The Real Estate (Regulation and Development) Act, 2016
Section 33: Advocacy and Awareness Measures under RERA 2016
Section 33 of the Real Estate (Regulation and Development) Act, 2016 provides for consultation on real estate policy and requires the Real Estate Regulatory Authority to promote awareness, advocacy and training about real estate laws and policies.
Meaning and purpose of Section 33
The provision serves two related purposes: it allows the appropriate Government to obtain the Authority's opinion on proposed policies or laws affecting the real estate sector, and it requires the Authority to undertake educational and awareness measures. The Authority's advisory role is distinct from its regulatory, enforcement and complaint-handling functions under other provisions of the Act.
Section 33: Explanation of the three sub-sections
Section 33(1): Government reference and opinion within 60 days
While formulating policy concerning the real estate sector, including reviewing real estate laws, or considering another relevant matter, the appropriate Government may refer a question to the Real Estate Regulatory Authority for its opinion on the possible effect of the policy or law on the sector. Upon receiving such a reference, the Authority must give its opinion within 60 days of the reference being made. The Government may then take such further action as it considers appropriate.
Section 33(2): Opinion is not binding
An opinion furnished by the Authority under Section 33(1) does not bind the appropriate Government when it formulates policy or legislation. The provision therefore establishes an advisory process rather than transferring legislative or policy-making authority to the regulator.
Section 33(3): Advocacy, awareness and training
The Authority must take suitable measures to promote advocacy, create awareness and impart training concerning laws and policies relating to the real estate sector. Such activities may help homebuyers, allottees, promoters, real estate agents and other stakeholders understand their statutory rights and obligations.
What is the appropriate Government?
Section 2(g) of RERA defines the term appropriate Government. Broadly, it refers to the Central Government for Union territories without a legislature and for specified Central Government or Union territory matters, and to the State Government for a State. The precise statutory definition, including its qualifications, governs each case.
Practical significance of Section 33
- Policy consultation: Regulators can advise on the likely consequences of changes to real estate policy and law.
- Time-bound response: The Authority is expected to furnish its opinion within the statutory 60-day period.
- Government discretion: Advice under this section does not compel the Government to adopt a particular policy.
- Public education: Authorities must promote knowledge of real estate laws and policies through suitable advocacy, awareness and training measures.
Relationship with other RERA provisions
Section 32 addresses recommendations for the growth and promotion of a healthy, transparent and competitive real estate sector. Section 34 specifies the Authority's regulatory functions. Unlike the consultation and awareness measures under Section 33, complaints about contraventions of the Act are dealt with under Section 31, subject to the applicable rules and regulations.
Official resources
For the statutory text, rules, notifications and guidance, refer to the India Code legislative database and the Ministry of Housing and Urban Affairs. For State-specific rules, orders and awareness programmes, consult the relevant State or Union territory Real Estate Regulatory Authority's official portal.