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Real Estate (Regulation and Development) Act, 2016: complete guide

An Act of Parliament that creates a state-level Real Estate Regulatory Authority to regulate real estate projects and agents and protect homebuyers (allottees).

Updated: 14 November 20261 storyUPPSCUPSSSC PETUPPSC RO/ARO

The Real Estate (Regulation and Development) Act, 2016 is an Act of the Parliament of India that seeks to protect home-buyers and help boost investment in the real estate industry.Wikipedia

The Act provides for a Real Estate Regulatory Authority in each state, which regulates the sector and also works as an adjudicating body for quick settlement of disputes.Wikipedia

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) directed builders to obtain written consent from two-thirds of allottees for building plan changes under Section 14 of the Act.Hindustan

Real Estate (Regulation and Development) Act, 2016
Image: Ministry of Housing and Urban Poverty Alleviation, GODL-India, Wikimedia Commons

Key facts

Enacted and passedPassed by Rajya Sabha on 10 March 2016 and Lok Sabha on 15 March 2016; came into force on 1 May 2016Wikipedia
Legal natureAct of the Parliament of IndiaWikipedia
RegulatorA Real Estate Regulatory Authority (RERA) in each stateWikipedia
Structure10 chapters and 92 sectionsWikipedia
Current UP directiveTwo-thirds written allottee consent for building plan changes under Section 14Hindustan

Key features and how it works

  • Makes registration of real estate projects mandatory with the State RERA; approval or rejection of an application is due within 30 days.Wikipedia
  • Requires real estate agents to register and quote a single registration number in every sale they facilitate.Wikipedia
  • Requires builders to quote prices on carpet area, not super built-up area, and to disclose carpet area; carpet area includes usable spaces such as kitchen and toilets.Wikipedia
  • Requires 70% of the money to be deposited in bank accounts through cheques, to keep unaccounted money out of the sector.Wikipedia
  • Sets penalties for non-registration, up to 10% of the estimated project cost, and imprisonment for non-compliance with orders of the State RERA.Wikipedia
  • Under the UP directive, builders must explain how proposed changes affect carpet area and common areas, specify what construction is added or removed, and use the prescribed consent format.Hindustan

Static GK

  • Uttar Pradesh Real Estate Regulatory Authority (UP RERA): the state real estate regulator for Uttar Pradesh, with a Lucknow headquarters and a Greater Noida office.up-rera.in
  • The UP RERA directive identifies an allottee through an agreement for sale.Hindustan
  • Section 84 of the Act: each State Government must make rules within six months of the Act being enforced.Wikipedia

Achievements

  • The Act gives buyers a legal route to a dedicated regulator and to speedy adjudication of disputes.Wikipedia
  • Carpet-area pricing and mandatory disclosure make prices easier to compare across projects.Wikipedia
  • The UP RERA directive makes written, detailed allottee consent a condition for plan changes, and rejects general consent given without full information.Hindustan

Challenges

  • Builders may still pressure buyers into signing without full disclosure, which is the problem the UP directive targets.Hindustan
  • Consent collection from a large group of allottees is hard to verify without a standard format and an allottee contact list, which is a practical burden on both builders and the regulator.
  • Frequent amendments and state-level rules can cause different levels of protection across states.

Way forward

  • Monitor compliance through the consent format and complaint records, so that the directive has a measurable effect.
  • Keep the RERA online portals up to date for allottees to verify project registration and payment accounts.
  • Coordinate state regulators so that disclosure and consent rules are applied consistently across states.

Timeline

  1. 12 November 2026

    UP RERA directive requires written consent from two-thirds of allottees, with full disclosure of plan changes, for building plan changes under Section 14.

    Read the story
  2. 1 May 2017

    The remaining provisions of the Act came into force.Wikipedia

  3. 31 October 2016

    The Central Government released the Real Estate (Regulation and Development) (General) Rules, 2016, for the Union Territories without Legislature.Wikipedia

  4. 1 May 2016

    The Act came into force with 61 of 92 sections notified.Wikipedia

  5. 15 March 2016

    The Lok Sabha approved the Bill.Wikipedia

  6. 10 March 2016

    The Rajya Sabha approved the Bill.Wikipedia

  7. December 2015

    The Union Cabinet approved 20 major amendments to the Bill based on a Rajya Sabha committee's recommendations.Wikipedia

  8. 2013

    The Real Estate Regulatory Authority (RERA) Bill was introduced.Wikipedia

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Frequently asked questions

Who is an allottee under the RERA Act?

Q: How does the UP RERA directive identify an allottee? A: It identifies an allottee through an agreement for sale.Hindustan

What does UP RERA require for a building plan change?

Q: What does UP RERA require for a building plan change? A: Written consent from two-thirds of allottees is required in the prescribed format. Consent without full information is not accepted.Hindustan

What is the Act's pricing rule?

Builders must quote prices on carpet area rather than super built-up area and must disclose carpet area.Wikipedia

When did the Act come into force?

It came into force on 1 May 2016, with the remaining provisions in force from 1 May 2017.Wikipedia

GS paper mapping

  • GS-2Governance: laws and regulatory bodies; consumer protection and homebuyer rights
  • GS-2Statutory bodies and their functions (State RERA, appellate tribunal)
  • GS-3Infrastructure and housing: real estate sector regulation and transparency

Sources

Every fact on this page was checked against these pages.

  1. Wikipedia
  2. Hindustan
  3. up-rera.in

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