RERA

1. Real Estate (Regulation& Development)
Act, 2016
Samriddh Gupta
Vasundhara Singh Gautam

2. Real Estate and the housing sectors were highly unregulated sectors
Lack of transparency in projects
No proper information about the builder
Lack of remedies available to the buyers
To protect the interest of consumers in the Real Estate Sector and to establish an adjudicating mechanism for speedy dispute
redressal.

3.  The Real Estate (Regulation and Development) Act, 2016 is an Act of the Parliament of
India which seeks to protect home-buyers as well as help boost investments in the real estate
industry.
 The bill was passed by the Rajya Sabha on 10th March, 2016 and by the Lok Sabha on 15 March
2016.
 The Act came into force from 1 May 2016 with 69 of 92 sections notified.
 The Central and state governments are liable to notify the Rules under the Act within a statutory
period of six months.
 Applicable to whole of India except Jammu and Kashmir
 Real estate regulatory authority (RERA) is the governing authority.
 The law is not Retrospective.
INTRODUCTION

4. SALIENT FEATURES
 Establishes the State Real Estate Regulatory Authority for that particular state as the government body to
be approached for redressal of grievances against any builder.
 Vests authority on the real estate regulator to govern both residential and commercial real estate
transactions.
 It is mandatory for developers to post all information on issues such as project plan, layout, government
approvals, land title status, sub-contractors to the project, schedule for completion with the State Real
Estate Regulatory Authority (RERA) and then in effect pass this information on to the consumers.
 The current practice of selling on the basis of ambiguous super built-up area for a real estate project is
declared illegal.
 Carpet area has been clearly defined.
 Punishment for developer who violates the order of the appellate tribunal of the RERA is three years with
or without a fine.
 Currently, if a project is delayed, then the developer does not suffer in any way. Now, the law ensures that
any delay in project completion will make the developer liable to pay the same interest as the EMI being
paid by the consumer to the bank back to the consumer
 The developer cannot make any changes to the plan that had been sold without the written consent of the
buyer.
 This puts paid to a common and unpopular practice by developers to increase the cost of projects.
 Every project measuring more than 500 square metres or more than eight apartments will have to be
registered with the RERA.
 The law mandates every builder to keep 70% of collection from every project in Separate Bank Account.

5. REGISTRATION
Who is liable to get Registration from RERA?
 All commercial real estate projects where the land is over 500 square metres.
 All residential real estate projects where the land is over 500 square meters or eight apartments, to register with
the Real Estate Regulatory Authority (RERA) for launching a project.
 For on-going projects which have not received completion certificate on the date of commencement of the Act,
will have to seek registration within 3 months.
 Real estate agents who facilitate selling or purchase of properties must take prior registration from RERA.
 Such agents will be issued a single registration number for each State or Union Territory, which must be
quoted by the agent in every sale facilitated by him.
What is the Process of Registration?
 Applicant has to file an application for registration with RERA in prescribed form along with prescribed fees
and documents.
 Application for registration must be either approved or rejected within a period of 30 days from the date of
application by the RERA.On successful registration, the promoter of the project will be provided with a
registration number, a login id and password for the applicants to fill up essential details on the website of the
RERA.
What is the penalty for failure to get register?
 A penalty of up to 10 percent of the project cost or three years' imprisonment may be imposed.

6. REGISTRATION
4. Consequence
1. Debar the promoters from accessing the its website in
relation to that project
2. Specifying his name in list of defaulters
3. Display his photograph on its website and inform the other
RERA.
4. Direct the bank to freeze the account
1. Time limit for registration
For ongoing Projects – 3 months from commencement of this
Act
For new projects - 30 days
3. Revocation
1. On complaint
2. Suo moto
Where promoters makes default or violates any terms or
conditions of the approval or promoters involved in any kind
of unfair practice.
2. Exceptions
1. Area of land < 500 Sq. Meters
2. No. Of apartments < 8
3.In case of Renovation/ Repair/Re-development
Registration

8. PROTECTION OF BUYERS
 The Act prohibits unaccounted money from being pumped into the sector.
 As now, 70 per cent of the money has to be deposited in bank accounts through
cheques.
 A major benefit for consumers included in the Act is that builders will have to
quote prices based on carpet area and not super built-up area
 Carpet area has been clearly defined in the Act to include usable spaces like
kitchen and toilets.

9. REAL ESTATE REGULATORY
AUTHORITY AND APPELLATE TRIBUNAL
 Establishment of State-level Real Estate Regulatory Authorities (RERAs) to regulate
transactions related to both residential and commercial projects
 RERAs will ensure timely completion and handover of projects.
 Appellate Tribunals will now be required to adjudicate cases in 60 days as against the
earlier provision of 90 days
 Regulatory Authorities has to dispose of complaints in 60 days while no time frame was
indicated in earlier Bill.

10. The Union Ministry Of Housing And Urban Poverty
Alleviation issued a notification on April 19, 2017
announcing that sections 3-19, 40, 59-70, 79 and 80 of the
Real Estate (Regulation and Development) Act, 2016, shall
come into force on May 1, 2017....

11.  These measures are expected to boost domestic and foreign investment in the sector and help achieve the
objective of the Government of India to provide ‘Housing for All by 2022’, through enhanced private
participation.
The Bill ensures mandatory disclosure by promoters to customers through registration of real estate projects
as well as real estate agents with the Real Estate Regulatory Authority.
The Bill aims at restoring confidence of the general public in the real estate sector; by instituting transparency
and accountability in real estate and housing transactions. This in turn will enable the sector to access capital
and financial markets essential for its long term growth.
The Bill will promote orderly growth through consequent efficient project execution, professionalism and
standardization.
The Bill is expected to ensure greater accountability towards consumers, and to significantly reduce frauds
and delays.
The Bill is also expected to promote regulated and orderly growth through efficiency, professionalism and
standardization. It seeks to ensure consumer protection, without adding another stage in the procedure for
sanctions.
FUTURE IMPLICATIONS OF THE AMMENDMENT

12. (a). Applicability of the Bill: The proposed initial Bill was applicable for residential real estate. It is now proposed to cover both
residential and commercial real estate;
(b). Establishment of Real Estate Regulatory Authority: Establishment of one or more ‘Real Estate Regulatory Authority’ in each
State/ Union Territory (UT), or one Authority for two or more States/UT, by the Appropriate Government for oversight of real estate
transactions,
To appoint one or more adjudicating officers to settle disputes and impose compensation and interest;
(c). Registration of Real Estate Projects and Registration of Real Estate Agents: Mandatory registration of real estate projects and
real estate agents who intend to sell any plot, apartment or building, with the Real Estate Regulatory Authority;
(d). Mandatory Public Disclosure of all project details: Mandatory public disclosure norms for all registered projects such as details
of promoters, project, layout plan, plan of development works, land status, status of statutory approvals and disclosure of proforma
agreements, names and addresses of real estate agents, contractors, architect, structural engineer etc.;
(e). Functions and Duties of Promoter:
· Disclosure of all relevant information of project;
· Adherence to approved plans and project specifications;
· Obligations regarding veracity of the advertisement for sale or prospectus;
· Rectify structural defects;
· Refund money in cases of default;
SALIENT FEATURE OF THE AMMENDMENT

13. (f). Compulsory deposit of 50 percent: To compulsorily deposit 50 percent (or such lesser percent as notified by the
Appropriate Government) of the amounts realized for the real estate project from the allottees in a separate account in a
scheduled bank within a period of fifteen days to cover the cost of construction to be used for that purpose;
(g). Adherence to declared plans: To bar the promoter from altering plans, structural designs and specifications of the plot,
apartment or building without the consent of two-third allottees after disclosure; However, minor additions or alterations
permissible due to architectural and structural reasons;
(h). Functions of Real Estate Agents: Real estate agents to sell properties registered with the Authority;
· Maintain books of accounts, records and documents;
· Not to involve in any unfair trade practices;
(i). Rights and Duties of Allottees: Right to obtain stage-wise time schedule of project;
· Claim possession as per promoter declaration and refund with interest and compensation for default by the promoter;
· Allottees to make payments and fulfill responsibilities as per agreement;
(j). Functions of Real Estate Regulatory Authority: The Authority to act as the nodal agency to co-ordinate efforts regarding
development of the real estate sector and render necessary advice to the appropriate Government to ensure the growth and
promotion of a transparent, efficient and competitive real estate sector;
(k). Fast Track Dispute Settlement Mechanism:
· Fast track dispute resolution through adjudicating officers (District Judge);
· Appellate Tribunal to hear appeals;
SALIENT FEATURE OF THE AMMENDMENT

14. (l). Establishment of Central Advisory Council: To advise the Central Government on implementation of the Act, recommend
policy, protection of consumer interest and to foster growth and development of the real estate sector;
(m). Establishment of Real Estate Appellate Tribunal: Real Estate Appellate Tribunal to hear appeals from orders of the
Authority and the adjudicating officer. The Appellate Tribunal is to be headed by a sitting or retired Judge of the High Court, with
one judicial and one administrative/technical member;
(n). Punitive Provisions: Punitive provisions including de-registration of the project and penalties in case of contravention of
provisions of the Bill or the orders of the Authority or Tribunal;
(o). Bar of Jurisdiction Courts: Provision for barring jurisdiction of court and any authority from entertaining complaints in
respect of matters covered under the Bill;
(p). Power to make Rules and Regulations: Appropriate Government to have powers to make rules over subjects specified in
the Bill;
· Regulatory Authority to have powers to make regulations;
SALIENT FEATURE OF THE AMMENDMENT