Real Estate Regulation and Development Bill - What's in for Me?

Over the last few weeks, I'm sure we've read or seen 'Center to introduce real estate regulatory authority bill' this winter session of the parliament on the print or visual media. The details of this bill wasn't clear to many readers. We bring you the insights of Draft Real Estate Regulation & Development bill.

The bill aims at restoring confidence of general public in the real estate sector; by instituting transparency and accountability in real estate and housing transactions. In the current scenario, consumer are often unable to get complete information or enforce accountability against builders and developers in absence of effective regulation.

Here are the key features;

  • Establishment of a ‘Real Estate Regulatory Authority’ in each State by the Appropriate Government (Centre for the UTs and State Governments in the case of the States), with specified functions, powers, and responsibilities to facilitate the orderly and planned  growth of the sector;
  • Mandatory registration of developers / builders, who intend to sell any immovable property, with the Real Estate Regulatory Authority as a system of accreditation;
  • Mandatory public disclosure norms for all registered developers, including details of developer, project, land status , statutory approvals and contractual obligations;
  • Obligations of promoters to adhere to approved plans and project specifications, and to refund moneys in cases of default;
  • Obligation of allottee to make necessary payments and other charges agreed to under the agreement and payment of interest in case of any delay;
  • Provision to compulsorily deposit a portion of funds received from the allottees in a separate bank account, to be used for that real estate project only;
  • The Authority to act as the nodal agency to co-ordinate efforts regarding development of the real estate sector and render necessary advice to the appropriate Government to ensure the growth and promotion of a transparent, efficient and competitive real estate sector; as also establish dispute resolution mechanisms for settling disputes between promoters and allottees/ buyers;
  • Authorities to comprise of one Chairperson and not less than two members having adequate knowledge and experience of the sector;
  • Establishment of a ‘Real Estate Appellate Tribunal’ by the Central Government to hear appeals from the orders of the Authority and to adjudicate on disputes.  Tribunal  to be headed by a sitting or retired Judge of Supreme Court or Chief Justice of High Court with 4 judicial and at-least 4 administrative/technical members;
  •  Chairperson of the Tribunal to have powers to constitute Benches, for exercising powers of the Tribunal;
  • Establishment of a Central Advisory Council to advise the Central Government on matters concerning implementation of the Act.
  • Council to make recommendations on major questions of policy, protection of consumer interest and to foster growth and development of the real estate sector;
  • Penal provisions to ensure compliance with orders of the Authority and Tribunal;
  • Jurisdiction of Civil Courts barred on matters which the Authority or the Tribunal is empowered to determine;
  • Both Centre and States to have  powers to make rules over subjects specified in the Bill, and the Regulatory Authority to have powers to make regulations;
  • Powers to Central Government to issue directions to States on matters specified in the Act have also been specified.

It's also heard that most real estate developers have objected to the bill, but, the government has put its foot down saying the bill aims to address concerns and protect interest of buyers. If the proposed law goes through there will be a real estate regulatory in every state. Lets hope for the best.

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