Short Answer

Yes, initiating redevelopment plans after being dissatisfied with a builder can affect RERA rights.

Detailed Explanation

Section 3 of the Gujarat RERA Act, 2016 defines the rights and duties of the promoter, including the obligation to register the real estate project with the Real Estate Regulatory Authority (RERA) before advertising or selling. If a society initiates redevelopment plans due to dissatisfaction with the builder, it may impact the RERA rights as the new project may need fresh registration under RERA. This can lead to delays, additional compliance requirements, and potential legal implications.

Rule 3 of the Gujarat RERA Rules, 2017 specifies the procedure for registration of real estate projects with RERA, including the documents required and the timelines involved. If the society decides to change builders or alter the project significantly during redevelopment, it could trigger the need for a fresh registration under RERA. This process can be time-consuming and may result in further delays in project completion.

In practical scenarios, if a society decides to undertake redevelopment due to builder dissatisfaction, they must ensure compliance with RERA regulations to protect the rights of all stakeholders involved. Failure to adhere to RERA requirements can lead to penalties, project stoppages, or legal disputes. The step-by-step process would involve assessing the impact of redevelopment on existing RERA registration, determining the need for fresh registration, and completing the registration process as per RERA guidelines.

Example 1: ABC Society decides to initiate redevelopment plans after facing delays and quality issues with the current builder. They realize that the new project will significantly differ from the original plan and may require fresh registration under RERA. The society consults legal experts to understand the implications and proceeds with the necessary registration process to comply with RERA regulations.

Example 2: XYZ Society confronts financial irregularities and breaches of agreement by the builder, prompting them to consider redevelopment options. However, they are aware that any changes to the project scope or builder selection may impact their existing RERA registration. To safeguard their RERA rights, XYZ Society seeks guidance from RERA authorities and legal advisors to navigate the registration requirements effectively.

Reference

• Gujarat RERA Act, 2016: https://gujrera.gujarat.gov.in/

• Gujarat RERA Rules, 2017: https://gujrera.gujarat.gov.in/