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Universal's The Real Estate Regulation and Development Act, 2016

From LexisNexis
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Author :LexisNexis

Publisher :LexisNexis

SKU :ULN565

Edition :2023

Format :Paperback

HSN No :49011010

Country Region :India

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Description

The LexisNexis edition of The Real Estate (Regulation and Development) Act, 2016 offers a detailed and authoritative commentary on the legislation aimed at regulating the real estate sector in India. The book is a crucial resource for understanding the provisions of the Act, which was introduced to promote transparency, accountability, and efficiency in the real estate industry.

Key Features and Description:

  1. Comprehensive Coverage:

    • The book provides a comprehensive understanding of the Real Estate (Regulation and Development) Act, 2016, covering the complete text of the Act with detailed explanations and commentary.
    • It includes recent amendments to the Act and provides clarity on various provisions that govern real estate transactions in India.
  2. Focus on Key Areas:

    • Real Estate Regulatory Authority (RERA): The Act mandates the establishment of RERA to regulate the real estate sector. The book covers the framework for establishing RERA in each state and its powers.
    • Registration of Projects and Agents: It explains the registration requirements for real estate projects, real estate agents, and developers, ensuring transparency in dealings.
    • Rights and Obligations of Builders and Buyers: The book offers insights into the rights of homebuyers, including the builder’s duty to deliver possession, maintain timelines, and provide quality assurance. It also covers the responsibilities of developers and builders to avoid misleading practices.
    • Defects Liability: It includes provisions related to defects in construction and the liability of builders to repair and compensate buyers if any defects are found after possession.
    • Promoter and Developer Responsibilities: The book outlines the obligations of promoters, including the submission of project details, financial disclosures, and project timelines.
  3. Legal Insights and Case Law:

    • The LexisNexis edition includes case law references, judicial precedents, and legal interpretations related to the real estate sector, making it a reliable guide for legal professionals and practitioners.
    • It explains how courts have interpreted key sections of the Act and how such interpretations affect real estate transactions.
  4. User-Friendly Structure:

    • The book is organized in a structured and easy-to-follow manner, with sections that break down the complex legal language of the Act. This makes it suitable for both legal professionals and non-experts who need to understand the workings of RERA and the real estate laws.
    • Practical examples and explanations of procedural steps involved in registering properties, filing complaints, and handling disputes are included.
  5. Amendments and Updates:

    • The publication incorporates the latest amendments to the Act, ensuring that readers are up to date with any legislative changes or judicial interpretations.
    • It also explores the implications of newer laws affecting the real estate sector and their impact on builders, buyers, and developers.

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Content

The LexisNexis edition of The Real Estate (Regulation and Development) Act, 2016 typically includes a detailed analysis of the Act’s provisions along with additional commentary, case laws, and updates. While specific editions may vary slightly, the contents generally include:

Contents of The Real Estate (Regulation and Development) Act, 2016 (LexisNexis Edition):

  1. Introduction

    • Overview of the Real Estate (Regulation and Development) Act, 2016
    • Purpose and Objectives of the Act
    • Key Features and Benefits of the Act
  2. Chapter 1: Preliminary

    • Short Title, Extent, and Commencement
    • Definitions and Interpretations
    • Scope of the Act
  3. Chapter 2: Real Estate Regulatory Authority (RERA)

    • Establishment of Real Estate Regulatory Authority
    • Functions and Powers of RERA
    • Procedures for Establishing State RERA
    • Registration of Real Estate Projects and Real Estate Agents
  4. Chapter 3: Registration of Real Estate Projects

    • Obligations of Developers and Promoters
    • Detailed Procedure for Registration
    • Timeline and Requirements for Developers
    • Information to be Provided by the Promoter
  5. Chapter 4: Responsibilities of Developers and Promoters

    • Promoter’s Obligations Related to the Sale of Apartments/Plots
    • Registration and Display of Project Details
    • Disclosure of Financial Statements
    • Defects Liability and Maintenance Period
    • Title and Legal Ownership of Land
    • Delay in Possession and Compensation for Buyers
  6. Chapter 5: Rights of Homebuyers

    • Rights of Allottees and Buyers in Real Estate Projects
    • Protection Against Fraudulent Practices
    • Compensation for Delays and Defects in the Property
    • Right to Information
  7. Chapter 6: Real Estate Agents

    • Registration and Regulation of Real Estate Agents
    • Roles and Responsibilities of Real Estate Agents
    • Compliance with RERA Regulations
    • Penal Provisions for Non-Compliance
  8. Chapter 7: Real Estate Regulatory Appellate Tribunal

    • Establishment of the Real Estate Appellate Tribunal
    • Powers and Functions of the Tribunal
    • Procedures for Appeal
    • Appeal Process for Dispute Resolution
  9. Chapter 8: Adjudicating Mechanism and Penalties

    • Procedure for Adjudication of Complaints
    • Penalties for Violations of the Act
    • Tribunal’s Authority to Impose Fines
    • Enforcement of Decisions
  10. Chapter 9: Miscellaneous Provisions

    • Powers of State Government to Make Rules
    • Registration of Builders and Developers
    • Provisions for Housing Projects and Builders’ Associations
    • Special Provisions for the Real Estate Sector
    • Rights of Landowners and Property Title Holders
  11. Chapter 10: Amendments to Existing Laws

    • Modifications to Existing Property and Real Estate Laws
    • Amendments to the Consumer Protection Act, 1986
    • Updates to Local Statutes Concerning Real Estate
  12. Chapter 11: Case Laws and Legal Precedents

    • Selected Landmark Judgments and Case Laws on RERA
    • Judicial Interpretations of Key Provisions
    • Analysis of Court Decisions on Disputes Related to Real Estate
  13. Chapter 12: Implementation and Challenges

    • Challenges in the Implementation of RERA
    • Successes and Shortcomings of the Act
    • Future Prospects of Real Estate Regulation
  14. Appendices

    • Text of the Real Estate (Regulation and Development) Act, 2016
    • Relevant Statutory Notifications
    • Model Forms for Project Registration and Real Estate Transactions
    • Glossary of Key Terms

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Universal's The Real Estate Regulation and Development Act, 2016

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