Who is the Promoter?
The Promoter is a legal entity / persons who construct buildings consisting of apartments for the purpose of selling them to others. Constructing buildings are not enough for a person to fall under the definition of the Promoter, but the building also needs to be constructed with an intention to sell the constructed area to other people. Not only this but the assignees of the development rights also fall under the definition of Promoter. The landowner who develops his land through a Developer or an Investor who invests in a real estate project on an area or revenue sharing basis are also covered under the ambit of the term ‘Promoter’. Also, a person who develops a land into a project for the purpose of selling it to other persons is also included in the definition of ‘Promoter’. In such cases, the Promoter / Developer of the real estate project has to disclose such Landowner / Investor as the ‘Promoters’ of the real estate project. It is not necessary that the person who develops a land is the person who promote the project, they can be two separate persons, and, in such case, both are the Promoters of the real estate project and both of them shall be shown as promoters of such project. A person who converts an existing building into apartments for the purpose of selling it to other persons shall also be a promoter i.e., a person re-developing an existing building or part thereof for the purpose of selling it shall be construed as ‘Promoter’. There might be a case where one person shall be responsible for constructing or converting building into apartments and other person shall be responsible for the selling of the apartments or plots to other persons then in such circumstances, both the persons shall be considered as the Promoter of the real estate project as per provisions of RERA. Maharashtra Real Estate Regulation Authority (MahaRERA) vide its Circular No.12 dated 04.12.2017 have clarified that the Developer enters into an arrangement with the Landowners / Investors by which they become entitled to area sharing or revenue sharing in a real estate project, hence, in light of object and purpose of the Act they shall be treated as ‘Promoters’. Therefore, they are to be held jointly and severally for the functions and responsibilities under RERA of the Promoter who actually seeks necessary approvals for the project.
