K K Khandelwal, IAS Real Estate Regulation and Development Act, 2016

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Part I – Introduction and Overview

1. Background and Legislative Intent

   • Need for regulating the real estate sector

   • Objectives of the RERA Act, 2016

   • Salient features of the Act

2. Key Definitions and Terminology

   • Promoter, Allottee, Real Estate Agent

   • Carpet Area, Completion Certificate, Occupancy Certificate, etc.

3. Structure of the Act

   • Chapters, Sections, and Schedules

   • Overview of Central and State roles

4. Comparative Framework

   • RERA vs. Pre-RERA Regulatory Environment

   • Comparison with global best practices

Part II – Section-wise Commentary on the RERA Act, 2016

Chapter I: Preliminary (Sections 1–2)

• Short title, extent, commencement

• Definitions and interpretations

Chapter II: Registration of Real Estate Projects and Agents (Sections 3–9)

• Mandatory registration of projects and agents

• Disclosure requirements

• Revocation and renewal of registration

Chapter III: Functions and Duties of Promoter (Sections 10–18)

• Adherence to approved plans

• Responsibilities toward allottees

• Structural defect liability

• Timely possession and refund obligations

Chapter IV: Rights and Duties of Allottees (Section 19)

Chapter V: Real Estate Regulatory Authority (Sections 20–39)

• Establishment and composition of RERA

• Powers, functions, and procedure

• Administrative framework and funding

Chapter VI: Central Advisory Council (Sections 40–42)

Chapter VII: Real Estate Appellate Tribunal (Sections 43–58)

• Constitution, powers, and procedures

• Appeals from orders of RERA

• Enforcement and penalties

Chapter VIII: Offences, Penalties, and Adjudication (Sections 59–72)

• Penalties on promoters, agents, and allottees

• Compounding of offences

• Adjudicating officer and compensation

Chapter IX: Finance, Accounts, and Audit (Sections 73–77)

Chapter X: Miscellaneous Provisions (Sections 78–92)

• Powers of Central and State Governments

• Power to make rules and regulations

• Removal of difficulties

Part III – Rules, Regulations, and Circulars

• Central RERA Rules, 2016

• Selected State Rules (Maharashtra, Karnataka, UP, Delhi, etc.)

• Model Agreements for Sale

• Authority-issued Circulars and Directions

Part IV – Digest of Key Case Law and Orders

• Landmark rulings by RERA and Appellate Tribunals

• Interpretation of “promoter,” “carpet area,” “delay in possession,” etc.

• Consumer rights and remedies

• Compounding and enforcement trends

Part V – Practical Tools and Annexures

• Registration process flowcharts (for promoters and agents)

• Model formats for filings and disclosures

• FAQs on project registration, agent registration, and grievance redressal

• Checklists for RERA compliance