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 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.

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