RERA compliance checklist for landowners

Ask for physical or digitally-signed copies of every item below. A serious builder will provide these in a single indexed folder within a week; a hesitant one is telling you something.

• 1. TNRERA project registration certificate with a valid TN/xx/Building/xxx/xxxx number
• 2. TNRERA-registered agent ID for anyone who will market the flats
• 3. Planning permit from CMDA/DTCP with the approved plan set
• 4. Building permit (separate from planning permit) with validity dates
• 5. Encumbrance Certificate (EC) covering the last 30 years on the land
• 6. Patta and Chitta in the current landowner's name
• 7. Title opinion from a bar-council-registered advocate
• 8. Structural design and Proof Consultant (PC) certification for G+4 and above
• 9. NOCs — Fire Services (above 15m), AAI (near airport), CMWSSB water and sewerage, TNEB electrical
• 10. Environmental clearance if built-up area exceeds 20,000 sq m
• 11. Registered Joint Development Agreement (JDA) with power of attorney limited to the project scope
• 12. RERA-mandated 70 percent escrow account details, with the bank name and account number

Under RERA, 70 percent of the money the builder collects from flat buyers must be deposited into a dedicated project escrow account and can only be withdrawn against a certified architect + engineer + CA construction-progress certificate.

As a landowner, insist your JDA references this account by number and gives you or your CA read-only access. This one clause has saved projects from stalling more times than any other.

TNRERA can freeze the project, force refunds to buyers, impose penalties up to 10 percent of project cost, and in extreme cases, hand the project to a resolution professional. Your JDA should give you a first right to complete the project through another builder if TNRERA action is initiated.

Any of these signals means you should not sign this MoU, regardless of the split offered:

• TNRERA number that fails to resolve on tnrera.in
• Builder insists on unregistered POA or 'notarised' JDA (only sub-registrar registration counts)
• Escrow account is a general current account of the builder's parent firm
• Planning permit is 'in process' but marketing has already started
• Architect or PC has been changed twice on the same project

Beyond the 12 documents, the process itself matters. TNRERA project registration must precede any marketing activity, including brochures, hoardings and Instagram teasers. The moment a builder posts a rendered image with a price, RERA is triggered — and if the project isn't yet registered, the builder is in violation and you as the landowner are exposed by association. Ask for the TNRERA registration receipt (not just the certificate) with the date stamp before any marketing begins.

The Joint Development Agreement itself should be registered with the sub-registrar's office within four months of execution to be enforceable in a Tamil Nadu civil court. Notarised copies are useful during negotiations but confer no legal protection. Stamp duty on a JDA in Tamil Nadu is a nominal ₹100, and registration fees are 1 percent of the land's guideline value — a small price for a document that governs a multi-crore asset.

The Power of Attorney (POA) accompanying the JDA is where most disputes originate. Insist on a scope-limited, registered POA that authorises the builder only to obtain approvals and sell builder-share flats — not to mortgage the land, not to enter into further JVs, and not to sell the landowner-share flats. A general POA is a red flag; a project-scoped registered POA is the standard.

Some builders — usually smaller local outfits — will argue that RERA registration is 'in progress' and can happen after the JDA is signed. This is legally incorrect for any project above 500 sq m plot area or 8 units. If you hear this, ask for the TNRERA application acknowledgement number and check it on tnrera.in yourself. No number, no signature — this rule alone would prevent 70 percent of the RERA disputes that reach the authority every year. See how we verify RERA compliance on every builder before we recommend a JV.

If you've already signed and only later discovered gaps in compliance, TNRERA offers a landowner grievance mechanism at tnrera.in/complaints. Filing takes about 20 minutes; typical resolution is 60-90 days. Our legal desk and vetted advocates can help draft the complaint and represent you at the hearing, and our free land valuation will re-verify the 12-document folder before you commit to any next-step builder.