Separate bank account and withdrawal control
Seventy per cent of amounts realised from allottees must be deposited in a separate project account for land and construction cost, with withdrawal linked
Finin2min summary
Seventy per cent of amounts realised from allottees must be deposited in a separate project account for land and construction cost, with withdrawal linked to completion and professional certification.
Legal anchors
- Section 4(2)(l)(D)
- State rules, circulars and certificate formats
- MoHUA official FAQs
How to analyse it
- Open a project-specific account.
- Reconcile collections to deposits.
- Obtain engineer, architect and CA certificates before withdrawal.
- Complete annual audit within the statutory period.
Practical illustration
A promoter collects ₹100 crore and deposits ₹70 crore. Withdrawals should follow certified percentage of completion and permitted land/construction cost, not group cash needs.
What can go wrong?
- Calling it a discretionary escrow
- Withdrawing before certification
- Inter-project transfers
Evidence pack
- Bank statements
- Collection reconciliation
- Professional certificates
- Annual audit report
Decision workflow
- Freeze the facts and effective date.
- Identify the controlling Act, rule, notification, circular and jurisdictional overlay.
- Prepare a calculation or exposure note.
- Collect the evidence pack before filing, payment, signing or response.
- Record reviewer conclusion and assumptions.
Quick Q&A
Is the result automatic?
No. Open a project-specific account.
What is the most important control?
Complete annual audit within the statutory period.
What should be escalated?
Calling it a discretionary escrow, especially where money, deadlines, enforcement, personal liability or irreversible transaction steps are involved.
Official source trail
- Real Estate (Regulation and Development) Act, 2016 — India Code
- India Code RERA browse page
- MoHUA RERA resource page
- MoHUA RERA FAQs
Secondary commentary may help interpretation, but it is not the source of law.