The Real Estate (Regulation and Development) Act, 2016 (RERA) reshaped how residential and commercial real estate projects are developed, sold and regulated across India. This section covers RERA law in depth — project and agent registration requirements, mandatory disclosures and advertising restrictions, the 70% escrow account rule, permissible variations to sanctioned plans and project specifications, carpet-area and possession-timeline obligations, structural defect liability, and a promoter’s ongoing obligations even after a completion or occupancy certificate is issued. It also covers allottee remedies: filing complaints before the state Real Estate Regulatory Authority, execution of RERA orders and recovery certificates, appeals before the Real Estate Appellate Tribunal, and how RERA proceedings interact with consumer protection law, civil suits, state apartment ownership legislation, and insolvency proceedings against real estate companies. Commentary draws on RERA practice before regulatory authorities, appellate tribunals, High Courts and the Supreme Court of India, with particular depth on Delhi-NCR, Uttar Pradesh and Haryana projects, by Prashant Kanha, Advocate-on-Record, Supreme Court of India.
How to file appeal in UP Real Estate Appellate Tribunal (REAT)? An appeal is challenging of an order of a lower court/ authority. Under the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) there are two levels of Appeals. The first appeal is filed before the Real Estate Appellate Tribunal (“REAT”). The second appeal … Read more
Adherence to sanctioned plans and project specifications by the promoters under RERA. Rights of the Buyers & Obligation of the Promoter. The RERA Act provides that a proposed project shall be developed and completed by the promoter in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities. Also, if … Read more
Obligations of promoter regarding veracity of the advertisement or prospectus Where any person makes an advance or a deposit on the basis of the information contained in the notice advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be, and sustains any loss or damage by … Read more
he Section 71 of the Real Estate (Regulation & Development) Act 2016 empowers only the adjudicating officers to award compensation. As per the rulings of the Hon’ble Supreme Court, interest and damages is also compensation. Hence, those complaints which are filed under section 31 of the RERA Act, 2016 demanding refund plus interest should only be adjudicated by the Adjudicating Officers and not by the Chairperson and members of the RERA. The refund plus interest orders passed by the RERA so far are without jurisdiction hence, null and void.
When a real estate agent or broker acts in an agency capacity for a buyer or seller client in a transaction, the agent or broker functions under certain legally mandated duties called fiduciary duties, acting in the best interests of the client. Such duties are regulated in some cases and sometimes not.