Real Estate (Regulation and Development) Act, 2016

The commentary on Real Estate (Regulation and Development) Act, 2016, provides an insight into the effective dispute resolution mechanism and new forums created by the new law for the settlement of real estate disputes.

The introduction of the Real Estate (Regulation and Development) 2016 Act fills the void that had been felt over the years in the Real Estate sector.

Special Features:

• Includes the statutory text of RERA rules of almost all States and Union Territories.
• In-depth analysis of the provisions of the Act, practical problems and concerns.
• Discusses the relationship of various sections, their conflict with other laws.
• Also discusses the problems the authorities would face while implementing the provisions of this Act.
• Aims to provide solutions to the anticipated problems of implementation in the Act.
• Provides the readers with a complete, yet simple understanding of this new law.

Topics Covered Include:

1. Functions and Duties of Promoter
2. Rights and Duties of Allottees
3. Real Estate Regulatory Authority
4. Central Advisory Council
5. Real Estate Appellate Tribunal, etc.

About The Author

Mr. Ajar Rab did his LL.B. from NLSIU, Bangalore and his Masters of Law and Business from Bucerius Law School/WHU Otto Beisheim School of Management, Germany. He is a Partner at Rab & Rab Associates LLP, Dehradun and specialises in transactions, mergers and acquisitions, commercial litigation and international arbitration. He is a Policy Consultant for Lexidale, an international policy consulting firm based in Israel.

He is on the advisory board of several law journals in India, and a member of several international arbitration institutions around the world. He has previously worked at Shardul Amarchand Mangaldas at New Delhi, the Law Commission of India, Ministry of Defence, Ministry of Consumer Affairs, UPCL, etc. Mr. Rab is also visiting faculty at NLSIU, Bangalore and other law schools in India.

Extract from the Foreword

Shri Rab, in his well-articulated book, provides a detailed study of the various provisions of the statute, with a broad overview of its historical background, provisions and amendments made by the State Acts, Rules and Regulations, juxtaposing the interplay of the Act with other statutes and presenting the practical problems and solutions in the implementation of a developing law in its cradle.

- Justice G.S. Singhvi
Judge, Supreme Court of India
Former Chairman, Competition Appellate Tribunal

Reviews

This commentary, I am sure, will answer practical questions on implementation of a comprehensive law on Real Estate. The comparative analysis of the rules of all States vis-a-vis the objectives of the Act and its interplay with other legislation will assist all stakeholders, especially the Authorities created under the Act. It is commendable that such key insights and in-depth analysis have come from an author from such a small State like Uttarakhand.

- Justice U.C. Dhyanii
Chairman, Uttarakhand Real Estate Appellate Tribunal

I. History of the Real estate act
II. Definitions
III. Registration
IV. Functions and Duties of Promoter
V. Rights and Duties of Allottees
VI. Real estate Regulatory authority
VII. Central Advisory Council
VIII. Real Estate Appellate Tribunal
IX. Offences, Penalties and Adjudication
X. Finance, Accounts, Audits and Reports
XI. Miscellaneous