Real Estate (Regulation and Development) Act, 2016 1
Background of Law This act popularly known as RERA, RERDA and The Real Estate Act etc. Central government have framed the act and the NODAL agency of Central government is MOHUPA or MOUD or MOHUA. The current presiding minister is Sh. Hardeep Singh Puri MHUPA stand for Ministry of Housing and Urban Poverty alleviation Entries 6 and 7 in List – III (Concurrent List) of the VIIth Schedule of the Constitution of India dealing with contracts and the Transfer of Property. Entry 18 of List – II (State List) of the VIIth Schedule of the Constitution of India gives the states rights to legislate on Land. There are Total nos. of Sections in the Act – 92 Total nos. of Chapters - 10 2
Real Estate Act 2016 Timeline Real Estate bill passed in Rajya Sabaha 10thMarch, 2016 Real Estate bill passed in Lok Sabaha 15th March, 2016 Real Estate bill assented by President of India 25th March, 2016 Publication Date in Official Gazette of India 26th March, 2016 Notification of some Sections 1st May, 2016 Last date of making of Rules by appropriate government 31th October, 2016 Last Date for establishment of Real Estate Regulatory Authority 30th April, 2017 Notification of remaining Sections 1st May, 2017 Last date for Registration of Real Estate Projects 31th July, 2017 3
Act come into force Section 2, Sections 20 to 39, • Notified by the Central Sections 41 to 58, Government to come into Sections 71 to 78, effect from 1st May, 2016 Sections 81 to 92 Sections 3 to 19, Section 40, • Came into force from Sections 59 to 70, 1st May, 2017 Sections 79 to 80 4
Real Estate (Regulation & Development) Act, 2016 [RERA] Implementation Progress Report (as on 11-05-2019) Sl. State/UT General Establishment Establishment Web Registrations Rules of Regulatory of Appellate Portal Authority Tribunal Projects Agents Andaman & Nicobar 1 Notified Permanent Permanent Setup 1 17 Island Andhra Not 2 Notified Permanent Setup 328 49 Pradesh Established Arunachal Not Not Not 3 Not Setup -- -- Pradesh Notified Established Established Not 4 Assam Notified Interim Not Setup 91 13 Established 5 Bihar Notified Permanent Permanent Setup 584 86 6 Chandigarh Notified Permanent Interim Setup 3 14 Not 7 Chhattisgarh Notified Permanent Setup 989 364 Established Dadar & 8 Notified Permanent Permanent Setup 79 2 Nagar Haveli 9 Daman & Diu Notified Permanent Permanent Setup 19 0 10 NCT of Delhi Notified Permanent Interim Setup 16 86 Not 11 Goa Notified Interim Setup 391 147 Established 12 Gujarat Notified Permanent Interim Setup 5413 910 13 Haryana * Notified Permanent Permanent Setup 583 1485 Himachal Not 14 Notified Interim Setup 29 26 Pradesh Established Jammu & Not Not Not Not 15 -- -- Kashmir** Applicable Applicable Applicable Applicable 5
Real Estate (Regulation & Development) Act, 2016 [RERA] Implementation Progress Report (as on 11-05-2019) Sl. State/UT General Establishment Establishment Web Registrations Rules of Regulatory of Appellate Portal Authority Tribunal Projects Agents 16 Jharkhand Notified Permanent Interim Setup 95 2 17 Karnataka Notified Permanent Permanent Setup 2551 1413 Not 18 Kerala Notified Interim Not Setup -- -- Established Not Not 19 Lakshadweep Notified Not Setup -- -- Established Established Madhya 20 Notified Permanent Permanent Setup 2179 541 Pradesh 21 Maharashtra Notified Permanent Permanent Setup 20723 19870 Not Not 22 Manipur Notified Not Setup -- -- Established Established Not Not Not 23 Meghalaya Not Setup -- -- Notified Established Established Not 24 Mizoram Notified Interim Not Setup -- -- Established Not Not Not 25 Nagaland Eslished Not Setup -- -- Notified Established tab 26 Odisha Notified Permanent Permanent Setup 258 35 27 Puducherry Notified Interim Permanent Not Setup 15 1 28 Punjab Notified Permanent Interim Setup 688 1559 29 Rajasthan Notified Permanent Permanent Setup 984 870 Not Not Not 30 Sikkim Not Setup -- -- Notified Established Established
Real Estate (Regulation & Development) Act, 2016 [RERA] Implementation Progress Report (as on 11-05-2019) Sl. State/UT General Establishment Establishment Web Registrations Rules of Regulatory of Appellate Portal Authority Tribunal Projects Agents 31 Tamil Nadu Notified Permanent Permanent Setup 980 584 32 Telangana Notified Interim Interim Setup 726 537 33 Tripura Notified Interim Interim Not Setup -- -- 34 Uttar Pradesh Notified Permanent Permanent Setup 2617 2814 35 Uttarakhand Notified Permanent Interim Setup 236 268 West Not Not Not 36 Not Setup -- -- Bengal*** Notified Established Established Total 40,578 31,693 * Haryana has two Regulatory Authority i.e. one for Gurugram and other for rest of Haryana. ** RERA was not applicable in the state of Jammu & Kashmir, however, the State has notified its own legislation named as 'The Jammu and Kashmir Real Estate (Regulation and Development) Act, 2018' on 16th December, 2018 which is identical to RERA. *** West Bengal has enacted its own Act namely 'West Bengal Housing Industry Regulation Act, 2017' however, state has been advised by MoHUA to notify the rules under Real Estate (Regulation & Development) Act, 2016. Summary: • 30 States/UTs have notified rules under RERA; 4 North Eastern States (Arunachal Pradesh, Meghalaya, Nagaland and Sikkim) are under process to notify the rules under RERA. • 28 States/UTs have set up Real Estate Regulatory Authority (Regular - 20, Interim - 08). • 21 States/UTs have set up Real Estate Appellate Tribunal (Regular -13, Interim - 08). 7 • Regulatory Authorities of 23 States/UTs have operationalised their websites under the provisions of RERA. 40,578 Real Estate Projects and 31,693 Real Estate Agents have registered under RERA across the country.
Act Extends to Residential and Commercial Real Estate Registration of Real Estate Projects with Regulatory Authority - Above 500 Square Meters or above 8 Apartments Registration of Real Estate Agents who intend to sell any plot, apartment or building - which is required to be registered with the Regulatory Authority Promoter to make disclosure of all relevant project information for public view such as - a. details of promoters, layout plan, plan of development works, land status, status of the statutory approvals, number of parking, time period for project completion etc. b. proforma of agreements to be entered into with the buyers. c. names and addresses of agents, contractors, architect, engineer etc. 8
Promoter also comply with the following - a. adherence to approved plans and project specifications b. obligations regarding authenticity of the advertisement or prospectus c. rectify structural defects d. refund money in cases of default e. compulsory deposit of 70% of the amount realized from allottees in a separate account to cover the cost of construction and land cost Act provides for establishment of Regulatory Authority in each State/UT, or one Authority for two or more States/UT, by the Appropriate Government for implementation of Act. 9
Objective of the Act An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto. 10
Explanation. — For the purpose of (k) “Carpet Area“ means this clause, the expression "exclusive the net usable floor area of balcony or verandah area" means an apartment, excluding the the area of the balcony or verandah, area covered by the external as the case may be, which is walls, areas under services appurtenant to the net usable floor shafts, exclusive balcony or area of an apartment, meant for the verandah area and exclusive exclusive use of the allottee; and open terrace area, but "exclusive open terrace area" means includes the area covered by the area of open terrace which is the internal partition walls of appurtenant to the net usable floor the apartment. area of an apartment, meant for the exclusive use of the allottee; 11
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(q) "completion certificate" means the completion certificate, or such other certificate, by whatever name called, issued by the competent ( zf ) "occupancy certificate" authority certifying that the real estate project has been means the occupancy developed according to the certificate, or such other sanctioned plan, layout plan certificate by whatever name and specifications, as approved called, issued by the competent by the competent authority authority permitting occupation under the local laws; of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity; 20
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