The Real Estate (Regulation and Development) Act, 2016 is an Act of the parliament of India which seeks to protect home-buyers as well as help boost investments in the real estate industry. The Act establishes Real Estate Regulatory Authority (RERA) in each state for regulation of the real estate sector and also acts as an adjudicating body for speedy dispute resolution. The bill was passed by the Rajya sabha on 10 March 2016 and by the Lok sabha on 15 March 2016. The Act came into force on 1 May 2016 with 59 of 92 sections notified. Remaining provisions came into force on 1 May 2017.The Central and state governments are liable to notify the Rules under the Act within a statutory period of six months
Project Registration with RERA
The first rule is about project registration with RERA. It is compulsory to register with RERA for the real estate project with a land area greater than 500 square meters or 8 apartments before launch. This rule applies to residential as well as commercial projects.
You will be able to check registration detail on the RERA website of respective states. A project builder has to provide details such as sanction plan, project layout, project location, carpet area and facility provided while registering on the website.
Advance Payment
As per RERA rule, promoter or builder cannot demand advance payment greater than 10% of the estimated cost of a project. In case a higher amount is required as advance formal agreement with the buyer is required by the developer.
Escrow Account
RERA rule says that it is mandatory for the developer or transfer 70% of the amount received from the customers to separate account called an escrow account. This amount can be used only after getting the approval of the project. This is to safeguard money given by the customer and assure that the amount can not be used for other projects.
Penalty against failure of possession
RERA rule says that builder or developer needs to give possession of the property in a timely manner as per the commitment. In case builder fails to complete the project and give possession on time, the builder has to pay monthly interest on the amount received, till possession is given.
Updates:
Developers and builders must update about construction status quarterly. The update should be on vital information such as –
- Approval taken by the government and pending list.
- Completion schedule update and status.
- Number of unit sold and types
Change in Sanctioned Plan
Any alteration or change in the sanctioned plan can be done after getting approval from the customer. If alternation is affecting the entire project, the builder has to take approval from at least 2/3rd of the total buyers of the project.
RERA Complaint
In case of any complaints or grievances, the property buyer can file a complaint with RERA. The complaint needs to be filed at the respective RERA state website. In case the buyer is not satisfied with the resolution provided by RERA, they can approach the Appellate Tribunal and High court or Supreme Court.
Conclusion –
I hope the information given about RERA rules will help you while buying a real estate property. If you have any queries about RERA rules please write to us.



