What is the Real Estate Regulatory Authority (RERA)?
The Real Estate Regulatory Authority (RERA) was established under the Real Estate (Regulation and Development) Act, 2016, to regulate and promote transparency in the real estate sector. RERA ensures timely project delivery, protects homebuyers, and addresses disputes between buyers and developers.
Legal Remedies for Homebuyers Under RERA 🏡
If you’re facing delays or issues with your builder, you have several legal options under RERA and other laws:
1. File a Complaint with RERA
🔹 Approach your state-specific RERA Authority for issues like project delays, incomplete work, or lack of transparency.
2. Approach Consumer Courts
🔹 If the builder’s actions involve unfair trade practices or deficiency in service, you can file a case in consumer courts.
3. File a Criminal Complaint
🔹 In cases of fraud, cheating, or misrepresentation, lodge a criminal complaint under Bharatiya Nyaya Sanhita (BNS) sections.
4. Initiate Arbitration Proceedings
🔹 If your agreement includes an arbitration clause, you can resolve disputes through arbitration.
5. Complain to the Competition Commission of India (CCI)
🔹 If the builder is engaged in anti-competitive practices, you can approach the CCI.
Key RERA Provisions You Should Know
A. Compulsory Registration of Projects
- All new and ongoing real estate projects must be registered with the state RERA Authority.
- Projects that are less than 500 square meters or have fewer than eight apartments are exempt. However, this exemption may vary by state.
- Projects with a completion certificate (obtained before RERA enforcement) are not required to register.
B. Project Details on RERA Website
- Once registered, builders must publish complete project details on the RERA website, including:
- Project plan and layout.
- Construction progress and status.
- Approvals and certifications.
- Completion timeline.
(Section 11 of the Real Estate (Regulation and Development) Act, 2016)
Filing a Complaint with RERA
If the builder refuses to voluntarily compensate you, you can file a complaint with the RERA Authority:
- Complaint Procedure:
- File a written complaint under Section 31 of the RERA Act.
- The RERA officer will conduct an inquiry and pass an order.
- The officer functions as a judge, determining whether you are eligible for compensation.
- Representation:
- You can represent yourself or hire a lawyer, chartered accountant, cost accountant, or company secretary to appear on your behalf.
- You are not legally required to hire a lawyer.
(Section 56 of the Real Estate (Regulation and Development) Act, 2016)
Appeal Process
- If you are not satisfied with the RERA decision, you can file an appeal before the Appellate Tribunal within 60 days.
- Each state has its own RERA Appellate Tribunal to hear appeals.
(Section 44 of the Real Estate (Regulation and Development) Act, 2016)
