Vidhi Codex

The Kerala Real Estate (Regulation and Development) Act, 2015

The Kerala Real Estate (Regulation and Development) Act, 2015

Infrastructure201572 sections8 chapters

This Act, passed by Kerala before the Central real estate law, regulates real estate projects in the State. Promoters must register their projects with the Real Estate Regulatory Authority before selling, keep to the approved plans, and use a standard agreement for sale. It sets out promoters' obligations, compensation for buyers' losses, and the registration of associations of allottees.

Start reading →Read full ActSections

Chapter II REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS →

  1. 3Registration of Real Estate Project
  2. 4Grant of registration
  3. 5Extension of registration
  4. 6Revocation of registration
  5. 7Obligation of Authority consequent on lapse or revocation of registration
  6. 8Provided that no direction, decision or order of the Authority under this section shall take effect until the expiry of the period of appeal provided under the provisions of this Act.
  7. 9Provided that no such revocation or suspension shall be made by the Authority unless an opportunity of being heard has been given to the real estate agent.
  8. 10Registration of associations

Chapter III FUNCTIONS AND DUTIES OF PROMOTER →

  1. 11Obligations of promoter
  2. 12Compensation for loss
  3. 13Agreement for sale
  4. 14Adherence to approved plan and project specifications by promoter
  5. 15Transfer of title
  6. 16Creation of Mortgage or Charge
  7. 17Return of amount and Compensation
  8. 18Rights of Promoter and associations consequent to change in law or policy of Government or Local Self Government Institution

Chapter IV RIGHTS AND DUTIES OF ALLOTTEES →

  1. 19Rights and duties of allottees

Chapter V THE REAL ESTATE REGULATORY AUTHORITY →

  1. 20Establishment of Real Estate Regulatory Authority
  2. 21Composition of Authority
  3. 22Qualifications of Chairperson and Members of Authority
  4. 23Term of the office of Chairperson and Members
  5. 24Salary and allowances payable to Chairperson and Members
  6. 25Administrative powers of the Chairperson
  7. 26Removal of Chairperson and Members
  8. 27Restriction on employment after cessation of office
  9. 28Officers and other employees of Authority
  10. 29Meetings of Authority
  11. 30Provided that any decision relating to revocation of registration under section 6 shall be decided in a meeting attended by all the members.
  12. 31Functions of the Authority
  13. 32Power of Authority to adjudicate compensation
  14. 33Powers of Authority to call for information and conduct investigations
  15. 34Powers of the Authority to issue directions
  16. 35Powers of Authority
  17. 36Recovery of interest or penalty or compensation

Chapter VI THE REAL ESTATE APPELLATE TRIBUNAL →

  1. 37Establishment of Real Estate Appellate Tribunal
  2. 38Application for settlement of disputes and appeals to Appellate Tribunal
  3. 39Composition of Appellate Tribunal
  4. 40Qualifications for appointment as Chairperson and Members
  5. 41Term of office of Chairperson and Members
  6. 42Salary and allowances payable to Chairperson and Members
  7. 43Removal of Chairperson or Member from office in certain circumstances
  8. 44Provided that a Member shall not be removed from office unless he has been given an opportunity of being heard in the matter.
  9. 45Vacancies
  10. 46Powers of Appellate Tribunal
  11. 47Administrative powers of Chairperson of the Appellate Tribunal
  12. 48Right to legal representation
  13. 49Orders passed by Appellate Tribunal to be executable as a decree
  14. 50Appeal to High Court

Chapter VII OFFENCES AND PENALTIES →

  1. 51Punishment for offences under this Act
  2. 52Offences by companies
  3. 53Compounding of offences
  4. 54Provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compounded.

Chapter VIII FINANCE, ACCOUNTS, AUDITS AND REPORTS →

  1. 55Grants and Loans
  2. 56Constitution of Fund
  3. 57Crediting sums realised by way of penalties to Consolidated Fund
  4. 58Budget, accounts and audit
  5. 59Annual report

Chapter IX MISCELLANEOUS →

  1. 60Bar of Jurisdiction of Civil Court
  2. 61Delegation of Powers
  3. 62Power of Government to supersede the Authority
  4. 63Power of Government to issue directions and obtain reports and returns
  5. 64Power of Government to make rules
  6. 65Power to make regulations
  7. 66Laying of rules
  8. 67Members etc. to be public servants
  9. 68Application of other laws not barred
  10. 69Act to have overriding effect
  11. 70Protection of action done in good faith
  12. 71Power to remove difficulties
  13. 72Repeal and Saving

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