Authority, as directed by the Chairperson,
g. He shall provide notice for meetings, prepare the agenda for meetings, and record the
minutes of the proceedings of the Authority's meetings:
h. He shall authenticate the orders passed by the Authority,
i. He shall, so far as it is possible, monitor compliance of the orders passed by the
Authority and shall forthwith bring to the notice of the Authority any non-compliance
thereof;
j. He shall have the right to collect from the State Government or local authorities or
other offices, companies and firms or any other party as may be directed by the
Authority, such information and record, report, documents, etc. as may be considered
necessary for the purpose of efficient discharge of the functions of the Authority
under the Act and the Rules and place the same before the Authority.
(4) In the absence of the Secretary, an officer of the Authority designated by the Chairperson in
this behalf shall exercise the powers and discharge the functions of the Secretary.
(5) The Chairperson shall in addition to the powers vested under Section 25 of the Act and Rule
21, at all times, have the power, either on an application made by any interested or affected
party or suo-moto, to review, revoke, revise, modify, amend, alter or otherwise change any
order issued or action taken by any Officer of The Authority, if considered appropriate.
(6) The Members may, with the written approval of the Chairperson, delegate to any Officer of
the Authority any function required by these Regulations or otherwise to be exercised by the
Secretary.
20. Meetings of the Authority -(1) The provisions contained in sub regulations (2), (3), (4), (5), (6),
(7) and (8) below, shall be applicable to the meetings of the Authority, other than the adjudicatory
proceedings of the Authority.
(2) The quorum for the meetings of the Authority shall be two.
(3) If in any meeting of the Authority duly convened, the quorum is not present, the meeting
shall stand adjourned for the next suitable date & time and place as decided by the Authority.
(4) The Chairperson shall preside over the meetings and conduct the business. Members
stationed at Benches, outside Patna, may participate in the meetings Through video
conferencing. If the Chairperson is unable to be present in the meetings for any reason, or
where there is no Chairperson, the senior Member present shall preside over at the meeting.
(5) All questions which come up before any meetings of the Authority shall be decided by a
majority of votes of the Members present and voting. In the event of equality of votes, the
Chairperson or in his absence, the Member presiding shall have a second or casting vote.
(6) Save as otherwise provided in these Regulations, every Member shall have one vote.
(7) The Secretary or in his absence an Officer of the Authority designated by the Chairperson,
shall record the minutes of the meetings and maintain a register which will, amongst other
things, contain the names and designation of Members and invitees present in the meeting,
a record of proceedings and notes of dissent, if any. In case of dissent, the draft minutes
shall, as soon as practicable, be sent to the Chairperson.
(8) The decision taken in a meeting of the Authority shall be recorded in the minutes in a clear
and concise manner, along with reasons and a copy of the approved minutes shall be sent to
all the members. In case the minutes record any statement/submission made by an invitee, a
copy of the minutes shall be sent to such invitee.
21. Adjudication Proceedings before the Authority.- For Adjudication Proceedings with respect to
complaints filed with the Authority Under Section31 of the Act read with Rule 36 of the Bihar Real
(Regulation and Development) Rules 2017, and Suo Motu Cases Under Section 3 of the Act, the
Chairperson may, by general order or specific order, direct that specific matter or issues shall be
heard and decided by a Single Bench of Chairperson or Member or Double Bench of either the
Chairperson or any Member or Members of the Authority.
22. Authorized Representative. - A person who is a party to any proceedings before the Authority may
either appear in person or authorise any other person as specified under Section 56 of the Act to
present his case before the Authority and to do all or any of the acts for the purpose:
Provided that the person appearing on behalf of any person in any proceeding before the
Authority shall file a Memorandum of Authorisation/Vakalatnama, in [Form 5] herein:
Provided further that the Authority may, from time to time, determine the terms and
conditions subject to which the allottees may authorize representative(s) to plead on their behalf.
In such cases the Authority shall have the power to summon and enforce the attendance of all
persons who are concerned with the Real Estate Project, including lenders, landowners in case
of joint venture or development agreement as well as the persons who have accorded permissions
to the Real Estate Project, as Competent Authority.
23. Orders of the Authority. -(1) The Authority, Chairperson, Members, Adjudication Officer and any
officer of the Authority with the delegated powers of the Authority as the case may be, after hearing
a proceeding shall pass orders in such proceedings, and such orders shall be signed by the
Chairperson, Members, Adjudicating Officer or any officer of the Authority or the Authority, as the
case may be.
(2) All orders and decisions shall be certified by the Officer empowered in this behalf by the
Chairperson and shall bear the official seal of the Authority and shall be uploaded on the
website of the Authority.

24. Records of the Authority. -


(1) The Authority shall maintain an indexed database of its records including, inter alia,
complaints filed, details of hearings conducted, orders /documents issued from time to time.
(2) The Chairperson shall on such terms and conditions as he considers appropriate provide for
supply of certified copies of orders, documents and papers available with the Authority to
any person, applying in Amended Form 6, subject to the payment of requisite fee as may be
decided by the Chairperson from time to time and complying with such terms as the
Chairperson may direct. The Chairperson shall designate an officer for ensuring timely
response to requests received for supply of certified copies of documents within a period of
14 (fourteen) working days from the date of receipt of request.
(3) The Chairperson may, by order, direct that any information, documents and papers/materials
maintained by the Authority shall be confidential or privileged and shall not be available for
inspection or supply of certified copies, and the Chairperson may also direct that such
document, papers, or materials shall not be used in any manner, except as specifically
authorized by the Chairperson.
(4) The Authority shall endeavour to make information involving public interest accessible and
available to the public, through its website.
(5) The Chairperson may depute an officer of the Authority, as Information Officer as provided
under the Right to Information Act, 2005 and another officer of the Authority as Appellate
Authority under the said RTI Act.
25. Interim Orders, Investigation, collection of Information etc.:
(1) The Authority may pass such ad-interim or interim orders, as the Authority may
consider appropriate at any stage of any proceedings, having regard to the facts and
circumstances of the case.
(2) The Authority may make such direction or order as it thinks fit for collection of
information, inquiry, investigation etc. and without prejudice to the generality of its
powers, including, inter alia, the following: -
(a) The Authority may, at any time, direct the Secretary or any one or more officers
or any other person as the Authority considers appropriate to study, investigate or
furnish information with respect to any matter within the jurisdiction of the
Authority under the Act and the Rules;
(b) The Authority may, for the above purpose, give such other directions, as it may
deem fit and state the time within which the report is to be submitted or
information furnished;
(c) The Authority may issue or authorise the Secretary or an officer to issue directions
to any person to produce before it and allow to be examined and kept by an officer
of the Authority directed in this behalf the books, accounts, etc., or to furnish any
information to the designated officer;
(d) The Authority may issue such directions, for the purpose of collection of any
information, particulars or documents that the Authority considers necessary in
connection with the discharge of its functions under the Act and the Rules;
(e) If any such report or information obtained appears to the Authority to be
insufficient or inadequate, the Authority or the Secretary or an officer authorised
for the purpose may give directions for further inquiry, report and furnishing of
information;
(f) The Authority may direct such incidental, consequential and supplemental matters
to be attended to which may be considered relevant in connection with the above;
(g) The Authority may for the above purpose take help of police or such other
authorities that may be considered necessary and expedient.

(3) If the report or information obtained in accordance with Regulation 25 (2) above or
any part thereof is proposed to be relied upon by the Authority for forming its opinion
or view in any proceedings, the parties to the proceedings shall be given a reasonable
opportunity for filling objections and making submissions on such report or
information.

26. Confidentiality:
(1) The Bench hearing the matter shall appraise and determine whether any documents or
evidence provided to it by any party and claimed by that party to be of a confidential
nature merit being withheld from disclosure to other parties as being confidential and
shall provide brief reasons in writing for arriving at its conclusion.
(2) If the Bench is of the view that the claim for confidentiality is justified the Bench may
direct that the same may be not provided to such parties as the Bench may deem fit.
However, the party claiming the confidentiality shall provide a brief non-confidential
summary of the substance of the documents found to be confidential and the import
of the same.
(3) Notwithstanding with the above it shall be open to the Bench to take into consideration
the contents of documents found to be confidential in arriving as its decision.
27. Rectification of Order – Any person may file a rectification petition in reference to an order
passed under Section 31 of the Act as provided in Section 39 of the Act along with a fee of Rs.
250/- (Rupees two hundred fifty only).
28. Continuance of Proceedings after Death etc.
(1) Where in a proceeding, any of the parties to the proceeding dies or is adjudicated as an
insolvent or in the case of a company under liquidation/winding up, the proceeding shall
continue with the other partners, successors-in-interest, the executor, administrator,
receiver, liquidator or other legal representative of the party concerned, as the case may
be.
(2) The Authority may, for reasons to be recorded, treat the proceedings as abated in case
the Authority so directs and dispense with the need to bring the successors-in-interest on
the record of the case.
(3) In case any person wishes to bring on record the successors-in-interest, etc., the
application for the purpose shall be filed within 90 (ninety) days from the event requiring
the successors-in-interest to be brought on record. The Authority may condone the delay,
if any, for sufficient reasons.
29. Issue of orders and directions: Subject to the provisions of the Act, Rules and Regulations, the
Authority may, from time to time, issue orders and directions in regard to the implementation of the
Regulations and procedure to be followed as it deems fit.
30. (1.) Documents to be submitted on Completion of Project. On Completion of project, the Promoter
shall submit following documents: -
i. In case Occupancy Certificate is not issued by the
Competent Authority concerned, the authenticated copy of
Completion Certificate given by Certified Architect
submitted before competent Authority for issuance of the
Occupancy Certificate including the notice submitted
there under.
ii. The Certificate of Chartered Accountant clearly indicating
the total fund spent on the project.
iii. Current photograph of the project showing front, side and
back elevation of building developed.
iv. Number of Sale Deed(s) executed from the share of the
Promoter.
v. An Affidavit stating
a. That the Promoter has provided all the
services as per the Agreement for Sale,
prospectus and brochure.
b. That the number of complaint cases pending
against the promoter.

(2.) The Authority after being satisfied on the basis of such documents that the project is
complete, may issue a letter to the promoter on his written request, discharging him from all the
responsibilities as per Section 4(2)(1)(D) with intimation to the bank concerned where the
separate account of the project is being maintained on the written request of promoter.

31. Saving of Inherent power of the Authority:


(1) Nothing in the Regulations shall be deemed to limit or otherwise affect the inherent
power of the Authority to make such orders as may be necessary for meeting the ends of
justice or to prevent the abuse of the process of the Authority.
(2) Nothing in these Regulations shall bar the Authority from adopting in conformity with
the provisions of the Act or Rules, a procedure, which is at variance with any of the
provisions of these Regulations including summary procedure, if the Authority, in view
of the special circumstances of a matter or class of matters and for reasons to be recorded
in writing, deems it necessary or expedient for so dealing with such a matter or class of
matters.
(3) Nothing in the Regulations shall bar the Authority from dealing with the matter or
exercise of any power under the Act or Rules for which no regulations have been framed,
and the Authority may deal with such matters, powers, and functions in a manner as it
thinks fit.
32. Execution of Orders -Any Order(s) passed by The Authority, Chairperson, Members, Adjudication
Officer and any officer of the Authority with the delegated powers of the Authority as the case may
be needs to be complied in stipulated times. In case the Respondent party Respondent/ Promoter
fails to comply with the order, within such time, the complainant may file Execution Petition
accompanied with a fee of Rs. 100/- (Rupees one hundred) or as may be prescribed from time to
time, in Form 8 appended with the Regulation.
33. Power to Remove Difficulties: If any difficulty arises in giving effect to any of the provisions
of the Regulations, the Authority may remove such difficulties, by such general or special
order, which is not inconsistent with the provisions of the Act or Rules and which appears to
be necessary or expedient for the purpose of removing the difficulties.
34. Extension of Time Prescribed: Subject to the provisions of the Act or the Rules, the time
prescribed by the Regulations or by order of the Authority for doing any act may be extended
(whether it has already expired or not) for sufficient reason by an order of the Authority.
35. Effect of non-compliance: Failure to comply with any requirement of the Regulations shall
not invalidate any proceeding merely by reason of such failure unless the Authority is of the
view that such failure has resulted in miscarriage of justice.
36. Costs:
(1) Subject to such condition and limitation, as may be directed by the Authority/Bench, the
costs of and incidental there to, all proceedings shall be awarded at the discretion
of the Authority/Bench and the Authority/Bench shall have full power to
determine, by whom or out of what finds and to what extent such costs are to be
recovered and give all necessary directions for the aforesaid purposes.
(2) The Costs shall be paid within 60 (sixty) days from the date of the order or within such
time as the Authority/Bench may, by order, direct. If a party fails to comply with
an order for costs within the stipulated time, the order of the Authority/Bench
awarding costs shall be executed forthwith in the same manner as a decree/order of
a Civil Court.
37. Administrative Charges and Standard Fees: The Authority may, by order, fix
standard fees to be levied on the litigating parties, promoters or real estate agents
or allottees for inspection of documents, certified copies of documents, the
updating of website, database management and maintenance of the website etc.
38. Personnel Policy: Personnel policies of RERA, Bihar will be as per to the HR Manual /
Regulations issued by the Authority from time to time.
39. Adherence to legal norms: In the absence of anything specifically mentioned in the Act
or Rules, the Authority may adhere to the extant statutes and rules.
40. Repeal: Bihar Real Estate Regulatory Authority (General) Reg, 2021 and Bihar Real
Estate Regulatory Authority (General) (Amendment) Regulations, 2022 are hereby
repealed.
By Order of the Authority

Secretary,
RERA Bihar
FORM No. 1
[See Regulation 3]

ARCHITECT’S CERTIFICATE
(To be submitted at the time of Registration of Ongoing Project and for withdrawal of Money from
Designated Account)
Date------------------

To,
The —————————— (Name & Address of Promoter),
________________________________________________
________________________________________________
Subject: Certificate of Percentage of Completion of Construction Work of------------------ No.
of Building(s)/------------------- Wing(s) of the---------------- Phase of the Project
[Bihar RERA Registration Number] situated on the Plot bearing C.N. No/CTS
No./Survey No./ Final Plot No. -------------------demarcated by its boundaries (latitude
and longitude of the end points) -------------------- to the North ------------------- to the
South -------------------to the East ------------------ to the West of Division --------------
------ village ----------------Block------------------- District ------------------------ PIN ---
--------------------------admeasuring --------------------- sq.mts. area being developed by
[Promoter’s Name]------------------------------------------
Sir,
I/ We ----------------------------------------- have undertaken assignment as Architect /Licensed Surveyor
of certifying Percentage of Completion of Construction Work of the ----------------------------------------
------ Building(s)/---------------------------Wing(s) of the ------------------------ Phase of the Project,
situated on the plot bearing C.N. No/CTS No./Survey No./Final Plot No. -----------------------------------
- of Division --------------------------- Village --------------------------Block ----------------------------
District -------------------------------- PIN ------------------------- admeasuring --------------------------
sq.mts.area being developed by [Promoter’s Name]-------------------------------------------------------------
------------
1. Following technical professionals are appointed by Owner / Promoter:––
(i) M/s/Shri/Smt. ——————————————as L.S. / Architect;
(ii) M/s /Shri / Smt. —————————————— as Structural Consultant
(iii) M/s /Shri / Smt. —————————————— as MEP Consultant
(iv) M/s /Shri / Smt. —————————————— as Site Supervisor
Based on Site Inspection, with respect to each of the Building/Wing of the aforesaid Real Estate Project,
I certify that as on the date of this certificate, the Percentage of Work done for each of the building/Wing
of the Real Estate Project as registered vide number under ________________Bihar RERA is as per
table A herein below. The percentage of the work executed with respect to each of the activity of the
entire phase is detailed in Table B.
Table-A
Building/ Wing number ……………….. (to be prepared separately for each building /
wing of the project )

Percentage of Projected date of


S. Task/Activity Actual Work completion
No. Done (DD/MM/YYYY)

1. Excavation(if any)

2. Basements(if any)

3. Podiums(if any)

4. Plinth

5. Stilt Floor

6. Slabs of Super Structure

7. Internal walls, Internal Plaster,


Floorings, Doors and Windows
within Flats /Premises.
8. Sanitary Fittings within the
Flat/Premises, Electrical Fittings
within the Flat/Premises
9. Staircases, Lifts Wells and Lobbies
at each Floor level, Overhead and
Underground Water Tanks.
10. External plumbing and external
plaster, elevation, completion of
terraces with waterproofing of the
Building/Wing.
11. Installation of Lifts, water pumps,
Fire Fighting Fittings and
Equipment as per CFO NOC,
Electrical fittings, Mechanical
Equipment, compliance to
conditions of environment/CRZ
NOC,
Finishing to entrance lobby/splint
protection, paving of areas
appurtenant to Building/Wing,
Compound Wall and all other

Yours Faithfully,

Signature & Name (IN BLOCK LETTERS) of L.S/ Architect


(Registration No./License No. ………….)
TABLE B

Internal and External Development Works in respect of the entire Registered Phase.

S. Common Areas and Proposed Percentage of actual Projected


No. Facilities (Yes/No) Work Done (As on date of
date of the completion
Certificate) (dd/mm/yyyy)
1. Internal Roads &Footpaths

2. Water Supply

3. Sewerage (Chamber, Line,


Septic Tank, STP)
4. Storm Water Drains

5. Landscaping & Tree


Planting
6. Street Lighting

7. Community Buildings

8. Treatment and Disposal of


Sewage and Sullage Water
9. Solid Waste Management
& Disposal
10. Water Conservation/Rain
Water Harvesting
11. Energy Management

12. Fire Protection and Fire


Safety Requirements
13. Electric Meter Room

14. Any Other Amenities


FORM No. 2
[See Regulation 3]

ENGINEER’S CERTIFICATE
(To be submitted at the time of Registration of Ongoing Project and for withdrawal of
Money from Designated Account- Project wise)

Date :-------------------
To,
The —————————— (Name & Address of Promoter),
________________________________________________
________________________________________________
Subject : Certificate of Cost Incurred for Development of [Project
Name]_______________________________ for Construction of __________
building(s)/_______Wing(s) of the _________Phase ( Bihar RERA Registration Number)
situated on the Plot bearing Khesra No/ Khata No./Thana No./ Tauzi
No../C.N.No./CTSNo./SurveyNo./Final Plot No.______________ demarcated by its
boundaries ( latitude and longitude of the end points) ______to the North______to the South
________to the East ________to the West of Division ______ Village________
Block__________ District __________ PIN ___________admeasuring __________sq.mts.
area being developed by [Promoter]_________________________________________

Ref: Bihar RERA Registration Number _____________________


Sir,
I/ We__________________________________________ have undertaken assignment of
certifying Estimated Cost for the Subject Real Estate Project proposed to be registered under Bihar
RERA, being______________Building(s)/ ___________________ Wing(s) of the _______________
Phase situated on the plot bearing C.N. No./CTS No./Survey No./ Final Plot No. ______________ of
Division __________ Village____________ Taluka ________________District_______________PIN
_____________admeasuring __________sq.mts. area being developed by [Owner/Promoter]
1. Following technical professionals are appointed by Owner / Promoter :––

(i) M/s /Shri/Smt ___________________________as L.S. / Architect ;


(ii) M/s /Shri/Smt ___________________________ as Structural Consultant
(iii) M/s /Shri/Smt ________________________ ___as MEP Consultant
(iv) M/s /Shri/Smt ____________________________as Quantity Surveyor *

2. We have estimated the cost of the completion to obtain Occupancy Certificate / Completion
Certificate, of the Civil, MEP and Allied works, of the Building(s) of the project. Our estimated cost
calculations are based on the Drawings/plans made available to us for the project under reference by the
Developer and Consultants and the Schedule of items and quantity for the entire work as calculated by
____________________ Quantity Surveyor* appointed by Developer/Engineer, and the assumption of
the cost of material, labour and other inputs made by developer, and the site inspection carried out by
us.

3. We estimate Total Estimated Cost of completion of the building(s) of the aforesaid project
under reference as Rs. ______________________( Total of Table A and B). The estimated Total Cost
of project is with reference to the Civil, MEP and allied works required to be completed for the purpose
of obtaining Occupancy Certificate / Completion Certificate for the building(s) from the
____________________ being the Planning Authority under whose jurisdiction the aforesaid project is
being implemented.
4. The Estimated Cost Incurred till date is calculated at Rs. _________________(Total of Table
A and B). The amount of Estimated Cost incurred is calculated on the base of amount of Total Estimated
Cost.

5. The Balance cost of Completion of the Civil, MEP and Allied works of the Building(s) of the
subject project to obtain Occupancy Certificate / Completion Certificate
from________________________ (planning Authority) is estimated at Rs. ___________________(
Total of Table A and B).

6. I certify that the Cost of the Civil, MEP and allied work for the aforesaid Project as
completed on the date of this certificate is as given in Table A and B below :

TABLE A
Building /Wing bearing Number_____ or called ____________________
(to be prepared separately for each Building /Wing of the Real Estate Project)

Sr. No. Particulars Amounts


Total Estimated cost of the building/wing as on Rs.
1 __________ date of Registration is _______________
Cost incurred as on ____________ Rs.
2 (based on the Estimated cost ) _______________
Work done in Percentage _______________
3 (as Percentage of the estimated cost ) %
Balance Cost to be Incurred
4 (Based on Estimated Cost) Rs. ______________
Cost Incurred on Additional /Extra Items as on
_____________not included in the Rs.
5 Estimated Cost (Annexure A) _______________
TABLE B

(To be prepared for the entire registered phase of the Real Estate Project)

Sr. No. Particulars Amounts


Total Estimated cost of the Internal and External
Development Works including amenities and Facilities in
the layout as on __________________ date of Rs.
1 Registration is _______________
Cost incurred as on ___________________
2 (based on the Estimated cost). Rs._______________
Work done in Percentage ______________
3 (as Percentage of the estimated cost). %
Balance Cost to be Incurred
4 (Based on Estimated Cost). Rs. ______________
Cost Incurred on Additional /Extra Items
as on _______________not included in the Estimated
5 Cost (Annexure A). Rs. _______________

Yours Faithfully,

Signature of Engineer.

(Licence No. ………….)

* Note :

1. The scope of work is to complete entire Real Estate Project as per drawings approved from
time to time so as to obtain Occupancy Certificate / Completion Certificate.
2. (*) Quantity survey can be done by office of Engineer or can be done by an independent
Quantity Surveyor, whose certificate of quantity calculated can be relied upon by the Engineer.
In case of independent Quantity Surveyor being appointed by Developer, the name has to be
mentioned at the place marked (*) and in case quantity are being calculated by office of
Engineer, the name of the person in the office of Engineer, who is responsible for the quantity
calculated should be mentioned at the place marked (*).
3. The estimated cost includes all labour, material, equipment and machinery required to carry
out entire work.
4. As this is an estimated cost, any deviation in quantity required for development of the Real
Estate Project will result in amendment of the cost incurred / to be incurred.
5. All components of work with specifications are indicative and not exhaustive
Annexure A
List of Extra/Additional Items executed with Cost
(which were not part of the original Estimate of Total Cost)

FORM No. 3

[See Regulation 3]

CHARTERED ACCOUNTANT’S CERTIFICATE (On Letter Head)


(FOR REGISTRATION OF A PROJECT AND SUBSEQUENT WITHDRAWAL OF MONEY)
Cost of Real Estate Project__________________________
Bihar RERA Registration Number___________________

Sr. Particulars Amount (₹)


No.
Estimated Incurred

1.i Land Cost :

a. Acquisition Cost of Land or Development Rights, lease


Premium, lease rent, interest cost incurred or payable on
Land Cost and legal cost.
b. Amount of Premium payable to obtain development
rights, FSI, additional FSI, fungible area, and any other
incentive under DCR from Local Authority or State
Government or any Statutory Authority.
c. Acquisition cost of TDR (if any)
d. Amounts payable to State Government or competent
authority or any other statutory authority of the State or
Central Government, towards stamp duty, transfer
charges, registration fees etc; and
e. Land Premium payable as per annual statement of rates
(ASR) for redevelopment of land owned by public
authorities.
f. Under Rehabilitation Scheme:
(i) Estimated construction cost of rehab building
including site development and infrastructure for
the same as certified by Engineer.
(ii) Actual Cost of construction of rehab building
incurred as per the books of accounts as verified
by the CA.

Note :(for total cost of construction incurred, Minimum of


(i) or (ii) is to be considered).

(iii) Cost towards clearance of land of all or any


encumbrances including cost of removal of
legal/illegal occupants, cost for providing
temporary transit accommodation or rent in lieu
of Transit Accommodation, overhead cost,
(iv) Cost of ASR linked premium, fees, charges and
security deposits or maintenance deposit, or any
amount whatsoever payable to any authorities
towards and in project of rehabilitation.

Sub-Total of Land Cost

Sr.No. Particulars Amount (₹)

Estimated Incurred

ii Development Cost/ Cost of Construction :

a. (i) Estimated Cost of Construction as certified by


Engineer.

(ii) Actual Cost of construction incurred as per the books


of accounts as verified by the CA.

Note : ( for adding to total cost of construction incurred,

Minimum of (i) or (ii) is to be considered).

(iii) On-site expenditure for development of entire project


excluding cost of construction as per (i) or (ii) above,
i.e. salaries, consultants fees, site overheads,
development works, cost of services (including water,
electricity, sewerage, drainage, layout roads etc.), cost
of machineries and equipment including its hire and
maintenance costs, consumables etc.

All costs directly incurred to complete the (i)


construction of the entire phase of the project
registered.

b. Payment of Taxes, cess, fees, charges, premiums,


interest etc. to any Statutory Authority.

c. Principal sum and interest payable to financial


institutions, scheduled banks, non-banking financial
institution (NBFC) or money lenders on construction
funding or money borrowed for construction;

Sub-Total of Development Cost


2. Total Estimated Cost of the Real Estate Project [1(i) + 1(ii)]
of Estimated Column.

3 Total Cost Incurred of the Real Estate Project [1(i) + 1(ii)] of


Incurred Column.

4 % completion of Construction Work

(as per Project Architect’s Certificate)

5 Proportion of the Cost incurred on Land Cost and

Construction Cost to the Total Estimated Cost. (3/2)

6 Amount Which can be withdrawn from the Designated


Account.

Total Estimated Cost * Proportion of cost incurred ( Sr.


number 2 * Sr. number 5)

7 Less: Amount withdrawn till date of this certificate as per


the Books of Accounts and Bank Statement.

8 Net Amount which can be withdrawn from the Designated


Bank Account under this certificate.

This certificate is being issued for RERA compliance for


the Company [Promoter’s Name] and is based on the
records and documents produced before me and
explanations provided to me by the management of the
Company.

Yours Faithfully,

Signature of Chartered Accountant (Membership Number………….)


Name________________________________
(ADDITIONAL INFORMATION FOR ONGOING PROJECTS)

Sr. Amount (₹)


No. Particulars Estimate Incurred
Estimated Balance Cost to Complete the Real Estate Project
(Difference of Total Estimated Project cost less Cost
incurred)
1. (calculated as per the Form IV )
Balance amount of receivables from sold apartments
(as per Annexure A to this certificate(as certified by
Chartered
Accountant as verified from the records and books of
2. Accounts)
(i) Balance Unsold area (to be certified by Management and
to be verified by CA from the records and books of accounts)
(ii) Estimated amount of sales proceeds in respect of unsold
apartments (calculated as per ASR multiplied to unsold area
as on the date of certificate, to be calculated and certified
3. by CA)as per Annexure A to this certificate
4. Estimated receivables of ongoing project. Sum of 2 + 3 (ii)
Amount to be deposited in Designated Account – 70% or
100%
If 4 is greater than 1, then 70 % of the balance receivables
of ongoing project will be deposited in designated Account
If 4 is lesser than 1, then 100% of the of the balance
receivables
5. of ongoing project will be deposited in designated Account

This certificate is being issued for RERA compliance for the Company [Promoter’s Name] and is
based on the records and documents produced before me and explanations provided to me by the
management of the Company.

Yours Faithfully,

Signature of Chartered Accountant,

(Membership Number-----------------)

Name______________________
Annexure A
Statement for calculation of Receivables from the Sales of the Ongoing Real Estate Project
Sold Inventory

Sr. Flat No. Carpet Unit Consideration Received Balance


No. Area (in as per Amount Receivable
sq.mts.) Agreement/Letter
of Allotment

(1) (2) (3) (4) (5) (6)

(Unsold Inventory Valuation)


Ready Reckoner Rate as on the date of Certificate
of the Residential/Commercial premises Rs. _________ per sq.mts.

Sr.No. Flat No. Carpet Area Unit Consideration as per Read


Reckoner
(in sq.mts.)

01 02 03 04
FORM No. 4

[See Regulation 9 (1)]


ON THE LETTER HEAD OF CHARTERED ACCOUNTANT, in practice, (who is the
Statutory Auditor
ANNUAL REPORT ON STATEMENT OF ACCOUNTS

To [NAME AND ADDRESS OF PROMOTER]

SUBJECT: Report on Statement of Accounts on project fund utilization and withdrawal by


[Promoter] for the period from _______ to ______with respect to Bihar RERA
Reg. Number__________________________________

_
1. This certificate is issued in accordance with the provisions of the Real Estate (Regulation and
Development) Act, 2016 read along with the Bihar Real Estate (Regulation and Development)
Rules, 2017.
2. I/We have obtained all necessary information and explanation from the Company, during the
course of our audit, which in my/our opinion are necessary for the purpose of this certificate.
3. I/We hereby confirm that I/We have examined the prescribed registers, books and documents,
and the relevant records of [Promoter] for the period ended ________ and hereby certify that:
i. M/s______________________ (Promoter) have completed ________% of the project
titled _________________________(Name) Bihar RERA Reg.
No._________________ located at ________________________
ii. Amount collected during the year for this project is Rs. ___________________ and
amounts collected till date is Rs. _______________________
iii. Amount withdrawn during the year for this project is Rs. _________________ and
amount withdrawn till date is Rs. _____________________
4. I/We certify that the [Name of Promoter] has utilized the amounts collected
for____________________________ project only for that project and the withdrawal from the
designated bank account(s) of the said project has been in accordance with the proportion to
the percentage of completion of the project.
(If not, please specify the amount withdrawn in excess of eligible amount or any other
exceptions).

(Signature and Stamp/Seal of the Signatory CA)


Place: Name of the Signatory:
Date: Full Address:
Membership No:
Contact No:
Email:
FORM No. 5
[See Regulation 22]

IN,

THE BIHAR REAL ESTATE REGULATORY AUTHORITY,


AT PATNA.

Authorisation/ Vakalatnama For

RERA/ Complaint/ Suo-Motu/Execution No.____________________

In the matter of ..............................................................................Petitioner(s)/Complainant

V/s

........................... …………………...…Respondent(s)/ Opposite Party(s)

Memo of Authorisation

I /We-------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------
the petitioner/respondent above named do hereby nominate, appoint and constitute------------------------
----------------------------------------------------------------Advocate/s bearing License No----------------------
----------------------------------------------------------------,Place of sitting and Mobile No----------------
Email ID:--------------------------------------------to act, plead and appear on my/our behalf in the aforesaid
matter.
IN WITNESS WHERE OF, I/We have set and subscribed my/ our hands to this writing on this --------
----------------------------------------------------day of ------------------------------

(Signature of Advocate)

(Signature of Client)
Place____________Date_________
FORM No. 6
[Regulation 24(2)]

BEFORE THE BIHAR REAL ESTATE REGULATORY AUTHORITY

Application for inspection/obtaining copies of documents/records

I hereby apply for grant of permission to inspect/obtain copies of the following documents / records
in the above case. The details are as follows:

1. Name and Address of the person seeking permission to inspect/obtain copies of the
documents/records. __________________________________________________
2. Whether he is party to the case or he is the authorized representative of any party.
[Furnish necessary particulars] ________________________________________
3. Details of papers/documents sought to be inspected/copies required.__________
4. Date and duration of the inspection sought_______________________________
5. The amount of fee payable (as per relevant Regulations) and the mode of payment

Place :
Signature
Date: Name:
Address:
Mob. No:
Office Use
Granted inspection on __________________ / Rejected
Granted copies of documents on __________/Rejected

Secretary / Officer/ Nominee of the Authority

————————————————————————————————————————

By order of The Chairman, RERA, Bihar

Secretary, RERA, Bihar, Patna


FORM-7 [REGULATION-9]

Quarterly Progress Report for t h e Quarter ending


3 1 March/30
s t th June/30 th Sept. /31st December
of_________(year)

I. PARTICULARS OF PROMOTERS
Promoter’s Registration Name of the Remarks
Number/CIN No/ Registration no. Promoter’s Entity
of the Partnership firm/LLP
Identification number/Any other
Address of the Promoter’s Entity :
Total Experience of the Promoter
in Real Estate Sector
(In completed years)
Total Experience in Real Estate
Sector after commencement of
RERA.
(In completed years)
No. of Projects done before 1. Residential
2. Commercial
commencement of RERA
3. Residential- cum
Commercial
4. Plotted project

No. of Project done after 1. Residential


commencement of RERA 2. Commercial
3. Residential- cum
Commercial
4. Plotted project

II. PARTICULARS OF PROJECT


Project Registration Number Name of Project

Name of Promoter Project Address


Project Registration is valid upto
Starting date of Project

Type of Project 1. Residential


2. Commercial
3. Residential-
cum-Commercial
4, Plotted project

Name of the Competent Authority


which sanctioned the project map

Period of validity of map as granted


by the Competent Authority
concerned
III. DISCLOSURE OF BOOKED INVENTORY OF APARTMENTS
Building/ Apartment/ Carpet Total Number Total Total Total Total
Block Unit Type Area of sanctioned Number of Number of Number of Number of
Number apartments/ Apartments Apartments Apartments Apartments
unit-wise in in in in
Promoter’s Promoter’s Landowner’s Landowner’s
share – share – share share
Booked Agreement Booked Agreement
for sale for sale
Executed Executed
1-BHK
2-BHK
3-BHK
4-BHK and
over
shop
Office Space
Bunglow
Plots (In
case of plots
specific area
of plot must
be
mentioned )
Total % of total % of total % of total % of total
Carpet units units units units
Area

IV. DETAILS OF ASSOCIATION OF ALLOTTEES :


Mandatory in case the booking percentage exceeds 50% of the total sanctioned
flats/plots/buildings/commercial space

The details of the Association of Allottees need to be provided in the proforma of Association of Allottees
attached with this Form.

V. CANCELLATION OF FLAT ALLOTMENT, IF ANY WITH FLAT


NUMBER/BUNGALOW /PLOT NO. /OFFICE SPACE/SHOP/ETC.

(A) Cancelled by Allotees (B) Cancelled by Promoters


Flat No. /Plot no. /Shop No./Etc. : Flat No. /Plot no. /Shop No./Etc. :

*Whether notices and reminder of cancellation has


*whether notice and reminder of cancellation was
been served to the Allottees by serving
served to the Promoter by Allottee/s
Yes/No
Yes/No
VI. DISCLOSURE OF BOOKED INVENTORY OF GARAGES/PARKING SPACE

Building Wise /Block Total Number of Sanctioned Total Number of Garages/Parking Space:
Number Garages/ Parking Space
1. Booked/Allotted

VII. DETAILS OF BUILDING APPROVALS


S.No. Name of the Approval/ Issuing Authority Validity up to Attach
N.O.C./Permission/ Copy
Certificate
1. Environment Clearance

2. Fire N.O.C.

3. Airport Authority of India


N.O.C.
4. Water Supply Permission

5. Other Approval(s), if any,


Required for the Project.

VIII. PROGRESS OF THE PROJECT – INTERNAL INFRASTRUCTURE DEVELOPMENT


In case of more than one Block/Building/Apartments/Plots/Bungalow, the details
have to be filled for each Block separately
Percentage of Expected
S. No. Tasks/Activity (2) Actual Work Completion
(1) Done date in
(As on date of (dd/mm/yy)
the Certificate) Format
(3)
1. Excavation (if any)

2. Basements (if any)

3. Podiums (if any)

4. Plinth

5. Stilt Floor

6. Slabs of Super Structure

7. Internal walls, Internal Plaster,


Floorings, Doors and Windows
within Flats /Premises.

8. Sanitary Fittings within the


Flat/Premises, Electrical Fittings
within the Flat/Premises
9. Staircases, Lifts Wells and
Lobbies at each Floor level,
Overhead and Underground
Water Tanks.
10. External plumbing and external
plaster, elevation, completion of
terraces with water proofing of
the Building/Wing.
11. Installation of Lifts, water
pumps, Fire Fighting Fittings
and Equipment as per
prescribed norms.

12. N.O.C, Electrical fittings,


Mechanical Equipment,
compliance to conditions of
environment as per prescribed
norms
13. Finishing to entrance lobby/s
plinth protection, paving of areas
appurtenant to Building/Wing,
Compound Wall and all other
requirements as may be
required to complete project
as per Specifications in
Agreement of Sale.
Any other activities.
14. Overall Percentage of Actual
Work Done and final
completion date

IX. EXTERNAL INFRASTRUCTURE DEVELOPMENT WORKS -


PROGRESS RELATED TO AMENITIES AND COMMON AREA

Percentage Expected
Common Areas and Facilities of actual Completion date
S. Proposed(Yes/No) Work Done in
No. (As on date (dd/mm/yy)
of the Format
Certificate)
(1) (2) (3) (4) (5)
1. Internal Roads & Footpaths

2. Water Supply

3. Sewerage (Chamber,
Line, Septic Tank, STP)
4. Storm Water Drains

5. Landscaping & Tree Planting

6. Street Lighting
7. Community Buildings

8. Treatment and Disposal of


Sewage and Sullage Water
9. Solid Waste Management &
Disposal
10. Water Conservation/Rain
Water Harvesting
11. Energy Management

12. Fire Protection and Fire


Safety Requirements
13. Closed Parking

14. Open Parking

15. Electrical Meter Room, Sub-


Station, Receiving Station

16. Others (Option to Add More)

17 Overall Percentage of Actual


Work Done and final completion
date

X. EXTERNAL AND INTERNAL DEVELOPMENT WORKS IN CASE OF PLOTTED


DEVELOPMENT
PROPOSED PERCENTAGE OF Expected Completion
YES/NO. ACTUAL WORK date in
DONE (As on date (dd/mm/yy)
of certificate) Format
1. Internal Roads and foot paths

2. Water Supply

3. Sewerage Chambers Septic


Tank

4. Drains

5. Parks, Land Scaping and Tree


Planting

6. Street Lighting

7. Disposal of sewage & sullage


water
8. Water conservation/Rain Water
Harvesting
9. Energy Management
XI. FINANCIAL PROGRESS OF THE PROJECT
Particulars Amount (In Rs.)

Project Account No.

Estimated Cost of the Project including Land Cost


at the start of the Project
Estimated Development Cost of the Project at
the start of the Project.(Excluding Land Cost)
Any Variation in Development Cost which is
declared at the start of the Project.
Amount received during the Quarter
Actual Cost Incurred during the Quarter
Net amount at end of the Quarter
Total expenditure on Project till date

Cumulative fund collected till the end of


Quarter in question
Cumulative expenditure done till the end of
Quarter in question
Percentage of Expenditure incurred of the total
Estimated development cost of the project.

XII. DETAILS OF MORTGAGE OR CHARGE IF ANY CREATED/DETAILS OF LOAN


TAKEN BY PROMOTERS AGAINST THE PROJECT, If any

(A) By Bank
(B) By Lenders/etc.
XIII. GEO TAGGED PHOTOGRAPHS
(EACH BLOCK/BUILDING/APARTMENTS/PLOTS/BUNGALOW) OF THE PROJECT
The photograph must have date.
(A) Sr.No.
1. Photographs showing Front Elevation
2. Photographs showing Rear Elevation

3. Photographs showing Side Elevation (Both sides)

4. Photograph of each floor showing the progress of


interior works
5. Photograph of Common Areas (Staircase, Lift Area,
Terrace, Parking, etc.)

B. Sr No
1. Photograph of the display board set up at the project
site providing requisite information along with the
QR code of the project allotted by the Authority

XIV. MISCELLANEOUS
A List of Legal Cases (if any) – Against Project / Promoter
1. (a) Case No.
(b)Name of Parties

Order Passed, if Yes , Whether complied (Yes/No)


2. No. of Execution Cases against this project

(a) Case No.


(b) Name of Parties

Order Passed, if Yes , Whether complied (Yes/No)


3. No. of Suo - Moto cases against this project

(a) Case No.


(b) Name of Parties

Order Passed, if Yes , Whether complied (Yes/No)

4. No. of Certificate cases /PDR cases against this project


(a) Case No.
(b) Name of Parties

Order Passed, if Yes , Whether complied (Yes/No)


XV. PERCENTAGE OF WORK ALONG WITH MILESTONE CHART
a. Whether the project is in progress as per time schedule or lagging behind? Yes/No
b. If yes, whether it would be completed on the completion date fixed as per RC.
Yes/No
c. If No, then Reason for delay:

XVI. BROCHURE /Prospectus: Copy of the brochure/prospectus to be uploaded


with Form 7

XVII.Name of Grievance Redressal Officer nominated by the Promoter whom


allottee can contact in case of any query or grievance

Name :
Contact No :
Email id :
Address :

Undertaking:

I/we solemnly affirm, declare and undertake that all the details stated above are
true to the best of my/our knowledge and nothing material has been concealed.I
am/we are executing this undertaking to attest to the truth of all the foregoing
information and to apprise the Authority of such facts as mentioned as well as for
whatever other legal purposes this undertaking may serve.

Signature of Promoter

Name:

Date:
(Form 8)

Regulation No.32
EXECUTION FORM
[See Order 21 CPC, Section 40 of RERA Act, 2016 & Rule 25/26 of Bihar RERA Rules, 2017.]
APPLICATION FOR EXECUTION BEFORE AUTHORITY/ADJUDICATING OFFICER
Execution Case Under Section 40 read with Rule 25/26.

For use of Regulatory Authority(s) office: Date of


filing:_______________________________________
Date of receipt by the Registry through online filing:__________________Execution Case
No.:__________________Original Complaint
No:_______________________Signature:____________________
Registrar:_____________________________________IN THE REGULATORY
AUTHORITY’S OFFICE (Name of
Place)..........................................__________________________________Complainant (s)
Between_____________________________Respondent(s)
1. Particulars of the Complainant(s)___________________ _
(i) Name (s) of the Complainant ___________________________
(ii) Address of the existing office/residence of the Complainant______________________
(iii) Address for service of all notices:_______________ _______________
(iv) Contact Details (Phone Number, E-mail, Fax Number etc.):_____ ________________
2. Particulars of the Respondent (s) _______________________________________
(i) Name (s) of Respondent ______________________________________
(ii) Office address of the Respondent ________________________________
(iii) Address for service of all notices:___________________________ _________
(iv) Contact Details (Phone number, E-mail, Fax Number
etc.):________________________________
3. Jurisdiction of the Executing District Magistrate (DM)/ Principal Civil
Court___________________ (if required).
The complainant declares that the subject matter of the claim falls within the jurisdiction
of the __________________________ District Magistrate (DM)/ Principal Civil Court.
4. Facts& Date of Original Order/s.__________ _____________________
[Give a concise operating part of the Order]___________________ _______
5. Relief(s) sought:
In view of the facts mentioned in paragraph 4 above, the Complainant prays for the
following relief/s under Section/s___________________________
6. Execution Case pending with any other court, etc.:
The complainant further declares that the matter regarding which this execution petition
has been made is not pending before any court of law or any other authority or any other
tribunal(s)
7. Particulars of online payment and Court Fee in respect of the fee in terms of Rule 25/26 of
the Bihar Real Estate (Regulation & Development) Rules,2017.
(i) Amount-Rs.
(ii) Name of the bank payable at- Account No. 296800101053609, IFSC – PUNB0296800
(iii) Online payment details (IFSC Code & Account No.)-
8. List of enclosures:
(i) Copies of the Final Order relied upon by the Complainant and referred to in the
Execution Case.
(ii) An index of documents.
(iii) Other documents as annexed along with the Execution Case.
Signature of the Complainant(s).
Verification

I_________________ (name in full block letters), Son/Daughter/wife of ____________resident


of village/mohalla - _________________, P.S. - ___________________, District -
_____________, State - __________________, complainant in RERA/CC/.............../..........., do
hereby verify and solemnly affirm that the content of the aforementioned paragraphs are true
to the best of my knowledge and belief and that I have not suppressed any material fact(s).
Place:
Date:
Signature of the Complainant(s) / Executant.
Instructions:
(1) Every Execution case shall be filed in English/Hindi and in case it is in some other Indian
language, it shall be accompanied by a copy translated in English/Hindi and shall be
fairly and legibly type- written, lithographed or printed in double spacing on one side of
standard petition paper with an inner margin of about four centimetres width on top
and with a right margin on 2.5 cm, and left margin of 5 cm, duly paginated, indexed and
stitched together in paper book form.
(2) Every Execution case shall be presented along with an empty file size envelope bearing
full address of the respondent and where the number of respondents are more than one,
then sufficient number of extra empty fill size envelope bearing full address of each
respondent shall be furnished by the party preferring the execution.

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