Vidhi Codex

The Real Estate (Regulation and Development) Act, 2016

The Real Estate (Regulation and Development) Act, 2016

Infrastructure201692 sections9 chapters

The Real Estate (Regulation and Development) Act, 2016, regulates residential and commercial property transactions in India. It applies to real estate developers, home buyers, and agents, mandating the registration of projects and brokers with state regulatory bodies. This law matters immensely to citizens because it protects buyers from project delays and fraud by requiring developers to deposit seventy percent of project funds into separate bank accounts strictly for construction. It also establishes dedicated tribunals for quick dispute resolution and makes developers legally liable for structural defects, thereby ensuring transparency, safety, financial accountability, and fair play in the Indian housing sector.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

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

  1. 4Application for registration of real estate projects
  2. 5Grant of registration
  3. 6Extension of registration
  4. 7Revocation of registration
  5. 8Obligation of Authority consequent upon lapse of or on revocation of registration
  6. 9Registration of real estate agents
  7. 10Functions of real estate agents
  8. 11Functions and duties of promoter
  9. 12Obligations of promoter regarding veracity of the advertisement or prospectus
  10. 13No deposit or advance to be taken by promoter without first entering into agreement for sale
  11. 14Adherence to sanctioned plans and project specifications by the promoter
  12. 15Obligations of promoter in case of transfer of a real estate project to a third party
  13. 16Obligations of promoter regarding insurance of real estate project
  14. 17Transfer of title
  15. 18Return of amount and compensation

Chapter IV RIGHTS AND DUTIES OF ALLOTTEES →

  1. 19Rights and duties of allottees.

Chapter V THE REAL ESTATE REGULATORY AUTHORITY →

  1. 20Establishment and incorporation of Real Estate Regulatory Authority.
  2. 21Composition of Authority.
  3. 22Qualifications of Chairperson and Members of Authority.
  4. 23Term of office of Chairperson and Members.
  5. 24Salary and allowances payable to Chairperson and Members.
  6. 25Administrative powers of Chairperson.
  7. 26Power to enforce orders of adjudicating officer, Authority or Appellate Tribunal
  8. 27Restrictions on Chairperson or Members on employment after cessation of office.
  9. 28Officers and other employees of Authority.
  10. 29Meetings of Authority.
  11. 30Vacancies, etc., not to invalidate proceeding of Authority.
  12. 31Filing of complaints with the Authority or the adjudicating officer.
  13. 32Functions of Authority for promotion of real estate sector.
  14. 33Advocacy and awareness measures.
  15. 34Functions of Authority.
  16. 35Powers of Authority to call for information, conduct investigations.
  17. 36Power to issue interim orders.
  18. 37Powers of Authority to issue directions.
  19. 38Powers of Authority.
  20. 39Rectification of orders.
  21. 40Recovery of interest or penalty or compensation and enforcement of order, etc.

Chapter VI CENTRAL ADVISORY COUNCIL →

  1. 41Establishment of Central Advisory Council
  2. 42Functions of Central Advisory Council

Chapter VII THE REAL ESTATE APPELLATE TRIBUNAL →

  1. 43Establishment of Real Estate Appellate Tribunal
  2. 44Application for settlement of disputes and appeals to Appellate Tribunal
  3. 45Composition of Appellate Tribunal
  4. 46Qualifications for appointment of Chairperson and Members
  5. 47Term of office of Chairperson and Members
  6. 48Salary and allowances payable to Chairperson and Members
  7. 49Removal of Chairperson and Member from office in certain circumstances
  8. 50Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office
  9. 51Officers and other employees of Appellate Tribunal
  10. 52Vacancies
  11. 53Powers of Tribunal
  12. 54Administrative powers of Chairperson of Appellate Tribunal
  13. 55Vacancies, etc., not to invalidate proceeding of Appellate Tribunal
  14. 56Right to legal representation
  15. 57Orders passed by Appellate Tribunal to be executable as a decree
  16. 58Appeal to High Court

Chapter VIII OFFENCES, PENALTIES AND ADJUDICATION →

  1. 59Punishment for nonregistration under section 3
  2. 60Penalty for contravention of section 4
  3. 61Penalty for contravention of other provisions of this Act
  4. 62Penalty for nonregistration and contravention under sections 9 and 10
  5. 63Penalty for failure to comply with orders of Authority by promoter
  6. 64Penalty for failure to comply with orders of Appellate Tribunal by promoter
  7. 65Penalty for failure to comply with orders of Authority by real estate agent
  8. 66Penalty for failure to comply with orders of Appellate Tribunal by real estate agent
  9. 67Penalty for failure to comply with orders of Authority by allottee
  10. 68Penalty for failure to comply with orders of Appellate Tribunal by allottee
  11. 69Offences by companies
  12. 70Compounding of offences
  13. 71Power to adjudicate
  14. 72Factors to be taken into account by the adjudicating officer

Chapter IX FINANCE, ACCOUNTS, AUDITS AND REPORTS →

  1. 73Grants and loans by Central Government
  2. 74Grants and loans by State Government
  3. 75Constitution of Fund
  4. 76Crediting sums realised by way of penalties to Consolidated Fund of India or State account
  5. 77Budget, accounts and audit
  6. 78Annual report

Chapter X MISCELLANEOUS →

  1. 79Bar of jurisdiction
  2. 80Cognizance of offences
  3. 81Delegation
  4. 82Power of appropriate Government to supersede Authority
  5. 83Powers of appropriate Government to issue directions to Authority and obtain reports and returns
  6. 84Power of appropriate Government to make rules
  7. 85Power to make regulations
  8. 86Laying of rules
  9. 87Members, etc., to be public servants
  10. 88Application of other laws not barred
  11. 89Act to have overriding effect
  12. 90Protection of action taken in good faith
  13. 91Power to remove difficulties
  14. 92Repeal

PDF: pending for this language.