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Property Related Laws Uttar Pradesh Department of Housing and Urban Development Real Estate (Regulation and Development) Act, 2016

Uttar Pradesh Real Estate Regulatory Authority issues notification regarding promoters issuing offer of possession after they have received Occupancy or Completion certificate from the appropriate authority

29-May-2024 | 7316/U.P. RERA/Admn./2024-25

The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) via notification dated 29th May 2024 has issued notification regarding promoters issuing offer of possession after they have received Occupancy or Completion certificate from the appropriate authority as per the provisions of Real Estate (Regulation and Development) Act, 2016 and rules made thereunder. The notification highlights various problems that have been observed in promoters getting occupancy or completion certificates and then later problems have also been observed in promoters issuing offer of possession to the allottee. Thus, the notification has made certain action mandatorily to be followed by the promoter once they have received the occupancy or completion certificate. The promoters are required to: 1) Send a written letter of offer of possession to the allotee by registered email and to residential address as well. The same shall be sent to phone and SMS to the allotee. 2) "Offer of Possession" will be clearly mentioned on the title of the letter related to Offer-of-Possession. Demand Notice, Final Demand Notice, Final Demand Notice and Offer of Possession or similar suspicious language should be sent using Any letter sent will not be considered as a letter related to offer-of-possession and action will be taken considering it as a violation of the provisions of The Uttar Pradesh Real Estate (Regulation And Development) (Agreement For Sale/Lease) Rules, 2018. 3) After receiving the letter, the liability will fall on the allottee. The notice also provides for strict compliance of this order as violation may lead to punishment as per RERA 2016. For more details, please find attached the notification.

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