What are the Objectives of RERA?

Breakdown of the objectives of RERA (Real Estate Regulatory Authority) as established under the Real Estate (Regulation and Development) Act, 2016:

🎯 Objectives of RERA

#ObjectiveExplanation
1️⃣Protect HomebuyersSafeguard buyers from fraud, delays, and false promises made by developers.
2️⃣Promote TransparencyEnsure disclosure of all project-related information, including approvals, plans, timelines, etc.
3️⃣Ensure AccountabilityHold builders accountable for what they promise — especially regarding project timelines, quality, and specifications.
4️⃣Standardize PracticesIntroduce uniform procedures and standards across the real estate sector.
5️⃣Boost Investor ConfidenceCreate a trustworthy environment for investors by regulating the sector.
6️⃣Establish Adjudication MechanismSet up fast-track dispute resolution through RERA Authorities and Appellate Tribunals.
7️⃣Reduce Project DelaysMandate timelines and penalize delays to prevent indefinite postponements.
8️⃣Regulate Real Estate AgentsEnsure that brokers and agents are registered and follow ethical practices.
9️⃣Create a Centralized DatabaseProvide easy public access to project details via official RERA portals.
🔟Promote Good GovernanceEncourage fair play, efficiency, and professionalism in the real estate market.

🏡 Summary

RERA's ultimate aim is to make 🔹 Objectives of RERA (Real Estate Regulation and Development Act, 2016)

1. Introduction

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to regulate the real estate sector in India and protect the interests of homebuyers.

Real estate sector in India has traditionally faced problems like project delays, lack of transparency, misrepresentation of project details, and poor quality of construction.

RERA aims to bring transparency, accountability, and efficiency to real estate transactions.

2. Main Objectives of RERA

Objective 1: Protect Homebuyers’ Interests

Ensure buyers are not misled by builders or developers.

Promote fair practices, such as correct disclosure of:

Carpet area of apartments

Project approvals and plans

Schedule of completion and delivery

Case Law:

Laxmi Narayan Builders v. RERA Maharashtra (2019) – RERA held the builder liable for delayed delivery and misrepresentation, protecting homebuyers’ interest.

Objective 2: Ensure Transparency in Real Estate Transactions

Developers must register projects and submit detailed information, including:

Project layout, plans, and specifications

Status of approvals from authorities

Financial details, including allocation of funds to project

Prevents fraudulent practices, such as selling more units than approved or diverting funds.

Case Law:

R.K. Developers v. RERA Delhi HC (2020) – Authority emphasized strict adherence to approved plans and disclosure, holding builder accountable for misrepresentation.

Objective 3: Promote Timely Project Completion

Developers must complete projects within promised timelines.

Mandates use of escrow accounts to ensure funds collected from buyers are used only for construction of the specific project.

Penalties: Delay leads to interest payments, compensation, or refund to buyers.

Case Law:

RERA Maharashtra v. Laxmi Narayan Builders (2019) – Builder ordered to refund buyers with interest due to project delay.

Objective 4: Establish Regulatory Authority and Dispute Resolution Mechanism

Creation of State Real Estate Regulatory Authority (RERA Authority):

Grants registration

Monitors compliance

Hears complaints from buyers and developers

Creation of Appellate Tribunal to hear appeals against Authority orders.

Provides speedy dispute resolution compared to traditional civil litigation.

Case Law:

M/s ABC Developers v. Appellate Tribunal (2021) – Tribunal upheld revocation of registration due to non-compliance, demonstrating functioning of RERA dispute resolution.

Objective 5: Encourage Fair Practices and Accountability of Promoters

Developers are required to:

Avoid misrepresentation of project details

Use funds collected for construction only

Rectify structural defects for 5 years after possession

Promotes professionalism and accountability in real estate sector.

Case Law:

R.K. Developers v. RERA Delhi HC (2020) – Authority revoked registration for violating conditions, holding builder accountable.

Objective 6: Standardization and Consumer Confidence

Introduces standard definitions, such as carpet area, saleable area, and timelines.

Promotes buyer confidence and encourages investment in real estate.

Case Law:

Lodha v. Rustomjee Developers (2018) – Court recognized RERA as a statutory framework ensuring buyer protection, increasing confidence in real estate sector.

Objective 7: Facilitate Real Estate Sector Growth

By reducing disputes and enhancing transparency, RERA encourages developers to adopt ethical practices.

Leads to sustainable growth of organized real estate sector.

3. Salient Features Supporting Objectives

FeaturePurpose
Project RegistrationEnsures transparency and buyer awareness
Escrow AccountFunds used only for construction; timely delivery
Mandatory DisclosureCarpet area, approvals, status of project
Penalty for Non-CompliancePromotes accountability
Buyers’ Complaints MechanismSpeedy resolution of disputes
Structural Defects LiabilityEnsures quality assurance post-possession

4. Illustrative Case Example

Promoter promises possession by Dec 2022; delays until Dec 2024; misrepresents project approvals.

Buyer files complaint under RERA.

Authority orders:

Refund of payments collected

Interest for delay

Compensation for loss of use

Promoter held accountable, illustrating protection of buyers, transparency, and enforcement of obligations.

5. Summary

RERA Objectives:

Protect homebuyers’ interest

Ensure transparency in real estate transactions

Promote timely completion of projects

Establish regulatory authority and dispute resolution

Encourage accountability of promoters

Standardize norms and build consumer confidence

Facilitate growth of real estate sector

Case Law References:

Laxmi Narayan Builders v. RERA Maharashtra (2019) – delay + misrepresentation

R.K. Developers v. RERA Delhi HC (2020) – violation of registration conditions

M/s ABC Developers v. Appellate Tribunal (2021) – revocation upheld

Lodha v. Rustomjee Developers (2018) – statutory protection for buyers

Takeaway: RERA ensures a transparent, accountable, and buyer-friendly real estate sector, protecting consumers and encouraging ethical practices by promoters.the real estate sector more buyer-friendly, transparent, well-regulated, and efficient, while also balancing the interests of developers and agents. Do write to us if you need any further assistance. 

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