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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Need for Real Estate Regulation
Challenges in the real estate sector
Objectives and scope of RERA
Key stakeholders: promoters, allottees, agents
Overview of the Act
Structure of RERA
Salient features of the legislation
Definitions under the Act (Section 2)
Registration of Real Estate Projects (Sections 3–10)
Mandatory registration requirements
Exempted projects
Application process, documents required
Revocation of registration
Registration of Real Estate Agents (Sections 9–10)
Process and conditions
Code of conduct
Renewal and revocation
Functions and Duties of Promoters (Sections 11–19)
Disclosure obligations
Adherence to sanctioned plans
Responsibilities regarding possession, refunds, and title
Penalties for default
Rights and Duties of Allottees (Section 19)
Right to information, possession, and refund
Payment obligations and co-operation
Role and Responsibilities of Real Estate Agents
Duties under Section 10
Restrictions and disciplinary actions
Real Estate Regulatory Authority (Sections 20–39)
Establishment and composition
Powers and functions of RERA
Enforcement and compliance mechanisms
Central and State Advisory Councils (Sections 41–42)
Advisory role and composition
Real Estate Appellate Tribunal (Sections 43–58)
Constitution and powers
Appeals from RERA orders
Time limits and procedure
Offences, Penalties, and Adjudication (Sections 59–72)
Penalties on promoters, agents, and allottees
Adjudication of compensation
Compounding of offences
Miscellaneous (Sections 73–92)
Cognizance of offences
Bar on jurisdiction of civil courts
Power to make rules and regulations
State-Specific RERA Rules
Comparative summary of State rules (Maharashtra, Delhi, Karnataka, Tamil Nadu, etc.)
Key differences in implementation
Compliance Checklist for Promoters and Agents
Model Forms and Formats
Project registration form
Agent registration form
Agreement for Sale format under RERA
Landmark Case Laws under RERA
Decisions by RERA Authorities and Appellate Tribunals
High Court and Supreme Court interpretations
FAQs and Practical Scenarios
Refunds, delays, defect liability
Joint development agreements
Buyer rights and remedies
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