All that you want to know about The Real Estate (Regulation & Development) Bill

Submitted by asandil on 5/14/2024

Understanding the Basics of the Real Estate (Regulation & Development) Bill

The Real Estate (Regulation and Development) Act, commonly known as the RERA Act, is a crucial piece of legislation that was approved by the Rajya Sabha on March 10, 2016, and by the Lok Sabha on March 15, 2016. It became effective on May 1, 2017, aiming to safeguard consumers in the real estate industry by establishing a secure and equitable framework for both residential and commercial property transactions. The primary objective of the act is to regulate and promote the real estate sector, ensuring transparency, accountability, and efficiency as outlined in its provisions. The act mandates the formation of Real Estate Regulatory Authorities (RERA), which are intended to create a standardized regulatory environment that protects consumer interests, facilitates quick dispute resolution, and ensures the timely completion of projects. Under the RERA Act, any real estate project involving land over 500 square meters or comprising at least eight apartments must be registered with the RERA authority. This requirement applies to both commercial and residential projects. The registration process involves a comprehensive declaration by the promoter, including detailed information about the project. This includes the promoter’s credentials, the project’s approved plan as per RERA guidelines, force majeure clauses, the projected completion date, and the various stages in which the project will be completed according to the rules or regulations set forth. Each project is assigned a unique RERA registration number, which must be included in all advertisements for the project. The act also defines the role and responsibilities of real estate agents, specifying that those facilitating the sale or purchase of RERA-registered properties must also register with the authority and obtain a RERA registration number. Furthermore, regular updates on the project’s progress must be uploaded to the official RERA website to ensure transparency and accountability to consumers. The RERA Act also proposes the establishment of an Appellate Tribunal to adjudicate real estate-related disputes and issues under the act within 60 days. The RERA act has several key features and requirements that aim to streamline the real estate sector and protect consumer interests, emphasizing the impact of the real estate bill. Some of these include:

• The requirement for all real estate projects where the land is over 500 square meters or includes at least eight apartments, to be registered with the Real Estate Regulatory Authorities (RERA). This applies to both residential and commercial properties.

• A comprehensive declaration process by the promoter which involves providing detailed information about the project such as the impact of the real estate, in line with the provisions of this act that act states to enhance transparency. ◦ Credentials of the promoter ◦ Sanctioned plan of the project ◦ Contractual force majeure clauses ◦ Estimated completion date ◦ Number of stages in which the project would be completed

• Assignment of a unique RERA registration number to each registered project. All advertisements related to these projects must display this number.

• Clear definition and regulation of real estate agents’ roles and responsibilities under RERA. According to this, every agent who facilitates buying or selling properties registered under RERA must obtain a registration from authority, complying with the rules or regulations established by the real estate authority.

• Mandatory regular updates on official RERA website about progress made in each registered project, ensuring transparency and accountability towards consumers.

• Provision for creation of an Appellate Tribunal that will adjudicate cases related to real estate transactions within 60 days, thus aiding quick dispute resolution and ensuring adherence to the provisions of this act.

These points underline how RERA Act aims not only at regulating but also promoting growth within India’s real estate sector by fostering an environment characterized by transparency, efficiency, uniformity in regulations across states while primarily protecting consumer interests.

The Role and Functions of Real Estate Regulatory Authority (RERA)

Established with the prime purpose of regulating and promoting the real estate sector, RERA (Real Estate Regulatory Authority) has become a beacon of accountability and transparency in the industry. The Real Estate Regulation and Development Act 2016, which gave RERA its governing power, was passed by both the Rajya Sabha and the Lok Sabha in March 2016. Post this, state governments had the obligation to notify the rules under the Act within six months, a vital step towards the enforcement of the rules or regulations as per the real estate bill. Accordingly, the Act came into force from 1st May 2017. RERA’s functions are profuse and profound, dealing with almost every aspect related to the real estate industry. Veering from the registration of real estate projects to taking account of a promoter’s past defaults, the regulatory body epitomizes vigilance.

RERA’s broad functions include the registration of real estate projects and real estate agents under Section 3 of the Act, before the commencement of this Act. RERA also has the right to reject or revoke a project or real estate agent’s registration if the general rules or the RERA rules as per regulatory act are violated. Tracing back to its inception, RERA was established with the mission to regulate the real estate sector, adjudicating over disputes and holding builders accountable for the timely completion of projects. A prominent feature envisioned by the Act is the RERA website, through which the details of a registered project and real estate agent can be accessed publically using the registration number provided. The power to establish the Real Estate Regulatory Authorities and the Real Estate Appellate Tribunal, as dictated by the RERA order of 10 March 2016, rests in the hands of the state government. The ACT also provided for ‘Carpet Area’ to be clearly defined in the sales agreement to make the buyer aware of the actual cost of the real estate. The enactment of the Act not only ensured promoters became RERA compliant but also protects the consumers in the real estate sector.

Key Provisions for Real Estate Projects under the Bill

Under the Real Estate (Regulation & Development) Bill, prominent provisions have been evaluated and enacted to govern the functioning of the real estate sector effectively. The Act, introduced in the Rajya Sabha in 2013 and Passed by the Lok Sabha in March 2016, came into force on May 1, 2017. This legislative action, introduced by the Ministry of Housing and Urban Development on 15 March 2016, aimed to regulate the real estate market and boost investments in residential and commercial real estate projects. The Act establishes Real Estate Regulatory Authorities (RERA) in each state to monitor real estate development and enforce regulations. The promoters and real estate agents involved in a real estate project must register with RERA and obtain a registration number, in accordance with section 3 of the Act as the act states clearly for compliance. The provisions of the RERA act establish a stringent regulatory framework for the real estate industry, which includes a mandate for the disclosure of carpet area of a project, cost of the project, and key details about the promoter on the RERA website. According to the RERA rules, every real estate project and real estate agent must be registered under RERA, and the Act provides for the establishment of an appellate tribunal to adjudicate matters and rule on disputes. The Act also defines the liabilities in a real estate project and provides guidelines for the sale of the estate project to a third party. The impact of the implementation of RERA, while challenging in the initial stages, is anticipated to bring greater transparency, protect the interest of consumers, and stimulate further growth in the Indian real estate industry.

Responsibilities and Duties of Real Estate Agents

Regulated by the RERA Act since 15 March 2016, Real Estate Agents play a pivotal role in the real estate sector and to establish a more structured marketplace by operating within the frameworks established. Primarily, their duty is to ensure every real estate project they are associated with is registered under RERA. They are not permitted to sell or advertise any project or real estate agent that doesn’t comply with the regulations stipulated by the RERA Authority. Agents are responsible for maintaining the RERA website’s integrity, ensuring it remains a reliable source for news about RERA. It is a requirement for agents to declare their registration number during promotional activities, facilitating transparency and crown verification. Real Estate Agents must also provide accurate information about the real estate development works to the buyers, including the completion certificate for a real estate project, planned development, carpet area and cost of the real estate project, anticipated date of completion, and other related aspects. Furthermore, they are bound by the RERA Act to exercise due diligence before entering into an agreement with the promoter and the buyer, to safeguard the consumers in the real estate industry. Dissemination of misleading or incorrect information or breaching the provisions of the act may lead to stringent penalties as defined under RERA. As such, to operate in the real estate market, an agent must not only be knowledgeable but also RERA compliant.

The Establishment and Role of Real Estate Appellate Tribunal

Firstly, the inception of RERA was a critical milestone in the history of India’s real estate industry. Passed by the Rajya Sabha on 10th March 2016 and the Lok Sabha on 15th March 2016, the act brought forth an excellent framework to regulate the real estate sector and to establish new benchmarks in the industry. The Real Estate (Regulation & Development) Act, or RERA as it’s commonly known, seeks not just to control but to promote the real estate sector and to establish a more reliable market environment. This transformation was further substantiated on 1 May 2017 when the Act came into force, entrusting the state governments with the authority to notify the rules and establish Real Estate Regulatory Authorities (RERA) and the Real Estate Appellate Tribunal in their respective Union Territories. The RERA website is an excellent resource for several general rules and updates concerning this act. The establishment of the Real Estate Appellate Tribunal, as stated in the Act, is an underlined part of the reform brought by RERA in the real estate sector. Its primary role is to adjudicate cases between a promoter, real estate agent, and the consumers, ensuring that the default continues to be addressed in accordance with the rules or regulations. Alongside this, RERA Act 2016 also mandates the registration of real estate projects and real estate agents. The Real Estate Appellate Tribunal, regulated under RERA rules, holds the responsibility to ensure every real estate project and real estate agent, whether residential or commercial, has a valid registration number. Furthermore, the Act provides precise definitions, such as understanding carpet area as defined under RERA, which prove beneficial for all stakeholders in the real estate project.

Defining the Promoter in Real Estate Context

The Real Estate (Regulation and Development) Act, 2016, widely known as RERA, defines a ‘Promoter’ in the real estate context. As per the Act, a promoter refers to someone who constructs or converts a building into apartments or develops a plot for sale. This includes both developers who undertake these tasks directly and those who hire contractors to complete the project for the Gujarat real estate market. Promoter can also depict a development authority or other public bodies that conduct constructions or conversions, every holder of a power of attorney from a development authority, cooperatives and any such individual or entity who sells apartments or plots. Promoters, as prescribed by the Act, play a vital role. They are responsible for all the required clearances for the real estate project, the quality of construction and the financial obligations. They must register their project with RERA, list all the details on the RERA website with a unique project identification number, and cannot book or sell any plot or apartment before obtaining the necessary RERA registration and commencement certificates. Once these detailing and clearance certifications are obtained, only then is a promoter authorised to sell the properties in the real estate project. A promoter ensures all the project’s legalities are dealt with and also acts as an advisor for the buyer at times, in accordance with the act states for proper guidance. Hence, a promoter plays a key role in safeguarding the interests of consumers in the real estate sector.

The Process and Importance of Registration of Real Estate Projects

Established on 1st May 2017, the RERA regulation and development act set new standards of transparency and accountability for the real estate sector and to establish consumer confidence. The act established real estate regulatory authorities in each state and Union territories to ensure fair practices and aid consumers. As part of its regulatory role, RERA set forth provisions for the mandatory registration of real estate projects and real estate agents. RERA rules stipulated that every real estate project exceeding 500 square meters or more than eight apartments must be registered under RERA. Furthermore, even real estate agents involved in these projects are required to register with RERA to operate legally. The process of registration involves submitting a range of details about the project and real estate agent to the stamp of RERA authority, ensuring compliance with the act or the rules. Crucial elements such as the carpet area, cost of the project, commencement and completion dates, promoter details, and an authentic registration number must be displayed on the RERA website. Any modifications to the original plans also need to be updated on the site. The transparency of the act makes it mandatory for the projects to be RERA compliant and ensures adherence to the specific rules and regulations made thereunder. The regulatory act also brings greater clarity and discipline to the real estate market, thus boosting investments in the sector. Consequently, it promotes the growth of the real estate sector and safeguards the rights of consumers. Furthermore, the act also impacts project liabilities in the real estate sector by stipulating stringent norms for promoters, thus protecting the interests of buyers.

The Impact of the Bill on Real Estate Sector

The implementation of the Real Estate (Regulation and Development) Act, 2016 commonly known as RERA act, has significantly influenced the Indian real estate industry. Passed by both the Rajya Sabha and Lok Sabha in March 2016, and the act came into force in May 2017, it aims to regulate and promote the real estate sector by fostering transparency, accountability, and efficiency in the execution and delivery of real estate projects. This Act has greatly affected all stakeholders in the market, such as real estate agents, developers, and consumers. It mandates real estate agents must obtain a registration number from the state RERA, while promoters are required to register their real estate projects with the RERA authority, listing all project details on the RERA website for public view. At the heart of the Act is an emphasis on fair dealing and the safeguarding of consumers in the real estate sector, underlining the impact of the real estate bill on market practices. The provisions of the Act clearly define the responsibilities and duties of real estate agents and promote the professionalization of project promoters. It stipulates that a promoter cannot transfer their real estate project to a third party without the consent of two-thirds of the customers and the RERA authority’s approval. As for the real estate agents, the Act makes it mandatory for them to not facilitate the sale of any project without obtaining the necessary RERA registration. Also, the introduction of the term ‘carpet area’ as defined under RERA has provided much-needed clarity and standardization, preventing promoters from misrepresenting the area of the flats, which is a key aspect of the act or the rules. Overall, the Act has been landmark legislation aiming to regulate the real estate sector and to establish the basis for future developments, continuing to shape the future of Indian real estate.

Understanding Carpet Area as Defined in the Bill

The term “carpet area” as defined under RERA, is an important aspect in every real estate development. Under the Real Estate (Regulation and Development) Act, 2016, it refers to the net usable area that excludes the area under the walls and includes the area of the inner walls of a property. This has been a significant shift from ambiguous calculations that were often misleading for consumers in the real estate industry. This new definition of carpet area ensures transparency and thereby boosts investments in the real estate industry, reflecting a commitment by the state government and real estate regulatory authorities to regulate the real estate sector. In depth, the carpet area excludes balconies, terraces, and other outer areas, but includes the thickness of the inner walls. The understanding of this aspect is mandatory for every real estate promoter, agent, and even buyers. According to RERA rules, for registration of real estate projects with authorities the promoter shall declare the size of the apartment based on carpet area. The act makes it mandatory, however, for real estate broker to be registered under RERA and to maintain and provide all relevant documents and information, including carpet area details. These provisions of the act came into force on May 1, 2017 with an aim to better regulate and promote the real estate sector, providing an environment of trust and confidence amongst various stakeholders in addition to protecting the interest of consumers.

The Influence of RERA on Indian Real Estate Market

The enactment of the Real Estate (Regulation and Development) Act in March 2016 has undeniably brought broad and transformative reassessments to the Indian real estate sector. As the provisions of the act came into force in May 2017, the functioning of real estate projects, real estate agents, and promoters has become systematically regulated and more transparent. The RERA authority under each state government has been a beacon of hope, imposing stricter regulations for the registration of real estate projects, ensuring the carpet area defined under RERA is enclosed within four walls rather than a super built-up area, and clarifying rules regarding the cost of the real estate project. With RERA rules being implemented, the act provides respite to homebuyers from the chronic malpractices of defaults wherein the cost of the real estate exceeds previous assumptions. Additionally, the RERA act has been instrumental in framing the Real Estate Appellate Tribunal - an adjudicating officer with prowess to look into disputes among promoters, real estate agents, and consumers in the real estate sector. This initiative has fortified the rights of homebuyers and fostered a sense of fair play in the residential real estate market that was marred by lopsided contracts and unjust business tactics. Furthermore, the act lays the general rules and obligations that every real estate agent must comply with, inducing much-needed professionalism in the realm of commercial real estate. This regulatory act in the form of RERA has not only determined to regulate and promote the real estate sector but also aimed to boost investments in the real estate by proffering an environment of security and compliance.

In recent developments concerning the Real Estate Regulatory Authority (RERA), updates reveal a rising emphasis on the compliance of the Real Estate (Regulation & Development) Bill, or RERA Act 2016, by real estate agents and promoters. As of May 2017, registration of real estate projects under RERA Act has become obligatory nationwide, thereby ensuring transparency and accountability in the real estate sector. Considered a revolutionary move towards regulating the real estate industry, it is expected to boost investments and elevate consumer confidence. Those defying the act’s provisions face strict consequences, instilling a systematic approach towards the registration number, project details, and cost involved in both residential and commercial real estate projects. The act, passed by the Rajya Sabha and Lok Sabha in March 2016, was enforced across the Union Territories in May 2016, while the respective state governments notified the rules by October 2016. Since its inception in March 2016, RERA has made significant strides, including the establishment of the Real Estate Appellate Tribunal and defining key concepts such as ‘promoter’ and ‘carpet area’. The RERA website remains a key source for updates, providing comprehensive information on state RERA bodies, including the Uttar Pradesh RERA and Maharashtra RERA. The impact of RERA on the real estate sector continues to unfold with each passing day, shaping a more regulated and consumer-oriented real estate market.

The Importance of Being RERA Compliant for Real Estate Developers

The Real Estate (Regulation and Development) Act, 2016, popularly known as RERA, signals a pivotal progress in the Indian real estate market. Enacted by the Rajya Sabha on March 15, 2016, and Lok Sabha on March 10, 2016, this legislative Act was further enforced on May 1, 2017, to regulate and promote the real estate sector. The sheer magnitude of its implications is seen in its profound impact on real estate developers, real estate agents, consumers, and the entire real estate industry. Predominantly, the Act makes it mandatory for every real estate project and every real estate agent engaged in selling any project to register themselves with the Real Estate Regulatory authorities established under this Act. To further emphasize, The RERA Act stipulates strict regulations and general rules that every real estate promoter and real estate broker needs to adhere to, ensuring that their commercial and residential real estate projects are transparent, fair, and accountable. One significant process this entails is the Registration of Real Estate Projects with RERA, where every project, as per section 3 of the Act, is mandated to obtain a unique RERA registration number from the State RERA authorities. Equipped with this RERA registration number and being RERA compliant, the promoter of a real estate project gains an elevated trust and credibility amongst the investors. Furthermore, a liable authority, the Real Estate Appellate Tribunal, has been established for settling disputes swiftly, thus putting an end to prolonged litigations. Undeniably, a diligently regulated real estate sector by RERA bolstered with clear, defined rules boosts investments in the real estate, thus ushering in a remarkable era of growth and structured development.

The RERA website facilitates an informative platform making it easier for all involved parties to grasp the nuances, provisions, rules, and impact, around the real estate sector, in accordance with the provisions of this act. The website provides a comprehensive outlook of RERA Act’s implementation across various states and Union Territories, offering access to RERA rules indicated by each state government. It groups together all relevant regulatory real estate bodies, the state RERA establishments, and lays out the RERA rules and regulations. Apart from this, it publishes the latest news and updates concerning RERA, reflecting the evolving real estate scenario. The RERA website also provides detailed explications about the RERA act, the real estate appellate tribunal, the responsibilities of a promoter in the real estate, and the real estate agent, all in line with the act states for public awareness. It sketches the process for registration of real estate projects and agents, making it easier and clear for users. The interpretations around carpet area, one of the fundamental aspects of a real estate project, is also rushed upon. Another unique feature includes obtaining the RERA registration number of the project and real estate broker, helping consumers verify the legality and compliance of their potential investments in the real estate market. The website not only allows investors to track the cost of the real estate project but they can also follow the ongoing status of their registered residential or commercial real estate projects.