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Q 1) What is RERA? What are it's salient features?

How does it protect the buyers and what is the


difference in scenario before and after it?

Ans: RERA stands for Real Estate (Regularity & Development) Act. It is also known as the Real Estate Bill.
This Act was passed by the Indian Parliament on March 15th, 2016 and came into force on May 1st, 2016.
The main objectives of the Act include:

1. Establishing a fast-track dispute resolution mechanism


2. Ensuring accountability towards buyers and protect their interest
3. Infusing transparency, ensure fair-play and reduce frauds & delays
4. Ensuring the sale of real estate project, in an efficient and transparent manner
5. Introducing professionalism and pan India standardization
6. Establishing symmetry of information between the developer and buyer
7. Imposing certain responsibilities on both developer and buyers
8. Promoting good governance in the sector and create investor confidence

As of now the act is still not implemented in all Indian states thus people are facing various problems in
buying homes due to the unethical practices and immoral activities of realtors. Due to delays in the project
approvals and dispute resolution, the long-standing demand of the industry and consumers is not getting
fulfilled.

Once the act will be implemented in all Indian states, it will bring the much-needed transparency and
accountability to place greater emphasis on implementing unambiguous deeds of doing business in the
sector.

Q 2) How does RERA affect the builder?

Ans: Most of the builders think that the RERA will adversely affect them, but it is not correct. The RERA
aim at regulating the real estate sector and anyone either it is a real estate developer, buyer or agent, who
will not adhere to the rules of the RERA, may face consequences.

Talking about the builders, in order to escalate the responsibility and accountability towards consumers, the
RERA has mandated real estate developers (also known as real estate promoters) to register the project
(measuring more than 500 square meters or more than eight apartments) and obtain a valid registration
number before proceeding. He/she is not permitted to market, advertise or sell the units before the
registration of the project. If the project is to be developed in phases, then the developers have to obtain
registration for each phase separately.

The developer is required to submit all the necessary documents related to the project as prescribed by
RERA. It is mandatory for a real estate developer to open an escrow account in a bank recognized by the
government and must deposit 70% of the total payment received from the consumer. He/she can withdraw
the money and should solely use it for the development of the said project after getting it approved from an
engineer, architect or chartered accountant.

If the developer fails to comply with the directions or violates the rules prescribed by RERA or the Appellate
Tribunal then, he/she may face imprisonment up to three years with a fine of up to 10% of the total estimated
cost of the project in question.

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Q 3) What should the real estate market expect from budget 2017 after demonetisation and RERA?

Ans: Mr. Arun Jaitely, the Finance Minister of India, through his speech on the Union budget 2017 has
explicitly publicized the much-needed measures to organize and develop the real estate sector in India.
Mr. Jaitely announced that 'Affordable Housing' will be given 'Infrastructure' status, which is likely to
catalyse the participation of private real estate stakeholders.

As per the Union budget, 2017, the carpet area of 60 square meters will be applicable for affordable housing
instead of the built up area except for four metro cities where the carpet area of 30 sq. meters (in the case of
municipal limits) will be applicable. This will indirectly benefit the home buyers in non-metro cities and
peripheral areas of metro cities.

Giving relief to the home sellers, the government reduced the capital gain tax period from three years to two
years. This means that the person who intends to sell his house after two years of purchase, has to pay less
tax for the capital gained from selling the property.

The minister also announced that the notational tax on the unsold but completed real estate unit will be
charged only after 1 year. The landowner of any real estate project has to pay tax on capital gains after the
completion of the project. This will encourage more landowners to start developing projects with realtors
leading to the increase in property supply which will prove beneficial for the purchasers.

Q4) What will be the implication of RERA after its implementation in Maharashtra?

Ans: RERA will bring drastic changes Maharashtra's real estate sector.

RERA or Real Estate (Regulatory & Development) Act, 2016 empowers all stakeholders in real estate
sector, such as consumers, developers, brokers/intermediaries and more by bringing much-needed
transparency and accountability to place greater emphasis on planning and implementing unambiguous
deeds of doing business in the sector.

After the implementation of RERA in Maharashtra, there will be a fast-track dispute resolution mechanism
for matters related to real estate. The efficiency and transparency in real estate transactions will increase that
will emit scams like Adarsh Housing society and much more. It will also promote good governance in the
sector and will create investor confidence.

Q 5) How would the Indian Real Estate Bill 2016 affect the housing prices in India?

Ans: After the implementation of the Real Estate Bill 2016 also known as the RERA, the price of homes in
India will get balanced. Let us consider two cases.

i. The RERA will enhance accountability towards buyers to protect their interest and will ensure the
sale of real estate project, in an efficient and transparent manner. This will increase the investment in
home building, thus there will be more options for home buyers due to which the graph of home
prices will slope down.
ii. After the implementation of the RERA, the number of fly-by-night realtors will decrease, leading to
the presence of selected realtors in the market. This will result in a price hike for real estate
properties.

Clubbing the above two points, we can say that the price of residential properties will be balanced after the
implementation of the RERA.

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