" Circular on Ongoing Projects - Amendment to Telangana Real Estate (Regulation & Development) Rules, 2017"

GOVERNMENT OF TELANGANA
TELANGANA REAL ESTATE REGULATORY AUTHORITY, HYDERABAD
CIRCULAR
Circular No.607 /2025/TGRERA

Subject:
Ref:

Date: 04. 03.2025

Amendment to Telangana Real Estate (Regulation & Development)
Rules, 2017 – reg
1. Real Estate (Regulation and Development Act,2016.
2. G.O.Ms.No.202 MA&UD (M1) Dept. dated 31.07.2017
3. G.O.Ms. No.60 MA&UD Dept dated 04.03.2025

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The Government of India enacted the Real Estate (Regulation and Development) Act,
2016 (hereinafter referred to as the "RE(R&D) Act, 2016"), which came into force on
01.05.2017
2.

The Government of Telangana, in exercise of powers conferred under Section 84 of the

RE(R&D) Act, 2016, notified the Telangana Real Estate (Regulation & Development) Rules,
2017 (hereinafter referred to as the "TG (RE(R&D)Rules, 2017") vide G.O.Ms.No.202,
MA&UD (M1) Dept., dated 31.07.2017.
3.

This Authority has received complaints highlighting inconsistencies between the

definition of “Ongoing Project” as provided under Section 3(1) of the RE(R&D) Act, 2016, and
the provisions of Rule 1(2) and Rule 2(1)(j) of the Telangana RE(R&D) Rules, 2017.
4.

The Hon’ble Supreme Court in the matter of Newtech Promoters and Developers Pvt.

Ltd. v. State of Uttar Pradesh & Ors. (LL 2022 SC 641) has upheld that all real estate projects
that commenced prior to the enactment of the RE(R&D) Act, 2016, but have not obtained a
Completion Certificate shall fall within the purview of the Act. The Hon’ble Court further
affirmed that the legislative intent of the Act is to bring all ongoing projects within its ambit to
protect the interests of all stakeholders, including allottees, homebuyers, promoters, and real
estate agents.
5.

As it is a settled principle of law that Act prevails over Rules, and in compliance with

the legal precedents, this Authority has passed orders affirming that projects lacking a
Completion Certificate or an Occupancy Certificate as on the date of enforcement of the

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In order to align the Telangana RE(R&D) Rules, 2017, with the provisions of the

RE(R&D) Act, 2016, and in view of the directions issued by the Government of Telangana vide
G.O.Ms. No.60, MA&UD Dept., dated 04.03.2025; the following amendments are hereby
incorporated into the Telangana RE(R&D) Rules, 2017:
(1) Substitution of Rule 1(2):
The existing Rule 1(2) of the Telangana Real Estate (Regulation & Development)
Rules, 2017, shall be substituted with the following:
“These Rules are applicable to all Real Estate Projects for which the
completion certificate has not been issued as on the date of coming into
force as stipulated in sub-section (1) of section 3 of the Real Estate
(Regulation &Development) Act,2016 by the Competent Authorities viz.,
UDAs/DTCP/Municipal
Corporations/Municipalities/NagarPanchayats/TGIIC.”
(2) Substitution of Rule 2(1)(j):
The existing Rule 2(1)(j) of the Telangana Real Estate (Regulation & Development)
Rules, 2017, shall be substituted with the following:
“Ongoing Project" means a Project where development is going on and
for which Occupancy Certificate or Completion Certificate from the
Competent Authority has not been issued as on the date of coming into
force as per sub-section (1) of section 3 of the Real Estate (Regulation &
Development) Act, 2016.”
9.
All promoters are hereby directed to take note of the above amendments and ensure
compliance
(As approved by the Authority)

SdSECRETARY
TG RERA

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