The real estate (regulation and development) act, 2016.

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
NO. 16 OF 2016
[25th March, 2016.]
An  Act to establish the Real Estate Regulatory Authority for regulation and
promotion of the real estate sector and to ensure sale of plot, apartment or
building, as the case may be, or sale of real estate project, in an efficient and
transparent manner and to protect the interest of consumers in the real estate
sector and to establish an adjudicating mechanism for speedy dispute redressal
and also 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.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Real Estate (Regulation and Development) Act, 2016.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint:
Short title,
extent and
commence-
ment.
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EXTRAORDINARY
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PART II — Section 1
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
REGISTERED NO. DL—(N)04/0007/2003—16
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 26th March, 2016/Chaitra 6, 1938 ( Saka)
The following Act of  Parliament received the assent of the President on the
25th March, 2016,  and is hereby published for general information:—
2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
Provided that different dates may be appointed for different provisions of this Act and
any reference in any such provision to the commencement of this Act shall be construed as
a reference to the coming into force of that provision.
2. In this Act, unless the context otherwise requires,—
(a) "adjudicating officer" means the adjudicating officer appointed under
sub-section (1) of section 71;
(b) "advertisement" means any document described or issued as advertisement
through any medium and includes any notice, circular or other documents or publicity
in any form, informing persons about a real estate project, or offering for sale of a plot,
building or apartment or inviting persons to purchase in any manner such plot, building
or apartment or to make advances or deposits for such purposes;
(c) "agreement for sale" means an agreement entered into between the promoter
and the allottee;
(d) "allottee" in relation to a real estate project, means the person to whom a plot,
apartment or building, as the case may be, has been allotted, sold (whether as freehold
or leasehold) or otherwise transferred by the promoter, and includes the person who
subsequently acquires the said allotment through sale, transfer or otherwise but does
not include a person to whom such plot, apartment or building, as the case may be, is
given on rent;
(e) "apartment" whether called block, chamber, dwelling unit, flat, office,
showroom, shop, godown, premises, suit, tenement, unit or by any other name, means
a separate and self-contained part of any immovable property, including one or more
rooms or enclosed spaces, located on one or more floors or any part thereof, in a
building or on a plot of land, used or intended to be used for any residential or commercial
use such as residence, office, shop, showroom or godown or for carrying on any
business, occupation, profession or trade, or for any other type of use ancillary to the
purpose specified;
(f) "Appellate Tribunal " means the Real Estate Appellate Tribunal established
under section 43;
(g) "appropriate Government" means in respect of matters relating to,—
(i) the Union territory without Legislature, the Central Government;
(ii) the Union territory of Puducherry, the Union territory Government;
(iii) the Union territory of Delhi, the Central Ministry of Urban Development;
(iv) the State, the State Government;
(h) "architect" means a person registered as an architect under the provisions of
the Architects Act, 1972;
(i) "Authority" means the Real Estate Regulatory Authority established under
sub-section (1) of section 20;
(j) "building"  includes any structure or erection or part of a structure or erection
which is intended to be used for residential, commercial or for the purpose of any
business, occupation, profession or trade, or for any other related purposes;
(k) "carpet area" means the net usable floor area of an apartment, excluding the
area covered by the external walls, areas under services shafts, exclusive balcony or
verandah area and exclusive open terrace area, but includes the area covered by the
internal partition walls of the apartment.
Explanation.—  For the purpose of this clause, the expression "exclusive balcony
or verandah area" means the area of the balcony or verandah, as the case may be,
Definitions.
20 of 1972.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
which is appurtenant to the net usable floor area of an apartment, meant for the exclusive
use of the allottee; and "exclusive open terrace area" means the area of open terrace
which is appurtenant to the net usable floor area of an apartment, meant for the exclusive
use of the allottee;
(l) "Chairperson" means the Chairperson of the Real Estate Regulatory Authority
appointed under section 21;
(m) "commencement certificate" means the commencement certificate or the
building permit or the construction permit, by whatever name called issued  by the
competent authority to allow or permit the promoter to begin development works on an
immovable property, as per the sanctioned plan;
(n) "common areas" mean—
(i) the entire land for the real estate project or where the project is developed
in phases and registration under this Act is sought for a phase, the entire land for
that phase;
(ii) the stair cases, lifts, staircase and lift lobbies, fir escapes, and common
entrances and exits of buildings;
(iii) the common basements, terraces, parks, play areas, open parking areas
and common storage spaces;
(iv) the premises for the lodging of persons employed for the management
of the property including accommodation for watch and ward staffs or for the
lodging of community service personnel;
(v) installations of central services such as electricity, gas, water and
sanitation, air-conditioning and incinerating, system for water conservation and
renewable energy;
(vi) the water tanks, sumps, motors, fans, compressors, ducts and all
apparatus connected with installations for common use;
(vii) all community and commercial facilities as provided in the real estate
project;
(viii) all other portion of the project necessary or convenient for its
maintenance, safety, etc., and in common use;
(o) "company" means a company incorporated and registered under the
Companies Act, 2013 and includes,—
(i) a corporation established by or under any Central Act or State Act;
(ii) a development authority or any public authority established by the
Government in this behalf under any law for the time being in force;
(p) "competent authority" means the local authority or any authority created or
established under any law for the time being in force by the appropriate Government
which exercises authority over land under its jurisdiction, and has powers to give
permission for development of such immovable property;
(q) "completion certificate" means the completion certificate, or such other
certificate, by whatever name called, issued by the competent authority certifying that
the real estate project has been developed according to the sanctioned plan, layout
plan and specifications, as approved by the competent authority under the local laws;
(r) "day" means the working day, in the concerned State or Union territory, as the
case may be, notified by the appropriate Government from time to time;
18 of 2013.
4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(s) "development" with its grammatical variations and cognate expressions, means
carrying out the development of immovable property, engineering or other operations
in, on, over or under the land or the making of any material change in any immovable
property or land and includes re-development;
(t) "development works" means the external development works and internal
development works on immovable property;
(u) "engineer" means a person who possesses a bachelor's degree or equivalent
from an institution recognised by the All India Council of Technical Education or any
University or any institution recognised under a law or is registered as an engineer
under any law for the time being in force;
(v) "estimated cost of real estate project" means the total cost involved in
developing the real estate project and includes the land cost, taxes, cess, development
and other charges;
(w) "external development works" includes roads and road systems landscaping,
water supply, seweage and drainage systems, electricity suply transformer, sub-station,
solid waste management and disposal or any other work which may have to be executed
in the periphery of, or outside, a project for its benefit, as may be provided under the
local laws;
(x) "family" includes husband, wife, minor son and unmarried daughter wholly
dependent on a person;
(y) "garage" means a place within a project having a roof and walls on three sides
for parking any vehicle, but does not include an unenclosed or uncovered parking
space such as open parking areas;
(z) "immovable property" includes land, buildings, rights of ways, lights or any
other benefit arising out of land and things attached to the earth or permanently
fastened to anything which is attached to the earth, but not standing timber, standing
crops or grass;
(za) "interest" means the rates of interest payable by the promoter or the allottee,
as the case may be.
Explanation.— For the purpose of this clause—
(i) the rate of interest chargeable from the allottee by the promoter, in case
of default, shall be equal to the rate of interest which the promoter shall be liable
to pay the allottee, in case of default;
(ii) the interest payable by the promoter to the allottee shall be from the
date the promoter received the amount or any part thereof till the date the amount
or part thereof and interest thereon is refunded, and the  interest payable by the
allottee to the promoter shall be from the date the allottee defaults in payment to
the promoter till the date it is paid;
(zb) "internal development works" means roads, footpaths, water supply, sewers,
drains, parks, tree planting, street lighting, provision for community buildings and for
treatment and disposal of sewage and sullage water, solid waste management and
disposal, water conservation, energy management, fire protection and fire safety
requirements, social infrastructure such as educational health and other public amenities
or any other work in a project for its benefit, as per sanctioned plans;
(zc) "local authority" means the Municipal Corporation or Municipality or
Panchayats or any other Local Body constituted under any law for the time being in
force for providing municipal services or basic services, as the case may be, in respect
of areas under its jurisdication;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(zd) "Member" means the member of the Real Estate Regulatory Authority
appointed under section 21 and includes the Chaiperson;
(ze) "notification" means a notification published in the Official Gazette and the
expression "notify" shall be construed accordingly;
(zf) "occupancy certificate" means the occupancy certificate, or such other
certificate by whatever name called, issued by the competent authority permitting
occupation of any building, as provided under local laws, which has provision for civic
infrastructure such as water, sanitation and electricity;
(zg) "Person" includes,—
(i) an individual;
(ii) a Hindu undivided family;
(iii) a company;
(iv) a firm under the Indian Partnership Act, 1932 or the Limited Liability
Partnership Act, 2008, as the case may be;
(v) a competent authority;
(vi) an association of persons or a body of individuals whether incorporated
or not;
(vii) a co-operative society registered under any law relating to co-operative
societies;
(viii) any such other entity as the appropriate Government may, by
notification, specify in this behalf;
(zh) "planning area" means a planning area or a development area or a local
planning area or a regional development plan area, by whatever name called, or any
other area specified as such by the appropriate Government or any competent authority
and includes any area designated by the appropriate Government or the competent
authority to be a planning area for future planned development, under the law relating
to Town and Country Planning for the time being in force and as revised from time to
time;
(zi) "prescribed" means prescribed by rules made under this Act;
(zj) "project" means the real estate project as defined in cluase (zn);
(zk) "promoter" means,—
(i) a person who constructs or causes to be constructed an independent
building or a building consisting of apartments, or converts an existing building
or a part thereof into apartments, for the purpose of selling all or some of the
apartments to other persons and includes his assignees; or
(ii) a person who develops land into a project, whether or not the person
also constructs structures on any of the plots, for the purpose of selling to other
persons all or some of the plots in the said project, whether with or without
structures thereon; or
(iii) any development authority or any other public body in respect of
allottees of—
(a) buildings or apartments, as the case may be, constructed by
such authority or body on lands owned by them or placed at their disposal
by the Government; or
9 of 1932.
6 of 2009.
6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(b) plots owned by such authority or body or placed at their disposal
by the Government,
for the purpose of selling all or some of the apartments or plots; or
(iv) an apex State level co-operative housing finance society and a primary
co-operative housing society which constructs apartments or buildings for its
Members or in respect of the allottees of such apartments or buildings; or
(v) any other person who acts himself as a builder, coloniser, contractor,
developer, estate developer or by any other name or claims to be acting as the
holder of a power of attorney from the owner of the land on which the building or
apartment is constructed or plot is developed for sale; or
(vi) such other person who constructs any building or apartment for sale
to the general public.
Explanation.— For the purposes of this clause, where the person who
constructs or converts a building into apartments or develops a plot for sale and
the persons who sells apartments or plots are different persons, both of them
shall be deemed to be the promoters and shall be jointly liable as such for the
functions and responsibilities specified, under this Act or the rules and
regulations made thereunder;
(zl) "prospectus" means any document described or issued as a prospectus or
any notice, circular, or other document offering for sale or any real estate project or
inviting any person to make advances or deposits for such purposes;
(zm) "real estate agent" means any person, who negotiates or acts on behalf of
one person in a transaction of transfer of his plot, apartment or building, as the case
may be, in a real estate project, by way of sale, with another person or transfer of plot,
apartment or building, as the case may be, of any other person to him and receives
remuneration or fees or any other charges for his services whether as commission or
otherwise and includes a person who introduces, through any medium, prospective
buyers and sellers to each other for negotiation for sale or purchase of plot, apartment
or building, as the case may be, and includes property dealers, brokers, middlemen by
whatever name called;
(zn) "real estate project" means the development of a building or a building
consisting of apartments, or converting an existing building or a part thereof into
apartments, or the development of land into plots or apartment, as the case may be, for
the purpose of selling all or some of the said apartments or plots or building, as the
case may be, and includes the common areas, the development works, all improvements
and structures thereon, and all easement, rights and appurtenances belonging thereto;
(zo) "regulations" means the regulations made by the Authority under this Act;
(zp) "rule" means the rules made under this Act by the appropriate Government;
(zq) "sanctioned plan" means the site plan, building plan, service plan, parking
and circulation plan, landscape plan, layout plan, zoning plan and such other plan and
includes structural designs, if applicable, permissions such as environment permission
and such other permissions, which are approved by the competent authority prior to
start of a real estate project;
(zr) words and expressions used herein but not defined in this Act and defined in
any law for the time being in force or in the municipal laws or such other relevant laws
of the appropriate Government shall have the same meanings respectively assigned to
them in those laws.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
CHAPTER II
REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS
3. (1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons
to purchase in any manner any plot, apartment or building, as the case may be, in any real
estate project or part of it, in any planning area, without registering the real estate project
with the Real Estate Regulatory Authority established under this Act:
Provided that projects that are ongoing on the date of commencement of this Act and
for which the completion certificate has not been issued, the promoter shall make an application
to the Authority for registration of the said project within a period of three months from the
date of commencement of this Act:
Provided further that if the Authority thinks necessary, in the interest of allottees, for
projects which are developed beyond the planning area but with the requisite permission of
the local authority, it may, by order, direct the promoter of such project to register with the
Authority, and the provisions of this Act or the rules and regulations made thereunder, shall
apply to such projects from that stage of registration.
(2) Notwithstanding anything contained in sub-section (1), no registration of the real
estate project shall be required—
(a) where the area of land proposed to be developed does not exceed five hundred
square meters or the number of apartments proposed to be developed does not exceed
eight inclusive of all phases:
Provided that, if the appropriate Government considers it necessary, it may,
reduce the threshold below five hundred square meters or eight apartments, as the
case may be, inclusive of all phases, for exemption from registration under this Act;
(b) where the promoter has received completion certificate for a real estate project
prior to commencement of this Act;
(c) for the purpose of renovation or repair or re-development which does not
involve marketing, advertising selling or new allotment of any apartment, plot or
building, as the case may be, under the real estate project.
Explanation.— For the purpose of this section, where the real estate project is to
be developed in phases, every such phase shall be considered a stand alone real estate
project, and the promoter shall obtain registration under this Act for each phase
separately.
4. (1) Every promoter shall make an application to the Authority for registration of the
real estate project in such form, manner, within such time and accompanied by such fee as
may be specified by the regulations made by the Authority.
(2) The promoter shall enclose the following documents along with the application
referred to in sub-section (1), namely:—
(a) a brief details of his enterprise including its name, registered address, type of
enterprise (proprietorship, societies, partnership, companies, competent authority),
and the particulars of registration, and the names and photographs of the promoter;
(b) a brief detail of the projects launched by him, in the past five years, whether
already completed or being developed, as the case may be, including the current status
of the said projects, any delay in its completion, details of cases pending, details of
type of land and payments pending;
Prior
registration
of real estate
project with
Real Estate
Regulatory
Authority.
Application
for
registration
of real estate
projects.
8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(c) an authenticated copy of the approvals and commencement certificate from
the competent authority obtained in accordance with the laws as may be applicable for
the real estate project mentioned in the application, and where the project is proposed
to be developed in phases, an authenticated copy of the approvals and commencement
certificate from the competent authority for each of such phases;
(d) the sanctioned plan, layout plan and specifications of the proposed project
or the phase thereof, and the whole project as sanctioned by the competent authority;
(e) the plan of development works to be executed in the proposed project and
the proposed facilities to be provided thereof including fire fighting facilities, drinking
water facilities, emergency evacuation services, use of renewable energy;
(f) the location details of the project, with clear demarcation of land dedicated for
the project along with its boundaries including the latitude and longitude of the end
points of the project;
(g) proforma of the allotment letter, agreement for sale, and the conveyance deed
proposed to be signed with the allottees;
(h) the number, type and the carpet area of apartments for sale in the project
along with the area of the exclusive balcony or verandah areas and the exclusive open
terrace areas apartment with the apartment, if any;
(i) the number and areas of garage for sale in the project;
(j) the names and addresses of his real estate agents, if any, for the proposed
project;
(k) the names and addresses of the contractors, architect, structural engineer, if
any and other persons concerned with the development of the proposed project;
(l) a declaration, supported by an affidavit, which shall be signed by the promoter
or any person authorised by the promoter, stating:—
(A) that he has a legal title to the land on which the development is proposed
along with legally valid documents with authentication of such title, if such land
is owned by another person;
(B) that the land is free from all encumbrances, or as the case may be
details of the encumbrances on such land including any rights, title, interest or
name of any party in or over such land along with details;
(C) the time period within which he undertakes to complete the project or
phase thereof, as the case may be;
(D) that seventy per cent. of the amounts realised for the real estate project
from the allottees, from time to time, shall be deposited in a separate account to
be maintained in a scheduled bank to cover the cost of construction and the land
cost and shall be used only for that purpose:
Provided that the promoter shall withdraw the amounts from the separate
account, to cover the cost of the project, in proportion to the percentage of
completion of the project:
Provided further that the amounts from the separate account shall be
withdrawn by the promoter after it is certified by an engineer, an architect and a
chartered accountant in practice that the withdrawal is in proportion to the
percentage of completion of the project:
Provided also that the promoter shall get his accounts audited within six
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
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
chartered accountant and it shall be verified during the audit that the amounts
collected for a particular project have been utilised for the project and the
withdrawal has been in compliance with the proportion to the percentage of
completion of the project.
Explanation.— For the purpose of this clause, the term "schedule bank"
means a bank included in the Second Schduled to the Reserve Bank of India
Act, 1934;
(E) that he shall take all the pending approvals on time, from the competent
authorities;
(F) that he has furnished such other documents as may be prescribed by
the rules or regulations made under this Act; and
(m) such other information and documents as may be prescribed.
(3) The Authority shall operationalise a web  based online system for submitting
applications for registration of projects within a period of one year from the date of its
establishment.
5. (1) On recipt of the application under sub-section ( 1) of section 4, the Authority
shall within a period of thirty days.
(a) grant registration subject to the provisions of this Act and the rules and
regulations made thereunder, and provide a registration number, including a Login Id
and password to the applicant for accessing the website of the Authority and to create
his web page and to fill therein the details of the proposed project; or
(b)  reject the application for reasons to be recorded in writing,if  such application
does not conform to the provisions of this Act or the rules or regulations made
thereunder:
Provided that no application shall be rejected unless the applicant has been given an
opportunity of being heard in the matter.
(2) If the Authority fails to grant the registration or reject the application, as the case
may be, as provided under sub-section (1), the project shall be deemed to have been registered,
and the Authority shall within a period of seven days of the expiry of the said period of thirty
days specified under sub-section ( 1), provide a registration number and a Login Id and
password to the promoter for accessing the website of the Authority  and to create his web
page and to fill therein the details of the proposed project.
(3) The registration granted under this section shall be valid for a period declared by
the promoter under sub-clause (C) of clause (1) of sub-section (2) of section 4 for completion
of the project or phase thereof, as the case may be.
6. The registration granted under section 5 may be extended by the Authority on an
application made by the promoter due to force majeure, in such form and on payment of such
fee as may be specified by regulations made by the Authority:
Provided that the Authority may in reasonable circumstances, without default on the
part of the promoter, based on the facts of each case, and for reasons to be recorded in
writing, extend the registration granted to a project for such time as it considers necessary,
which shall, in aggregate, not exceed a period of one year:
Provided further that no application for extension of registration shall be rejected
unless the applicant has been given an opportunity of being heard in the matter.
Explanation.— For the purpose of this section, the expression " force majeure" shall
mean a case of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by
nature affecting the regular development of the real estate project.
2 of 1934.
Grant of
registration.
Extension of
registration.
10 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
7. (1) The Authority may, on receipt of a complaint or suo motu in this behalf or on the
recommendation of the competent authority, revoke the registration granted under section 5,
after being satisfied that—
(a) the promoter makes default in doing anything required by or under this Act or
the rules or the regulations made thereunder;
(b) the promoter violates any of the terms or conditions of the approval given by
the competent authority;
(c) the promoter is involved in any kind of unfair practice or irregularities.
Explanation.— For the purposes of this clause, the term "unfair practice means" a
practice which, for the purpose of promoting the sale or development of any real estate
project adopts any unfair method or unfair or deceptive practice including any of the following
practices, namely:—
(A) the practice of making any statement, whether in writing or by visible
representation which,—
(i) falsely represents that the services are of a particular standard or grade;
(ii) represents that the promoter has approval or affiliation which such
promoter does not have;
(iii) makes a false or misleading representation concerning the services;
(B) the promoter permits the publication of any advertisement or prospectus
whether in any newspaper or otherwise of services that are not intended to be offered;
(d) the promoter indulges in  any fraudulent practices.
(2) The registration granted to the promoter under section 5 shall not be revoked
unless the Authority has given to the promoter not less than thirty days notice, in writing,
stating the grounds on which it is proposed to revoke the registraton, and has considered
any cause shown by the promoter within the period of that notice against the proposed
revocation.
(3)  The Authority may, instead of revoking the registration under sub-section ( 1),
permit it to remain in force subject to such further terms and conditions as it thinks fit to
impose in the interest of the allottees, and any such terms and conditions so imposed shall be
binding upon the promoter.
(4) The Authority, upon the revocation of the registration,—
(a) shall debar the promoter from accessing its website in relation to that project
and specify his name in the list of defaulters and display his photograph on its website
and also inform the other Real Estate Regulatory Authority in other States and Union
territories about such  revocation or registration;
(b) shall facilitate the remaining development works to be carried out in accordance
with the provisions of section 8;
(c) shall direct the bank holding the project back account, specified under sub-
clause (D) of clause ( I) of sub-section ( 2) of section 4, to freeze the account, and
thereafter take such further necessary actions, including consequent de-freezing of
the said account, towards facilitating the remaining development works in accordance
with the provisions of section 8;
(d) may, to protect the interest of allottees or in the public interest, issue such
directions as it may deem necessary.
Revocation
of
registration.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
8. Upon lapse of the registration or on revocation of the registration under this Act, the
Authority, may consult the appropriate Government to take such action as it may deem fit
including the carrying out of the remaining development works by competent authority or by
the association of allottees or in any other manner, as may be determined by the Authority:
Provided that no direction, decision or order of the Authority under this section shall
take effect until the expiry of the period of appeal provided under the provisions of this Act:
Provided further that in case of revocation of registration of a project under this Act,
the association of allottees shall have the first right of refusal for carrying out of the remaining
development works.
9. (1) No real estate agent shall facilitate the sale or purchase of or act on behalf of any
person to facilitate the sale or purchase of any plot, apartment or building, as the case may
be, in a real estate project or part of it, being the part of the real estate project registered under
section 3, being sold by the promoter in any planning area, without obtaining registration
under this section.
(2) Every real estate agent shall make an application to the Authority for registration in
such form, manner, within such time and accompanied by such fee and documents as may be
prescribed.
(3) The Authority shall, within such period, in such manner and upon satisfying itself
of the fulfillment of such conditions, as may be prescribed—
(a) grant a single registration to the real estate agent for the entire State of  Union
territory, as the case may be;
(b) reject the application for reasons to be recorded in writing, if such application
does not conform to the provisions of the Act or the rules or regulations made
thereunder:
Provided that no application shall be rejected unless the applicant has been given an
opportunity of being heard in the matter.
(4) Whereon the completion of the period specified under sub-section ( 3), if the
applicant does not receive any communication about the deficiencies in his application or
the rejection of his application, he shall be deemed to have been registered.
(5) Every real estate agent who is registered as per the provisions of this Act or the
rules and regulations made thereunder, shall be granted a registration number by the Authority,
which shall be quoted by the real estate agent in every sale facilitated by him under this Act.
(6) Every registration shall be valid for such period as may be prescribed, and shall be
renewable for a period in such manner and on payment of such fee as may be prescribed.
(7) Where any real estate agent who has been granted registration under this Act
commits breach of any of the conditions thereof or any other terms and conditions specified
under this Act or any rules or regulations made thereunder, or where the Authority is satisified
that such registration has been secured by the real estate agent through misrepresentation
or fraud, the Authority may, without prejudice to any other provisions under this Act, revoke
the registration or suspend the same for such period as it thinks fit:
Provided that no such revocation or suspension shall be made by the Authority unless
an opportunity of being heard has been given to the real estate agent.
10. Every real estate agent registered under section 9 shall—
(a) not facilitate the sale or purchase of any plot, apartment or building, as the
case may be, in a real estate project or part of it, being sold by the promoter in any
planning area, which is not registered with the Authority;
Obligation of
Authority
consequent
upon lapse of
or on
revocation of
registration.
Registration
of real estate
agents.
Functions of
real estate
agents.
12 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(b) maintain and preserve such books of account, records and documents as
may prescribed;
(c) not involve himself in any unfair trade practices, namely:—
(i) the practice of making any statement, whether orally or in writing or by
visible representation which—
(A) falsely represents that the services are of a particular standard or
grade;
(B) represents that the promoter or himself has approval or affiliation
which such promoter or himself does not have;
(C) makes a false or misleading representation concerning the
services;
(ii) permitting the publication of any advertisement whether in any
newspaper or otherwise of services that are not intended to be offered.
(d) facilitate the possession of all the information and documents, as the allottee,
is entitled to, at the time of booking of any plot, apartment or building, as the case may
be;
(e) discharge such other functions as may be prescribed.
CHAPTER III
F
UNCTIONS AND DUTIES OF PROMOTER
11. (1) The promoter shall, upon receiving his Login Id and password under clause (a)
of sub-section (1) or under sub-section (2) of section 5, as the case may be, create his web
page on the website of the Authority and enter all details of the proposed project as provided
under sub-section (2) of section 4, in all the fields as provided, for public viewing, including—
(a) details of the registration granted by the Authority;
(b) quarterly up-to-date the list of number and types of apartments or plots, as
the case may be, booked;
(c) quarterly up-to-date the list of number of garages booked;
(d)   quarterly up-to-date the list of approvals taken and the approvals which are
pending subsequent to commencement certificate;
(e) quarterly up-to-date status of the project; and
(f) such other information and documents as may be specified by the regulations
made by the Authority.
(2) The advertisement or prospectus issued or published by the promoter shall mention
prominently the website address of the Authority, wherein all details of the registered project
have been entered and include the registration number obtained from the Authority and such
other matters incidental thereto.
(3) The promoter at the time of the booking and issue of allotment letter shall be
responsible to make available to the allottee, the following information, namely:—
(a) sanctioned plans, layout plans, along with specifications, approved by the
competent authority, by display at the site or such other place as may be specified by
the regulations made by the Authority;
(b) the stage wise time schedule of completion of the project, including the
provisions for civic infrastructure like water, sanitation and electricity.
Functions and
duties of
promoter.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
(4) The promoter shall—
(a) be responsible for all obligations, responsibilties and functions under the
provisions of this Act or the rules and regulations made thereunder or to the allottees
as per the agreement for sale, or to the association of allottees, as the case may be, till
the conveyance of all the apartments, plots or buildings, as the case may be, to the
allottees, or the common areas to the association of allottees or the competent authority,
as the case may be:
Provided that the responsibility of the promoter, with respect to the structural
defect or any other defect for such period as is referred to in sub-section ( 3) of
section 14, shall continue even after the conveyance deed of all the apartments, plots
or buildings, as the case may be, to the allottees are executed.
(b) be responsible to obtain the completion certificate or the occupancy certificate,
or both, as applicable, from the relevant competent authority as per local laws or other
laws for the time being in force and to make it available to the allottees individually or
to the association of allottees, as the case may be;
(c) be responsible to obtain the lease certificate, where the real estate project is
developed on a leasehold land, specifying the period of lease, and certifying that all
dues and charges in regard to the leasehold land has been paid, and to make the lease
certificate available to the association of allottees;
(d) be responsible for providing and maintaining the essential services, on
reasonable charges, till the taking over of the maintenance of the project by the
association of the allottees;
(e) enable the formation of an association or society or co-operative society, as
the case may be, of the allottees, or a federation of the same, under the laws applicable:
Provided that in the absence of local laws, the association of allottees, by
whatever name called, shall be formed within a period of three months of the majority
of allottees having booked their plot or apartment or building, as the case may be, in
the project;
(f) execute a registered conveyance deed of the apartment, plot or building, as
the case may be, in favour of the allottee along with the undivided proportionate title
in the common areas to the association of allottees or competent authority, as the case
may be, as provided under section 17 of this Act;
(g) pay all outgoings until he transfers the physical possession of the real estate
project to the allottee or the associations of allottees, as the case may be, which he has
collected from the allottees, for the payment of outgoings (including land cost, ground
rent, municipal or other local taxes, charges for water or electricity, maintenance charges,
including mortgage loan and interest on mortgages or other encumbrances and such
other liabilities payable to competent authorities, banks and financial institutions,
which are related to the project):
Provided that where any promoter fails to pay all or any of the outgoings collected
by him from the allottees or any liability, mortgage loan and interest thereon before
transferring the real estate project to such allottees, or the association of the allottees,
as the case may be, the promoter shall continue to be liable, even after the transfer of
the property, to pay such outgoings and penal charges, if any, to the authority or
person to whom they are payable and be liable for the cost of any legal proceedings
which may be taken therefor by such authority or person;
(h) after he executes an agreement for sale for any apartment, plot or building, as
the case may be, not mortgage or create a charge on such apartment, plot or building,
as the case may be, and if any such mortgage or charge is made or created then
14 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
notwithstanding anything contained in any other law for the time being in force, it shall
not affect the right and interest of the allottee who has taken or agreed to take such
apartment, plot or building, as the case may be;
(5) The promoter may cancel the allotment only in terms of the agreement for sale:
Provided that the allottee may approach the Authority for relief, if he is aggrieved by
such cancellation and such cancellation is not in accordance with the terms of the agreement
for sale, unilateral and without any sufficient cause.
(6) The promoter shall prepare and maintain all such other details as may be specified,
from time to time, by regulations made by the Authority.
12. Where any person makes an advance or a deposit on the basis of the information
contained in the notice advertisement or prospectus, or on the basis of any model apartment,
plot or building, as the case may be, and sustains any loss or damage by reason of any
incorrect, false statement included therein, he shall be compensated by the promoter in the
manner as provided under this Act:
Provided that if the person affected by such incorrect, false statement contained in the
notice, advertisement or prospectus, or the model apartment, plot or building, as the case
may be, intends to withdraw from the proposed project, he shall be returned his entire
investment along with interest at such rate as may be prescribed and the compensation in the
manner provided under this Act.
13. (1) A promoter shall not accept a sum more than ten per cent of the cost of the
apartment, plot, or building as the case may be, as an advance payment or an application fee,
from a person without first entering into a written agreement for sale with such person and
register the said agreement for sale, under any law for the time being in force.
(2) The agreement for sale referred to in sub-section (1) shall be in such form as may be
prescribed and shall specify the particulars of development of the project including the
construction of building and apartments, along with specifications and internal development
works and external development works, the dates and the manner by which payments towards
the cost of the apartment, plot or building, as the case may be, are to be made by the allottees
and the date on which the possession of the apartment, plot or building is to be handed over,
the rates of interest payable by the promoter to the allottee and the allottee to the promoter
in case of default, and such other particulars, as may be prescribed.
14. (1) The proposed project shall be developed and completed by the promoter in
accordance with the sanctioned plans, layout plans and specifications as approved by the
competent authorities.
(2) Notwithstanding anything contained in any law, contract or agreement, after the
sanctioned plans, layout plans and specifications and the nature of the fixtures, fittings,
amenities and common areas, of the apartment, plot or building, as the case may be, as
approved by the competent authority, are disclosed or furnished to the person who agree to
take one or more of the said apartment, plot or building, as the case may be, the promoter shall
not make—
(i) any additions and alterations in the sanctioned plans, layout plans and
specifications and the nature of fixtures, fittings and amenities described therein in
respect of the apartment, plot or building, as the case may be, which are agreed to be
taken, without the previous consent of that person:
Provided that the promoter may make such minor additions or alterations as may be
required by the allottee, or such minor 

Excerpt shown. Open the full act in Lexace.

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