Section 32: The RERA 2016

Section 32: Functions of Authority for promotion of real estate sector

The Authority shall in order to facilitate the growth and promotion of a healthy,

transparent, efficient and competitive real estate sector make recommendations to the appropriate Government or the competent authority, as the case may be, on

(a) protection of interest of the allottees, promoter and real estate agent;

(b) creation of a single window system for ensuring time bound project approvals and clearances for timely completion of the project;

(c) creation of a transparent and robust grievance redressal mechanism against acts of omission and commission of competent authorities and their officials;

(d) measures to encourage investment in the real estate sector including measures to increase financial assistance to affordable housing segment;

(e) measures to encourage construction of environmentally sustainable and affordable housing, promoting standardisation and use of appropriate construction materials, fixtures, fittings and construction techniques;

(f) measures to encourage grading of projects on various parameters of development including grading of promoters;

(g) measures to facilitate amicable conciliation of disputes between the promoters and the allottees through dispute settlement forums set up by the consumer or promoter associations;

(h) measures to facilitate digitization of land records and system towards conclusive property titles with title guarantee;

(i) to render advice to the appropriate Government in matters relating to the development of real estate sector;

(j) any other issue that the Authority may think necessary for the promotion of the real estate sector.

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Object of section 32

Section 32 of the Real Estate (Regulation and Development) Act, 2016 (RERA), pertains to the “Functions of the Authority” and outlines the objects and scope of the functions of the Real Estate Regulatory Authority (RERA). The key objects and scope of Section 32 are as follows:

1. Establishment and administration: Section 32 establishes the Real Estate Regulatory Authority (RERA) in each state and Union Territory of India. The primary objective of RERA is to regulate and promote the real estate sector in a transparent and efficient manner.
2. Registration of real estate projects: One of the essential functions of RERA is to register real estate projects. Developers or promoters are required to register their projects with the respective state RERA before advertising, marketing, or selling any plot, apartment, or building. This ensures that only registered and approved projects are offered to buyers.
3. Receiving and resolving complaints: RERA has the authority to receive and address complaints from homebuyers and other stakeholders in the real estate sector. The Act aims to provide a mechanism for speedy redressal of grievances and disputes between buyers and developers.
4. Promoting transparency and accountability: RERA works towards ensuring transparency in the real estate sector by mandating that developers provide comprehensive information about the project, including layout plans, carpet area, approvals, timeline, and completion date. This helps homebuyers make informed decisions.
5. Disciplinary action: RERA has the power to take disciplinary action against developers who violate the provisions of the Act or fail to comply with the terms and conditions of the registration. This may include imposing penalties, revoking registrations, or taking other appropriate actions.
6. Facilitating fair practices: The Act aims to promote fair practices in the real estate sector and curb unfair trade practices. RERA ensures that developers adhere to ethical business practices and protect the interests of homebuyers.
7. Enforcing the provisions of the Act: Section 32 empowers RERA to enforce the various provisions of the Real Estate Act and take necessary measures to implement its objectives effectively.
8. Promoting professionalism: RERA encourages professionalism in the real estate sector by requiring real estate agents to register with the authority and adhere to a code of conduct.

The objects and scope of Section 32 of RERA reflect the Act’s intention to protect the interests of homebuyers, promote transparency, and establish a regulatory framework that ensures accountability and fair practices in the real estate sector. It is essential for developers, homebuyers, and other stakeholders to be aware of the functions and responsibilities of RERA to ensure compliance with the Act’s provisions. However, please note that legal frameworks may evolve, and it is essential to refer to the latest version of the Real Estate (Regulation and Development) Act for the most up-to-date information.