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Act16
Enacted 2016

The Real Estate (Regulation and Development) Act, 2016

In force 92 sections Housing and Urban Affairs

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.

Act 16 of 2016 Enacted 25 Mar 2016 In force 01 May 2016

Administered by. Ministry of Housing and Urban Affairs · Other Acts of 2016

Preamble

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

ACT NO. 16 OF 2016

[25th March, 2016.] 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.

BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:---

What this Act covers

Summary of the Real Estate (Regulation and Development) Act, 2016

Key Provisions

1. Regulatory Oversight and Enforcement: - Suspension of Real Estate Agents: Registrations may be suspended for a fitting period after providing an opportunity to be heard.

• Penalties for Non-Compliance (Emphasized from New Context):

• Promoters:

• Up to 10% of the project's estimated cost for non-registration.

• Up to 3 years imprisonment or an additional 10% for continued violation.

• Daily penalties for non-compliance with orders, calculated based on the project's cost as determined by the Authority.

• Real Estate Agents:

• Daily penalties up to 5% of the plot/apartment/building cost for the facilitated sale/purchase.

• Up to 1 year imprisonment for non-compliance with orders.

• Allottees:

• Daily penalties for non-compliance with orders, cumulatively up to 5% of the cost as determined by the Authority.

2. Functions and Responsibilities: - Real Estate Agents:

• Prohibited Practices: Misrepresentation, unauthorized advertisements.

• Mandatory Practices: Transparency, record-keeping.

• Sector Development Recommendations:

• Protection of stakeholders' interests.

• Streamlined, time-bound project approvals.

• Robust grievance mechanisms.

• Encouragement of sustainable, affordable housing.

• Digitization of land records for conclusive titles.

3. Governance and Oversight

• Due Process for Regulatory Actions: Emphasis on providing a hearing before suspension/revocation of registrations.

• Authority and Appellate Tribunal Powers: Issuing binding directions, imposing penalties, and ensuring compliance.

Sections

Type to filter. 92 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Prior registration of real estate project with Real Estate Regulatory Authority
  4. 4Application for registration of real estate projects
  5. 5Grant of registration
  6. 6Extension of registration
  7. 7Revocation of registration
  8. 8Obligation of Authority consequent upon lapse of or on revocation of registration
  9. 9Registration of real estate agents
  10. 10Functions of real estate agents
  11. 11Functions and duties of promoter
  12. 12Obligations of promoter regarding veracity of the advertisement or prospectus
  13. 13No deposit or advance to be taken by promoter without first entering into agreement for sale
  14. 14Adherence to sanctioned plans and project specifications by the promoter
  15. 15Obligations of promoter in case of transfer of a real estate project to a third party
  16. 16Obligations of promoter regarding insurance of real estate project
  17. 17Transfer of title
  18. 18Return of amount and compensation
  19. 19Rights and duties of allottees
  20. 20Establishment and incorporation of Real Estate Regulatory Authority
  21. 21Composition of Authority
  22. 22Qualifications of Chairperson and Members of Authority
  23. 23Term of office of Chairperson and Members
  24. 24Salary and allowances payable to Chairperson and Members
  25. 25Administrative powers of Chairperson
  26. 26Removal of Chairperson and Members from office in certain circumstances
  27. 27Restrictions on Chairperson or Members on employment after cessation of office
  28. 28Officers and other employees of Authority
  29. 29Meetings of Authority
  30. 30Vacancies, etc., not to invalidate proceeding of Authority
  31. 31Filing of complaints with the Authority or the adjudicating officer
  32. 32Functions of Authority for promotion of real estate sector
  33. 33Advocacy and awareness measures
  34. 34Functions of Authority
  35. 35Powers of Authority to call for information, conduct investigations
  36. 36Power to issue interim orders
  37. 37Powers of Authority to issue directions
  38. 38Powers of Authority
  39. 39Rectification of orders
  40. 40Recovery of interest or penalty or compensation and enforcement of order, etc
  41. 41Establishment of Central Advisory Council
  42. 42Functions of Central Advisory Council
  43. 43Establishment of Real Estate Appellate Tribunal
  44. 44Application for settlement of disputes and appeals to Appellate Tribunal
  45. 45Composition of Appellate Tribunal
  46. 46Qualifications for appointment of Chairperson and Members
  47. 47Term of office of Chairperson and Members
  48. 48Salary and allowances payable to Chairperson and Members
  49. 49Removal of Chairperson and Member from office in certain circumstances
  50. 50Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office
  51. 51Officers and other employees of Appellate Tribunal
  52. 52Vacancies
  53. 53Powers of Tribunal
  54. 54Administrative powers of Chairperson of Appellate Tribunal
  55. 55Vacancies, etc., not to invalidate proceeding of Appellate Tribunal
  56. 56Right to legal representation
  57. 57Orders passed by Appellate Tribunal to be executable as a decree
  58. 58Appeal to High Court
  59. 59Punishment for nonregistration under section 3
  60. 60Penalty for contravention of section 4
  61. 61Penalty for contravention of other provisions of this Act
  62. 62Penalty for nonregistration and contravention under sections 9 and 10
  63. 63Penalty for failure to comply with orders of Authority by promoter
  64. 64Penalty for failure to comply with orders of Appellate Tribunal by promoter
  65. 65Penalty for failure to comply with orders of Authority by real estate agent
  66. 66Penalty for failure to comply with orders of Appellate Tribunal by real estate agent
  67. 67Penalty for failure to comply with orders of Authority by allottee
  68. 68Penalty for failure to comply with orders of Appellate Tribunal by allottee
  69. 69Offences by companies
  70. 70Compounding of offences
  71. 71Power to adjudicate
  72. 72Factors to be taken into account by the adjudicating officer
  73. 73Grants and loans by Central Government
  74. 74Grants and loans by State Government
  75. 75Constitution of Fund
  76. 76Crediting sums realised by way of penalties to Consolidated Fund of India or State account
  77. 77Budget, accounts and audit
  78. 78Annual report
  79. 79Bar of jurisdiction
  80. 80Cognizance of offences
  81. 81Delegation
  82. 82Power of appropriate Government to supersede Authority
  83. 83Powers of appropriate Government to issue directions to Authority and obtain reports and returns
  84. 84Power of appropriate Government to make rules
  85. 85Power to make regulations
  86. 86Laying of rules
  87. 87Members, etc., to be public servants
  88. 88Application of other laws not barred
  89. 89Act to have overriding effect
  90. 90Protection of action taken in good faith
  91. 91Power to remove difficulties
  92. 92Repeal

Rules made under this Act

30 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Notification of the amendments in the Punjab Real Estate Regulatory Authority (Recruitment and conditions of service of employees) Regulations, 2017, dated 22.04.20222022
  • Punjab Real Estate Regulatory Authority, Regulations (General) amendment gazette dated 20.01.20222022
  • Punjab Real Estate Regulatory Authority, Regulations (Procedure for handling complaints and related matters ) amendment gazette dated 21.01.20222022
  • Rajasthan Real Estate (Regulation and Development) (Amendment) Rules, 20222022
  • Appointment of one more Administrative/Technical Member on The Maharashtra Real Estate Appellate Tribunal formation2021
  • Notification regarding establishment of the Chhattisgarh Real Estate Appellate Tribunal, for the state of Chhattisgarh at Raipur.2021
  • Rajasthan Real Estate (Regulation and Development) (Amendment) Rules, 20212021
  • Rajasthan Real Estate (Regulation and Development) (Second Amendment) Rules, 20212021
  • The Rajasthan Real Estate (Regulation and Development) (Amendment) Rules, 20202020
  • The Maharashtra Real Estate Appellate Tribunal formation2019
  • These rules may called the Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects, Registration of real estate agents, rates of interests and disclosures on website) (Amendment) Rules, 20192019
  • Punjab Real Estate Regulatory Authority (Procedure for handling complaints and related matters ) Regulations, 20172018
  • Rajasthan Real Estate (Regulation and development) (Amendment) Rules 20182018
  • Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 20182018
  • These rules may be called the Maharashtra Real Estate Appellate Tribunal (Members Officers and Employees) (Appointment and Service Conditions) Rules, 2018.2018
  • C.G. Bhusampada Pradhikaran and Adhikaran Ki Sthapana2017
  • Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 20172017
  • The Chhattisgargh Real Estate Regulatory Fund Rules, 20172017
  • The Himachal Pradesh Real Estate (Regulation and Development) Rules, 20172017
  • These regulations may be called the Maharashtra Real Estate Regulatory Authority (Recruitment and Conditions of Service of Employees) Regulations, 20172017
  • These rules may be called the Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017.2017
  • These rules may be called the Maharashtra Real Estate Appellate Tribunal(Members Officers and Employees) (Appointment and Service Conditions) Rules, 2017.2017
  • These rules may be called the Maharashtra Real Estate Regulatory Authority (Form of Annual Statement of Accounts and Annual Report) Rules, 2017.2017
  • These rules may be called the Maharashtra Real Estate Regulatory Authority, Chairperson, Members Officers and other Employees (Appointment and Service Conditions) Rules, 2017.2017
  • Andaman and Nicobar Islands Real Estate (Regulation and Development) (Agreement for Sale) Rules, 20162016
  • Chandigarh Real Estate (Regulation and Development) (Agreement for Sale) Rules, 20162016
  • Dadra and Nagar Haveli Real Estate (Regulation and Development) (Agreement for Sale) Rules, 20162016
  • Daman and Diu Real Estate (Regulation and Development) (Agreement for Sale) Rules, 20162016
  • Lakshadweep Real Estate (Regulation and Development) (Agreement for Sale) Rules, 20162016
  • National Capital Territory of Delhi Real Estate (Regulation and Development) (General) Rules, 20162016

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 92 sections of this Act has its own page. This page is not a substitute for legal advice.