Property Purchase FAQ

What is RERA Act?

The Real Estate
(Regulation and Development) Act, 2016 (RERA) is an Act passed by the Indian
Parliament to protect the interests of home buyers and also boost investments
in the real estate sector.
All you need to know about Real Estate Act (RERA)
Under the Real Estate Act, the central and state governments, are required to notify their own rules under the Act, six months, on the basis of the model rules framed under the central Act. The Real Estate (Regulation & Development) Act, 2016 (RERA) is an Act passed by the Indian Parliament. The RERA seeks to protect the interests of home buyers and also boost investments in the real estate sector. The Rajya Sabha passed the RERA bill on March 10, 2016, followed by the Lok Sabha on March 15, 2016 and it came into force from May 1, 2016 . 59 of its 92 sections were notified on May 1, 2016 and the remaining provisions came into force from May 1, 2017. Under the Act, the central and state governments, are required to notify their own rules under the Act, six months, on the basis of the model rules framed under the central Act.

 How will RERA impact home buyers

Some of the
important compliances are:

  • Informing
    allottees about any minor addition or alteration.
  • Consent
    of 2/3rd allottees about any other addition or alteration.
  • No
    launch or advertisement before registration with RERA Consent of 2/3rd
    allottees for transferring majority rights to 3rd party.
  • Sharing
    information project plan, layout, government approvals, land title status,
    sub-contractors.
  • Increased
    assertion on the timely completion of projects and delivery to the
    consumer.
  • An
    increase in the quality of construction due to a defect liability period
    of five years.Formation of RWA within specified time or 3 months after
    majority of units have been sold.
  • Formation
    of RWA within specified time or 3 months after majority of units have been
    sold.
  • The
    most positive aspect of this Act is that it provides a unified legal
    regime for the purchase of flats; apartments, etc., and seeks to
    standardise the practice across the country. Below are certain key
    highlights of the Act:

 

Establishment of
the regulatory authority:

  • The
    absence of a proper regulator (like the Securities Exchange Board of India
    for the capital markets) in the real estate sector, was long felt. The Act
    establishes Real Estate Regulatory Authority in each state and union
    territory. Its functions include protection of the interests of the
    stakeholders, accumulating data at a designated repository and creating a
    robust grievance redressal system. To prevent time lags, the authority has
    been mandated to dispose applications within a maximum period of 60 days;
    and the same may be extended only if a reason is recorded for the delay.
    Further, the Real Estate Appellate Authority (REAT) shall be the
    appropriate forum for appeals.
  • According
    to the central act, every real estate project (where the total area to be
    developed exceeds 500 sq mtrs or more than 8 apartments is proposed to be
    developed in any phase), must be registered with its respective state’s
    RERA. Existing projects where the completion certificate (CC) or occupancy
    certificate (OC) has not been issued, are also required to comply with the
    registration requirements under the Act. While applying for registration,
    promoters are required to provide detailed information on the project e.g.
    land status, details of the promoter, approvals, schedule of completion,
    etc. Only when registration is completed and other approvals (construction
    related) are in place, can the project be marketed.
  • One
    of the primary reasons for delay of projects was that funds collected from
    one project, would invariably be diverted to fund new, different projects.
    To prevent such a diversion, promoters are now required to park 70% of all
    project receivables into a separate reserve account. The proceeds of such
    account can only be used towards land and construction expenses and will
    be required to be certified by a professional.
  • After
    the implementation of the Act, home buyers will be able to monitor the
    progress of the project on the RERA website since promoters will be
    required to make periodic submissions to the regulator regarding the
    progress of the project.
  • Promoters
    are now required to make a positive warranty on his right title and
    interest on the land, which can be used later against him by the home
    buyer, should any title defect be discovered. Additionally, they are
    required to obtain insurance against the title and construction of the
    projects, proceeds of which shall go to the allottee upon execution of the
    agreement of sale.
  • The
    Act prescribes a standard model sale agreement to be entered into between
    promoters and homebuyers. Typically, promoters insert punitive clauses
    against home buyers which penalised them for any default while similar
    defaults by the promoter attracted negligible or no penalty. Such penal
    clauses could well be a thing of the past and home buyers can look forward
    to more balanced agreements in the future.
  • To
    ensure that violation of the Act is not taken lightly, stiff monetary
    penalty (up to 10% of the project cost) and imprisonment has been
    prescribed against violators.