Civil Law and Procedure
The Real Estate (Regulation and Development) Act, 2016
Act 16 of 2016 · 92 sections
Title, date and preamble
[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:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS
- 3.Prior registration of real estate project with Real Estate Regulatory Authority
- 4.Application for registration of real estate projects
- 5.Grant of registration
- 6.Extension of registration
- 7.Revocation of registration
- 8.Obligation of Authority consequent upon lapse of or on revocation of registration
- 9.Registration of real estate agents
- 10.Functions of real estate agents
CHAPTER III FUNCTIONS AND DUTIES OF PROMOTER
- 11.Functions and duties of promoter
- 12.Obligations of promoter regarding veracity of the advertisement or prospectus
- 13.No deposit or advance to be taken by promoter without first entering into agreement for sale
- 14.Adherence to sanctioned plans and project specifications by the promoter
- 15.Obligations of promoter in case of transfer of a real estate project to a third party
- 16.Obligations of promoter regarding insurance of real estate project
- 17.Transfer of title
- 18.Return of amount and compensation
CHAPTER IV RIGHTS AND DUTIES OF ALLOTTEES
CHAPTER V THE REAL ESTATE REGULATORY AUTHORITY
- 20.Establishment and incorporation of Real Estate Regulatory Authority
- 21.Composition of Authority
- 22.Qualifications of Chairperson and Members of Authority
- 23.Term of office of Chairperson and Members
- 24.Salary and allowances payable to Chairperson and Members
- 25.Administrative powers of Chairperson
- 26.Removal of Chairperson and Members from office in certain circumstances
- 27.Restrictions on Chairperson or Members on employment after cessation of office
- 28.Officers and other employees of Authority
- 29.Meetings of Authority
- 30.Vacancies, etc., not to invalidate proceeding of Authority
- 31.Filing of complaints with the Authority or the adjudicating officer
- 32.Functions of Authority for promotion of real estate sector
- 33.Advocacy and awareness measures
- 34.Functions of Authority
- 35.Powers of Authority to call for information, conduct investigations
- 36.Power to issue interim orders
- 37.Powers of Authority to issue directions
- 38.Powers of Authority
- 39.Rectification of orders
- 40.Recovery of interest or penalty or compensation and enforcement of order, etc
CHAPTER VI CENTRAL ADVISORY COUNCIL
CHAPTER VII THE REAL ESTATE APPELLATE TRIBUNAL
- 43.Establishment of Real Estate Appellate Tribunal
- 44.Application for settlement of disputes and appeals to Appellate Tribunal
- 45.Composition of Appellate Tribunal
- 46.Qualifications for appointment of Chairperson and Members
- 47.Term of office of Chairperson and Members
- 48.Salary and allowances payable to Chairperson and Members
- 49.Removal of Chairperson and Member from office in certain circumstances
- 50.Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office
- 51.Officers and other employees of Appellate Tribunal
- 52.Vacancies
- 53.Powers of Tribunal
- 54.Administrative powers of Chairperson of Appellate Tribunal
- 55.Vacancies, etc., not to invalidate proceeding of Appellate Tribunal
- 56.Right to legal representation
- 57.Orders passed by Appellate Tribunal to be executable as a decree
- 58.Appeal to High Court
CHAPTER VIII OFFENCES, PENALTIES AND ADJUDICATION
- 59.Punishment for nonregistration under section 3
- 60.Penalty for contravention of section 4
- 61.Penalty for contravention of other provisions of this Act
- 62.Penalty for nonregistration and contravention under sections 9 and 10
- 63.Penalty for failure to comply with orders of Authority by promoter
- 64.Penalty for failure to comply with orders of Appellate Tribunal by promoter
- 65.Penalty for failure to comply with orders of Authority by real estate agent
- 66.Penalty for failure to comply with orders of Appellate Tribunal by real estate agent
- 67.Penalty for failure to comply with orders of Authority by allottee
- 68.Penalty for failure to comply with orders of Appellate Tribunal by allottee
- 69.Offences by companies
- 70.Compounding of offences
- 71.Power to adjudicate
- 72.Factors to be taken into account by the adjudicating officer
CHAPTER IX FINANCE, ACCOUNTS, AUDITS AND REPORTS
CHAPTER X MISCELLANEOUS
- 79.Bar of jurisdiction
- 80.Cognizance of offences
- 81.Delegation
- 82.Power of appropriate Government to supersede Authority
- 83.Powers of appropriate Government to issue directions to Authority and obtain reports and returns
- 84.Power of appropriate Government to make rules
- 85.Power to make regulations
- 86.Laying of rules
- 87.Members, etc., to be public servants
- 88.Application of other laws not barred
- 89.Act to have overriding effect
- 90.Protection of action taken in good faith
- 91.Power to remove difficulties
- 92.Repeal