the Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has instructed promoters to ensure they possess legal title over the land before applying for UP-RERA project registration. If the land is not in the promoter’s ownership but belongs to another person, the promoter must obtain the landowner’s consent for project development and have a registered joint development agreement with the landowner.
UP-RERA has also mandated promoters to submit an affidavit confirming that the project land is free from encumbrances and to disclose any encumbrances on the land. Sanjay Bhoosreddy, chairman of UP-RERA, emphasized that promoters must obtain the Completion Certificate (C.C.)/Occupancy Certificate (O.C.) of the project and transfer unit titles to allottees through registered sale or sub-lease deeds.
These directives are crucial because without legal title over the project land or the landowner’s consent and a registered JDA, promoters cannot legally transfer titles to allottees or their shares in the project land. This also complicates UP-RERA’s decision-making on project registration applications when promoters lack legal land titles or consent from landowners.
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