The Real Estate Regulatory Authority was established under the Real Estate (Regulation and Development) Act to regulate the real estate sector and resolve disputes. The Act applies retroactively to ongoing projects without completion certificates. Projects over 500 sqm or with 8+ flats must register with regulatory authorities. Disputes related to refunds and possession can be entertained, with adjudication by retired judges and appeals heard by appellate tribunals consisting of judicial and administrative members.
The Real Estate Regulatory Authority was established under the Real Estate (Regulation and Development) Act to regulate the real estate sector and resolve disputes. The Act applies retroactively to ongoing projects without completion certificates. Projects over 500 sqm or with 8+ flats must register with regulatory authorities. Disputes related to refunds and possession can be entertained, with adjudication by retired judges and appeals heard by appellate tribunals consisting of judicial and administrative members.
The Real Estate Regulatory Authority was established under the Real Estate (Regulation and Development) Act to regulate the real estate sector and resolve disputes. The Act applies retroactively to ongoing projects without completion certificates. Projects over 500 sqm or with 8+ flats must register with regulatory authorities. Disputes related to refunds and possession can be entertained, with adjudication by retired judges and appeals heard by appellate tribunals consisting of judicial and administrative members.
The Real Estate (Regulation and Development) Act (RERA) was effective on and from
1st May, 2017.
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. In the case of Newtech Promoters and Developers Limited v. State of UP the Supreme Court observed that the RERA is retroactive (taking effect from a date in the past) in nature and covers all ongoing projects for which completion certificate has not been issued. Mandatory Registration (Section 3) – Regulatory Authorities require all projects with a plot size of at least 500 square meters or eight flats to be registered. Regulatory Authority (Section 21) – The Real Estate Regulatory Authority shall consist of a Chairperson and not less than two whole time Members to be appointed by the appropriate Government. The Authority can entertain disputes pertaining to refund with interest and handing over of possession. The Adjudicating Officer is a quasi-judicial person who is required to adjudicate disputes involving compensation, arising under the RERA Act, 2016. The Adjudicating Officer shall be a retired district judge. The Real Estate Appellate Tribunal (Section 43) - Every bench of the Real Estate Appellate Tribunal shall consist of a Chairperson and at least one Judicial Member and one Administrative or Technical Member. The Appellate Tribunal is empowered to hear appeals arising out of orders passed by the Real Estate Regulatory Authority.