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Taxmann Real Estate Regulation and Development Act 2016

From Taxmann
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Author :Taxmann

Publisher :Taxmann

ISBN No :978-9364551656

SKU :TMP239

Edition :2025

Pages :536

Format :Paperback

HSN No :49011010

Country Region :India

Weight :0.675 kg

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Description

The Real Estate (Regulation and Development) Act, 2016 (commonly known as RERA) is a landmark legislation enacted to bring transparency, accountability, and efficiency in the real estate sector. This book provides a comprehensive and practical commentary on the provisions of the Act, along with the latest rules, regulations, case laws, and circulars issued by State Regulatory Authorities.

Key features include:

  • Section-wise analysis of the RERA Act with easy-to-understand explanations

  • Detailed discussion on registration of real estate projects and agents

  • Rights and duties of homebuyers, promoters, and allottees

  • Adjudication process, penalties, and dispute resolution through RERA and Appellate Tribunals

  • Coverage of State-specific rules and implementation trends

  • Practical insights into compliance, legal remedies, and recovery of investment

  • Updated with recent judicial pronouncements and regulatory developments

This book is an essential reference for real estate professionals, developers, legal practitioners, law students, investors, and anyone involved in real estate transactions. It bridges the gap between legal provisions and on-ground practices, enabling readers to navigate the regulatory framework with clarity and confidence.

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Content

Part I: Introduction & Legislative Background

  1. Need for Real Estate Regulation

    • Challenges in the real estate sector

    • Objectives and scope of RERA

    • Key stakeholders: promoters, allottees, agents

  2. Overview of the Act

    • Structure of RERA

    • Salient features of the legislation

    • Definitions under the Act (Section 2)


Part II: Registration Provisions

  1. Registration of Real Estate Projects (Sections 3–10)

    • Mandatory registration requirements

    • Exempted projects

    • Application process, documents required

    • Revocation of registration

  2. Registration of Real Estate Agents (Sections 9–10)

    • Process and conditions

    • Code of conduct

    • Renewal and revocation


Part III: Functions, Rights, and Duties

  1. Functions and Duties of Promoters (Sections 11–19)

    • Disclosure obligations

    • Adherence to sanctioned plans

    • Responsibilities regarding possession, refunds, and title

    • Penalties for default

  2. Rights and Duties of Allottees (Section 19)

    • Right to information, possession, and refund

    • Payment obligations and co-operation

  3. Role and Responsibilities of Real Estate Agents

    • Duties under Section 10

    • Restrictions and disciplinary actions


Part IV: Regulatory Framework and Authorities

  1. Real Estate Regulatory Authority (Sections 20–39)

    • Establishment and composition

    • Powers and functions of RERA

    • Enforcement and compliance mechanisms

  2. Central and State Advisory Councils (Sections 41–42)

    • Advisory role and composition

  3. Real Estate Appellate Tribunal (Sections 43–58)

    • Constitution and powers

    • Appeals from RERA orders

    • Time limits and procedure


Part V: Penalties, Offences, and Adjudication

  1. Offences, Penalties, and Adjudication (Sections 59–72)

    • Penalties on promoters, agents, and allottees

    • Adjudication of compensation

    • Compounding of offences


Part VI: Miscellaneous Provisions

  1. Miscellaneous (Sections 73–92)

    • Cognizance of offences

    • Bar on jurisdiction of civil courts

    • Power to make rules and regulations

  2. State-Specific RERA Rules

    • Comparative summary of State rules (Maharashtra, Delhi, Karnataka, Tamil Nadu, etc.)

    • Key differences in implementation


Part VII: Practical Aspects & Legal Interpretation

  1. Compliance Checklist for Promoters and Agents

  2. Model Forms and Formats

    • Project registration form

    • Agent registration form

    • Agreement for Sale format under RERA

  3. Landmark Case Laws under RERA

    • Decisions by RERA Authorities and Appellate Tribunals

    • High Court and Supreme Court interpretations

  4. FAQs and Practical Scenarios

    • Refunds, delays, defect liability

    • Joint development agreements

    • Buyer rights and remedies

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Taxmann Real Estate Regulation and Development Act 2016

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