Short Answer

Yes, there is a RERA step when a society transitions from builder control to member control.

Detailed Explanation

As per Section 3 of the Gujarat RERA Act, 2016, it is mandatory for promoters (builders) to register their real estate projects with the Real Estate Regulatory Authority (RERA) before advertising or selling any plots, apartments, or buildings. This registration ensures transparency and accountability in the real estate sector. When a society transitions from builder control to member control, the responsibility of RERA compliance shifts to the society members who take over the management.

Additionally, Rule 4 of the Gujarat RERA Rules, 2017, specifies the duties of promoters, including providing all necessary documents and information to the society during the transition phase. Society members need to ensure that the builder has fulfilled all obligations under RERA before taking control. They should also verify the RERA registration status of the project and ensure that all necessary approvals and documents are in place.

In practice, society members should conduct a thorough audit of the project's compliance with RERA regulations before assuming control. They should review all project documents, agreements, approvals, and financial statements to ensure that the builder has adhered to RERA guidelines. Any discrepancies or non-compliance should be addressed promptly to avoid legal issues in the future.

Real-world Scenarios

• Scenario 1: A housing society in Gujarat is transitioning from builder control to member control. The society members discover that the builder has not registered the project under RERA. They file a complaint with the RERA authority and seek guidance on the necessary steps to rectify the situation.

• Scenario 2: During the transition phase, the society members find discrepancies in the project's financial statements provided by the builder. They consult with a legal expert to understand their rights under RERA and take appropriate action to address the issue.

• Scenario 3: Society members take over control from the builder and realize that certain amenities promised by the builder are not in place. They refer to the RERA registration documents to verify the commitments made by the builder and initiate discussions for the fulfillment of those promises.

Reference

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

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