RealtyRegulation

The Real Estate (Regulation & Development) Act

Documents Required

Registration

Audits

Quarterly Returns

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Real Estate

The real estate (regulation & development) act

The Real Estate (Regulation and Development) Act , 2016 (popularly known as RERA) is an Act of the Parliament of India which came into force from 1 May 2016 which applies to the whole of India.

This Act has been established to:

Regulate and promote the Real Estate sector

To ensure the sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner

To protect the interest of consumers in the real estate sector

To establish an adjudicating mechanism for speedy dispute redressal

To establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto.

RERA – Real Estate Sector

Compliances to be Followed by the Real Estate Sector

The RERA has prescribed various compliances to be followed by the Real Estate industry to adhere to the Rules and Regulations made thereunder. Following are the compliances which need to be followed by the Real Estate Sector:

Mandatory 01
Registration
Under RERA, registration of Real Estate Projects and Real Estate Agents is compulsory if the project land exceeds 500 square meters or comprises more than 8 apartments. The registration of Real Estate Projects and Real Estate Agents has been explained in detail under the heading "RERA Registration" under the Tab "License and IPR".
Mandatory 02
Web Page Maintenance
The promoter is mandatorily required to maintain a web page on the website of the authority to display the details of the projects therein. This ensures full transparency and accessibility of project information to all stakeholders and potential buyers.
Mandatory 03
Agreement of Sale
A Real Estate promoter must mandatorily enter into an Agreement of Sale with the buyer before accepting more than 10% of the sale consideration. This protects buyers by ensuring formal documentation precedes any significant financial commitment.
Mandatory 04
Adherence to Plan
No major structural alterations or additions can be made to the approved layout plans without the prior written consent of at least two-thirds (2/3rd) of the allottees.
Annual 05
Separate Bank Account
70% of the amounts realised for a real estate project from allottees, from time to time, shall be deposited in a separate scheduled bank account to cover the cost of construction and the land cost, and shall be used only for that purpose.
  • Withdrawal permitted only upon certification by a certified Engineer, approved Architect, or a Chartered Accountant in practice.
  • Withdrawal must be in proportion to the percentage of completion of the project.
Quarterly 06
Audit of Accounts
The promoter is required to get accounts audited within 6 months after the end of every financial year by a Chartered Accountant in practice, and shall produce a statement of accounts duly certified and signed by such Chartered Accountant.
  • The Chartered Accountant must verify that amounts collected for a project have been utilised for that project.
  • Withdrawals must be in compliance with the proportion to the percentage of completion of the project.

Frequently Asked Questions

Private Limited Company Registration

The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, is a law enacted to regulate the real estate sector, promote transparency, and protect the interests of homebuyers across India.

Yes. RERA registration is mandatory for projects where the land area exceeds 500 square meters or where the project has more than 8 apartments. Real estate agents dealing with such projects must also register under RERA.

Under RERA, promoters must deposit 70% of the funds collected from buyers into a separate bank account. This amount can only be used for construction and land-related expenses of that specific project.

Yes. Promoters must get their project accounts audited every financial year by a practicing Chartered Accountant to ensure proper utilization of funds.

Promoters are required to provide quarterly updates regarding booked apartments or plots, garages booked, approvals received, pending approvals, and the overall progress of the project.

The Real Estate (Regulation & Development) Act

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