Monday, July 3, 2023

RERA Act Features

 

The Real Estate (Regulation and Development) Act, 2016 (RERA) was introduced to bring transparency and accountability to the real estate sector in India. The act aims to protect the interests of homebuyers and promote fair practices among developers. In this article, we will discuss the key features of the RERA Act and how it impacts the real estate sector.

Features of the RERA Act:

  1. Registration of Projects: Under the RERA Act, it is mandatory for all real estate developers to register their projects with the respective state regulatory authority. Developers must provide complete details of the project, including its layout, approved plans, and timelines for completion. This ensures that the developers complete their projects on time and not mislead buyers.

  2. Disclosure of Information: The RERA Act mandates developers to disclose all relevant information related to the project, such as the land title, project layout, approvals, and agreements with buyers. This ensures transparency in the real estate sector, and homebuyers can make informed decisions.

  3. Escrow Account: The RERA Act requires developers to open a separate escrow account for each project. All buyer payments must be deposited into this account, and the developer can withdraw funds from this account only for construction-related expenses. This ensures that the funds collected from buyers are not diverted to other projects.

  4. Liability of Developers: Under the RERA Act, developers are held liable for any structural defects or issues with the project for five years after its completion. This ensures that developers are responsible for the quality of construction and provides protection to buyers.

  5. Establishment of Regulatory Authorities: The RERA Act requires each state to establish a regulatory authority to oversee the real estate sector. These authorities are responsible for implementing the provisions of the act and ensuring compliance by developers.

Impact of RERA Act on Homebuyers

The RERA Act has had a significant impact on homebuyers in India. It has provided them with greater transparency and accountability in the real estate sector, as well as protection against unscrupulous builders. Homebuyers can now access detailed information about the project before investing in it, including the construction schedule, layout plan, and land title details. Additionally, the requirement for builders to deposit 70% of the funds collected in an escrow account ensures that the funds are used only for the project's construction, which helps to reduce the risk of delays and fraud. Establishing the RERA Appellate Tribunal also provides homebuyers with legal recourse in case of any disputes or grievances.

Impact of RERA Act on Builders

The RERA Act has also had a significant impact on builders in India. The Act has imposed greater accountability and transparency on builders, which has led to greater scrutiny of their activities. Builders are now required to provide detailed information about the project and its progress to the regulatory authority, which helps to ensure that the project is completed on time and meets specific standards of construction and quality. The requirement to deposit 70% of the funds collected in an escrow account has also affected builders' cash flow, as they can no longer divert funds to other ventures. However, the Act has helped to weed out unscrupulous builders, which has ultimately led to a more transparent and accountable real estate sector in India.

In conclusion, the RERA Act is a significant step towards protecting the interests of home buyers and bringing about transparency and accountability in the real estate sector. The law has many features that are designed to benefit buyers, such as mandatory registration of projects, timely completion of projects, and disclosure of project-related information. The establishment of the Real Estate Regulatory Authority and the dispute resolution mechanism are important subtopics related to the law that has helped improve the real estate sector.

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