BENEFITS OF PROPERTY BUYERS THROUGH THE RERA ACT

May 2, 2024

Across the world, the real estate industry has seen enormous transformation lately as regulatory bodies implemented policies into effect that safeguard property buyers’ interests. The Real Estate (Regulation and Development) Act, or rera act 2016, constitutes one such significant piece of legislation. This real estate regulation act was enacted to foster fair practices among developers and protect the rights of property buyers, real estate rera was intended to bring accountability and transparency to the real estate sector.         

RERA Act

  • The RERA bill was passed by the Rajya Sabha on 10th March, 2016 and by the Lok Sabha on 15th March 2016.
  • It was effective from 1st May, 2016.
  • This real estate regulatory authority act aims to protect buyers and boost real estate investment.

about rera

  • rera act meaning: This ground-breaking law was passed with two goals in mind: to protect the interests of homebuyers and to bring accountability, transparency, and discipline to the real estate sector. Residential real estate developments fall under the purview of RERA Act, which has multiple goals.
  • First and foremost, the rera act seeks to encourage developers to use fair methods by making sure that buyers of real estate receive what was promised within predetermined time frames. It mandates that builders register their projects with the appropriate authority and provide essential information, allowing prospective buyers to view project details.
  • Secondly, the rera regulation solves the long-standing problem of fund diversion by requiring developers to place a sizeable amount of project cash in an escrow account, which guards against misuse.

purpose of rera act       

  • The establishment of RERA authorities in each Indian state to oversee and mediate projects in the relevant form.
  • The RERA authority must receive registrations for all real estate projects. If regulations are followed, the authority will approve the project’s registration.
  • Setting up of a fast-track dispute resolution system.
  • The promoter of a real estate project needs the written consent of at least two-thirds of the project’s allottees in order to receive RERA approval for the transfer of the project’s rights and liabilities to a third party.
  • The promoter is required to compensate the buyer in situations when the buyer suffers financial damages as a result of third parties making claims on the under-construction property because of the promoter’s acts. In the event of a default, both the buyer and the promoter are required to pay the same interest rate.
  • A person may register a complaint if they believe that an agent, buyer, or promoter has violated any of the Act’s rules.
  • A promoter may be required to pay a penalty equal to up to 5% of the property’s estimated cost if they violate RERA regulations.
  • Appellate Tribunal hearings are available for appeal in the event that any judgment made by the RERA authority regarding a complaint is deemed inadequate.
  • If the Appellate Tribunal’s order is not followed, there will be a penalty. This can result in a maximum 3-year prison sentence or 10% of the project’s estimated cost.

registration under rera: Procedure

  • Step 1: Establishing an Account

Making an account on the RERA website is the first step towards registering a project under RERA. Fill out the signup form with your name, email address, as well as mobile number to get started.

  • Step 2: Filling Out the Application Form

Once an account has been properly created, the application needs to be filled out. This form requests all of the project’s details, including its location, size, number of units, and projected completion date.

  • Step 3: Upload Document

Uploading the necessary papers is the next step after submitting the application form. The building plan, land-use certificate, and title deed are all included in these documents. The application also has to provide information about the contractor(s), engineer(s), and architect(s) working on the project.

  • Step 4: Payment of Fees

An applicant must pay the registration fees after uploading all necessary files. It is important to remember that registration fees can differ from state to state, thus applicants should visit the relevant RERA website to get exact pricing information.

  • Step 5: Certificate of Registration Received

Once the payments have been successfully paid, your application will be examined. If all the information is in line with the regulations, the applicant will get a registration certificate. The name, location, and anticipated completion date of the project, among other important details, are officially documented in this certificate.

In terms of improving real estate market transparency, raising developer and promoter accountability, and offering efficient mechanisms for resolving grievances, the Act is a huge step forward. There won’t be as many lawsuits in the highly corrupt sector because of the strict rera act and rules. The enactment of RERA Act is a significant advancement in educating consumers, advocates, and developers.

RERA Act FAQs           

  1. What is the limitation period under RERA?

It is imperative to take fast action as there is a one-year statute of limitations under the RERA Act from the date of possession.            

  1. Can RERA revoke the registration of a project after its completion?

Real estate projects registered under RERA may have their registrations cancelled by RERA authorities. The RERA Portal, news articles, and other media outlets may publish the name and status of a project that has had its registration cancelled as a “LAPSED PROJECT” or a “Revoked Project,” according to the RERA Authorities.   

  1. What happens if a builder delay possession as per RERA?             

Under the RERA Act, the buyer may sue the builder for damages and compensation if possession is delayed. In the event that the builder unilaterally modifies the project’s date of possession, the buyer may also withdraw from the project and request a return of the money they paid.         

  1. Can Rera Authority take action against unregistered projects?

A lot of technology is being used by the Karnataka RERA Authority to identify unregistered developments. Homebuyers of unregistered RERA projects are now able to submit a complaint with RERA in cases where the project is still unfinished and not yet registered, according to the most recent decision.

  1. What if the builder is not registered with RERA?

If a property is not registered with the RERA, it will be subject to the following fines. An imprisonment sentence, a fine of up to fifty percent, or both could be applied for violating the rules.

  1. Can a builder build without RERA?

In order for the RERA to have jurisdiction over real estate projects, all projects have to be registered with the organization.

  1. What is the scope of RERA Act?

Residential real estate developments fall under the purview of RERA, which has multiple goals. First and foremost, the act seeks to encourage developers to use fair methods by making sure that buyers of real estate receive what was promised within predetermined time frames.

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