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THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 has been came into force, with effect from 26th March 2016. The Act is applicable to all states in India except Jammu and Kashmir.

This Act is intended to establish a regulatory authority, named “Real Estate Regulatory Authority” to regulate the entire activities in the Real Estate Sector and ensures the rights of the purchasers. The Act covers both residential and commercial buildings and even plots. There is grievance redressal mechanism under the Act.

All the real estate projects are compulsorily registrable under the Act. Any advertisements or materials without registration of the project under the Act is strictly forbidden.

Another salient feature in this enactment is that there is procedure prescribed for registration of “Real Estate Agent” which was an unrecognized area of activities till date.

Another interesting feature shall be the official online portal managed by the government for management and information center about the registered real estate projects, which is to be posted by the real estate promoters. This would definitely enhance the transparency and trust.

The obligations of the promoter and rights of the allottee are well defined in the Act. An Appellate Tribunal for redressing the grievances out of this Act also shall be constituted, against which Appeal can be preferred to High Court.