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What is the Real Estate (Regulation and Development) Act (RERA), and what are its main objectives?

02-Aug-2024
RERA

Answer By law4u team

The Real Estate (Regulation and Development) Act (RERA) is a landmark legislation enacted by the Indian government in 2016 to regulate the real estate sector and ensure transparency, accountability, and efficiency in real estate transactions. Here are the main objectives and key provisions of RERA: Main Objectives of RERA Protect the Interests of Home Buyers: RERA aims to protect home buyers and ensure that they are not exploited by developers. It mandates that developers provide all necessary information about the project and adhere to the agreed-upon terms. Promote Transparency and Accountability: The act requires developers to register their projects with the Real Estate Regulatory Authority and provide detailed project information, including project plans, layout, government approvals, land title status, and completion schedules. Ensure Timely Completion of Projects: RERA mandates strict adherence to project timelines and imposes penalties on developers for delays. This ensures that projects are completed and delivered to buyers on time. Enhance the Credibility of the Real Estate Sector: By introducing standardization and regulation, RERA aims to increase the credibility and trustworthiness of the real estate sector, attracting more investments and promoting growth. Facilitate Grievance Redressal: RERA provides a mechanism for speedy redressal of grievances for home buyers and other stakeholders. It establishes Real Estate Regulatory Authorities and Real Estate Appellate Tribunals at the state level for resolving disputes. Key Provisions of RERA Project Registration: All commercial and residential real estate projects with a land area of more than 500 square meters or eight apartments must be registered with RERA before advertising or selling. Developers must provide detailed information about the project, including land status, approvals, layout plans, and timelines for completion. Escrow Account: Developers are required to deposit 70% of the project funds collected from buyers into a separate escrow account. This ensures that the funds are used only for the construction of the project and land-related costs, preventing diversion of funds to other projects. Disclosure of Project Details: Developers must update project details, including the number of units sold, project status, and completion timelines, on the RERA website. This information must be accessible to home buyers and other stakeholders. Adherence to Approved Plans: Developers cannot make any changes to the sanctioned plans, layout, or specifications without the consent of at least two-thirds of the allottees (home buyers). Penalties for Non-Compliance: RERA imposes stringent penalties on developers for non-compliance with its provisions. This includes fines, imprisonment, or both, depending on the severity of the violation. Grievance Redressal Mechanism: RERA establishes Real Estate Regulatory Authorities at the state level to oversee the implementation of the act and resolve disputes. It also sets up Real Estate Appellate Tribunals to hear appeals against the decisions of the regulatory authorities. Rights and Duties of Allottees: The act defines the rights and duties of home buyers (allottees), ensuring they receive timely possession of the property, necessary documents, and a refund with interest in case of project delays or cancellations. Real Estate Agents: RERA mandates the registration of real estate agents and brokers with the regulatory authority. It also regulates their conduct and imposes penalties for non-compliance. Conclusion The Real Estate (Regulation and Development) Act (RERA) is a comprehensive legal framework aimed at regulating the real estate sector, protecting the interests of home buyers, promoting transparency, and ensuring the timely completion of projects. By introducing standardized practices and a robust grievance redressal mechanism, RERA seeks to build trust and confidence among stakeholders, ultimately contributing to the sector's growth and development.

Answer By M.srinivasan

The Real Estate (Regulation and Development) Act, 2016 (RERA) is an Indian legislation that aims to regulate and promote the real estate sector, protecting the interests of homebuyers and promoting transparency and accountability in the industry. Main objectives of RERA: 1. *Transparency and Accountability*: Ensure transparency in project planning, execution, and delivery. 2. *Homebuyer Protection*: Safeguard homebuyers' interests, ensuring timely possession and quality construction. 3. *Regulatory Framework*: Establish a regulatory framework for the real estate sector. 4. *Dispute Resolution*: Provide a mechanism for speedy dispute resolution. 5. *Standardization*: Standardize business practices and transactions in the real estate sector. 6. *Financial Discipline*: Promote financial discipline and accountability among developers. 7. *Quality Construction*: Ensure quality construction and adherence to building codes and standards. Key provisions of RERA: 1. Mandatory registration of projects and developers 2. Disclosure of project details and status 3. Establishment of Real Estate Regulatory Authority (RERA) in each state 4. Appellate Tribunal for dispute resolution 5. Imprisonment and penalties for non-compliance RERA aims to create a more transparent, efficient, and buyer-friendly real estate market in India.

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