Section 34 of RERA 2016: Functions of the Real Estate Regulatory Authority
Section 34 of the Real Estate (Regulation and Development) Act, 2016 (RERA) specifies the statutory functions of the Real Estate Regulatory Authority. It establishes responsibilities for registration and regulation of real estate projects and agents, public disclosure, compliance monitoring and enforcement. These functions are exercised by the Authority established for the relevant State or Union Territory, subject to the Act and applicable rules and regulations.
What does Section 34 provide?
Section 34 provides that the functions of the Authority shall include the following eight duties:
Section 34(a): Registration and regulation
Register and regulate real estate projects and real estate agents registered under the Act. Project registration is governed principally by Sections 3 to 8, while registration of real estate agents is addressed in Sections 9 and 10.
Section 34(b): Public project records
Publish and maintain on its website, for public viewing, records of registered real estate projects with prescribed details, including information furnished in the registration application. Buyers can use these disclosures to examine registration particulars and project information.
Section 34(c): Database of defaulting promoters
Maintain a publicly accessible website database containing names and photographs of promoters identified as defaulters, project details where registration has been revoked or penalties imposed, and the reasons for such action.
Section 34(d): Database of real estate agents
Maintain a public database containing the names and photographs of real estate agents who have applied for and obtained registration, together with prescribed particulars, including information on registrations rejected or revoked.
Section 34(e): Standard fees
Fix, through regulations, standard fees to be levied on allottees, promoters or real estate agents, as applicable, for each area under the Authority's jurisdiction. Such fees must follow the governing statutory and regulatory framework.
Section 34(f): Compliance with statutory obligations
Ensure compliance with obligations imposed on promoters, allottees and real estate agents by RERA and the rules and regulations made under it. The obligations of promoters, allottees and agents are dealt with, among other provisions, in Sections 11 to 19.
Section 34(g): Compliance with regulatory orders
Ensure compliance with the Authority's regulations, orders and directions issued in exercise of powers under RERA. Related powers include investigation under Section 35, interim orders under Section 36, directions under Section 37 and enforcement under Section 40.
Section 34(h): Other assigned functions
Perform such additional functions as the appropriate Government may entrust to the Authority as necessary to carry out the Act.
Important terms under RERA
Authority: The Real Estate Regulatory Authority established under Section 20. Promoter: A person or entity falling within the definition in Section 2(zk), including specified persons who construct or develop real estate projects for sale. Allottee: A person to whom a plot, apartment or building is allotted, sold or otherwise transferred, as defined in Section 2(d), subject to statutory exclusions. Real estate agent: A person covered by Section 2(zm) who negotiates or acts on behalf of a person in transactions relating to sale or purchase in a real estate project for remuneration.
Practical significance for homebuyers and developers
Before purchasing a unit, an allottee can consult the relevant State or Union Territory RERA website for project registration status, promoter disclosures and agent registration. Developers and agents should keep filings and disclosures accurate and comply with directions issued by the competent Authority. Section 34 principally defines the Authority's responsibilities; a complaint alleging a statutory violation may be filed under Section 31, subject to the applicable procedure and jurisdiction.
Official resources
Refer to the India Code official legislation portal for the text of the Real Estate (Regulation and Development) Act, 2016, and the Ministry of Housing and Urban Affairs for central RERA information. For live project and agent records, fees and complaint procedures, consult the official RERA portal for the relevant State or Union Territory.
This article explains the central Act. State and Union Territory rules and regulations may prescribe additional procedural requirements.