The Real Estate (Regulation and Development) Act, 2016 (RERA) plays a significant role in regulating the formation of housing societies and associations in India. While RERA primarily focuses on the regulation of real estate developers and their projects, it also impacts housing societies and associations in several ways: Registration of Real Estate Projects: Developers must register their projects with RERA before advertising or selling properties. This registration ensures that housing societies are formed based on legal and regulated projects, protecting the interests of buyers. Mandatory Disclosure of Information: RERA requires developers to disclose detailed information about the project, including layout plans, project timelines, and the status of approvals. This transparency is crucial for housing societies as it allows them to verify the legitimacy of the project and its developers. Formation of Housing Societies: Upon the completion of the project, developers are responsible for forming a housing society or association to manage the common areas and facilities. RERA mandates that developers must facilitate this process and transfer the property rights to the housing society or association. Transfer of Title: RERA stipulates that the developer must transfer the title of the land and the project to the housing society or association, ensuring that residents have legal ownership and control over common areas and facilities. Rights and Duties of Members: RERA emphasizes the rights and duties of members within the housing society or association. This includes the right to participate in decision-making processes, access to common facilities, and the obligation to adhere to the society's bylaws and regulations. Grievance Redressal: RERA establishes a mechanism for addressing grievances related to housing societies. Homebuyers and society members can approach the regulatory authority for complaints against developers or issues within the housing society, ensuring a formal resolution process. Financial Transparency: Developers are required to maintain separate bank accounts for project funds, ensuring transparency in financial transactions. This is crucial for housing societies as it assures members that their contributions are utilized appropriately for the project's development and maintenance. Formation and Operation of Associations: RERA encourages the establishment of cooperative housing societies or associations to manage community living. These associations must operate according to the guidelines laid down by the Act, ensuring that members’ interests are protected. Compliance with Local Laws: Housing societies and associations formed under RERA must comply with local laws and regulations governing urban development, zoning, and environmental standards. Common Area Management: RERA provides guidelines for the management and maintenance of common areas within housing projects, ensuring that housing societies have a framework for the upkeep and administration of shared facilities. Regulatory Authority Oversight: The state RERA authority oversees the functioning of housing societies and associations, ensuring compliance with the Act and addressing any violations or disputes that may arise. In summary, RERA regulates the formation of housing societies and associations by establishing a framework that promotes transparency, accountability, and fairness in real estate transactions. By mandating the registration of projects, facilitating the formation of societies, and ensuring financial transparency, RERA aims to protect the interests of homebuyers and foster a conducive environment for community living.

Dear client, The Real Estate (Regulation and Development) Act, 2016 was enacted to promote and regulate the real estate sector and also to safeguard the interests of the buyers in the real estate market. However, many important aspects under RERA remain ambiguous and one such aspect is procedure for registration of the association of allottees/owners. While the Chapter III of RERA deals with the functions and duties of Promoter, Chapter IV elucidates the rights and duties of the allottes. The term allottes is defined under section 2(d) of RERA to include any person who acquires a plot, apartment or building from the promoter. The term Promoter is extensively defned under section 2 (zk) of RERA to include a builder, developer, development authorities formed by the government cooperation housing societies, and any other person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any other name or a power of attorney holder of owner of land in which the building and apartment is constructed or plot is developed for sale. The promoter under the provisions of RERA is obligated to enable formation of an association of owners or a society or a cooperative society under applicable laws. Should you have any queries, please feel free to contact us!