Taxmann Karnataka RERA Law & Practice By Ramesh S. Prabhu, Vinay Thyagaraj Edition June 2024

Taxmann Karnataka RERA Law & Practice Edition 2024

Taxmann Karnataka RERA Law & Practice Edition 2024

Karnataka RERA | Law & Practice marks its debut as an authoritative guide in the field of real estate regulation and development specific to Karnataka. It addresses multiple practice areas such as registration, certification, and compliance and includes various legal provisions, Standard Operating Procedures (SOPs), FAQs, and judicial rulings to ensure relevance and practical utility. Besides RERA-specific content, the book also analyses peripheral subjects affecting real estate transactions, such as Income Tax, GST, and consumer protection laws, enriching the practitioner’s knowledge and application in real estate sector dealings.

This book is designed to aid new entrants and seasoned practitioners; the manual acts as both a guide and a reference tool, especially for those representing clients before regulatory authorities and tribunals.

The Present Publication is the 1^st Edition, authored by the study group of industry experts & representatives from all stakeholders. It is edited by esteemed Chartered Accountants Ramesh Prabhu and Vinay Thyagaraj. The noteworthy features of the book are as follows:

• [Content and Structure] The book is divided into multiple chapters that cover crucial areas such as:
  • Registration
  • Certification
  • Quarterly Updates
  • Annual Audits
  • Other Compliances under RERA
• [Practical Tools] It includes practical tools like:
  • Standard Operating Procedures (SOPs)
  • Frequently Asked Questions (FAQs)
  • Judicial Rulings
• [Dynamic and Adaptable Content] Recognising the evolving nature of legal and regulatory frameworks, this book includes various legal aspects, formats, drafts, and specimens as ready references, which practitioners can adapt based on specific circumstances.
• [Legal and Peripheral Subjects] Beyond the core RERA provisions, the manual also addresses related legal areas such as Income Tax, GST, Insolvency and Bankruptcy, consumer protection, FEMA, etc. This broad scope will enhance the practitioner’s understanding of real estate sector dynamics.
• [Practical Application] Various formats, drafts, and specimen documents are included to serve as ready references for practitioners who need to adapt their approaches based on specific circumstances and the relief sought.
• [Inspiration from Other Regions] Drawing inspiration from Maharashtra’s RERA implementation, the authors have included comparative analyses and references to broaden understanding and offer a more nuanced view of real estate regulation and development.

The detailed contents of the book are as follows:

• General Overview and Legal Framework
  • This section introduces the Real Estate (Regulation and Development) Act, 2016, offering a deep dive into its inception, development, and implementation specific to Karnataka.
  • It analyses the objectives of RERA, the deficiencies it aims to address in the real estate sector, and the structural setup of the regulatory authorities, including the Real Estate Regulatory Authority and the Real Estate Appellate Tribunal.
  • It provides detailed insights into the powers, roles, and functions of the Central Advisory Council.
• From the Promoter’s Perspective
  • The book examines the role of promoters under RERA, detailing their responsibilities and the legal prerequisites for the registration of real estate projects.
  • It covers the entire registration process, the required documents, financial planning strategies, and operational procedures, including account management as per RERA mandates.
  • Furthermore, it addresses the nuances of project transfer, modifications, extensions, and the implications of external factors like the COVID-19 pandemic on project execution.
• Real Estate Agents Compliance and Operations
  • Focusing on real estate agents, this part outlines the registration process, their responsibilities, and the impact of RERA on their business practices.
  • It includes an overview of changes in the business landscape, compliance requirements concerning anti-money laundering, and counter-terrorism financing guidelines.
• Allottees and Associations’ Rights and Responsibilities
  • This section discusses the rights and duties of allottees, detailing procedures for the revocation of project registration and methods for reviving stalled projects.
  • It also discusses financial instruments such as SWAMIH Funds aimed at aiding real estate investments and operational details regarding the associations of allottees.
• Professional Insights for CAs, Advocates, Engineers, Architects
  • This section comprehensively covers the roles and responsibilities of professionals such as chartered accountants, advocates, engineers, and architects under RERA.
  • This includes specific documentation processes, quality assurance, defect liabilities, and auditing practices as mandated by KRERA.
• Dispute Resolution Mechanisms
  • This section explains the procedures for handling complaints, filing appeals, and conducting second appeals, including executing orders under RERA and the Code of Civil Procedure, 1908.
  • This part provides insights into the judicial processes of enforcing and challenging regulatory decisions.
• Tax Implications for Real Estate Transactions
  • This section analyses the income tax and GST implications for real estate transactions, providing clarity on financial obligations and tax planning for stakeholders within the real estate sector
• Allied Legal Frameworks
  • This section thoroughly explains other significant legal frameworks intersecting with RERA, such as the MRTP, DCPR, IBC, and consumer protection laws.
  • It also reviews landmark judgments and discusses the strategic importance of these laws in real estate practices.
• Miscellaneous Legal Considerations:
  • This part assesses the constitutional validity of RERA, analysing various judgments and their implications for the real estate sector.
• Regulatory Documents and Guidelines:
  • This section provides a detailed presentation of the Real Estate Act, rules, and regulations as they apply within Karnataka, including administrative orders and specific banking directions relevant to real estate transactions.
• Circulars and Notifications from KRERA:
  • This section is a compilation of circulars and notifications issued by the Karnataka Real Estate Regulatory Authority, ensuring readers are up-to-date with the latest regulatory communications.

About the author

Ramesh S. Prabhu

Ramesh S. Prabhu is a distinguished Mumbai-based Chartered Accountant and public figure with over twenty-two years of experience in the field, including a certification in CISA (USA). Renowned as the Architect of Deemed Conveyance, he specialises in the Cooperative Housing sector.

He has authored approximately 60 books addressing various operational aspects of housing societies, such as conveyance, flat transfers, parking, repairs, member dues management, and tax-related matters. These publications were officially released at the 2006 Housing Society Expo in Mumbai by the Ministry of Cooperation, Government of Maharashtra. Further contributing to his field, CA. Prabhu has compiled a series of 101 Judgment Books for housing society members and office bearers, covering diverse topics.

In 2008, he was appointed by the Maharashtra government to a committee tasked with framing legislation on Deemed Conveyance, which led to a bill that was ultimately enacted and endorsed by the President of India.

Vinay Thyagaraj

Vinay Thyagaraj is a prominent Chartered Accountant with over two decades of expertise in Real Estate, Direct Taxation, Business Structuring, and Financial Consulting. He has built a notable practice in Bengaluru and leads a skilled team that delivers comprehensive services to a diverse clientele. As the co-founder and partner of Venu & Vinay Chartered Accountants, Vinay has guided the firm’s expansion from Bengaluru to major Indian cities such as Mumbai, Hyderabad, Chennai, and Anantapur.

Vinay holds a degree in Commerce, qualifications as a Chartered Accountant, and a Law degree, demonstrating a robust academic foundation. He has further enriched his knowledge with certifications from the Institute of Chartered Accountants of India (ICAI) in areas such as Information Systems Audit (DISA), Diploma in Insurance and Risk Management (DIRM), and courses on anti-money laundering and Benami Laws. His extensive training and diverse expertise significantly enhance his leadership and client service approach.