Section 85: Power to Make Regulations under RERA, 2016
Section 85 empowers a Real Estate Regulatory Authority to frame regulations for implementing the Real Estate (Regulation and Development) Act, 2016, subject to the Act and the rules made under it.
Meaning and scope of Section 85
Regulations are subordinate legal instruments notified by the Real Estate Regulatory Authority to prescribe procedures and operational details within the powers granted by the Act. They must be consistent with the Act and the applicable rules. Unlike rules, which are made by the appropriate Government under Section 84, regulations under Section 85 are made by the Authority itself.
Under sub-section (1), the Authority is required to make regulations by notification within three months of its establishment. Sub-section (2) specifies matters that may be regulated, without restricting the general power conferred by sub-section (1).
Section 85 - Statutory provisions
(1) The Authority shall, within a period of three months of its establishment, by notification, make regulations, consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(a) the form and manner of making application and fee payable herewith under sub-section (1) of section 4;
(b) the form of application and the fees for extension of registration under section 6;
(c) such other information and documents required under clause (f) of sub-section (1) of section 11;
(d) display of sanctioned plans, layout plans along with specifications, approved by the competent authority, for display under clause (a) of sub-section (3) of section 11;
(e) preparation and maintenance of other details under sub-section (6) of section 11;
(f) time, places and the procedure in regard to transaction of business at the meetings of the Authority under sub-section (1) of section 29;
(g) the form, manner and fees for filing a complaint under sub-section (2) of section 31;
(h) standard fees to be levied on the promoter, the allottees or the real estate agent under clause (e) of section 34;
(i) any other matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations.
What matters can the Authority regulate?
The specified subjects include applications for project registration and extension, additional promoter disclosures, display of sanctioned plans and project specifications, maintenance of prescribed details, the Authority's meeting procedures, complaint filing and related fees, standard fees chargeable to promoters, allottees and real estate agents, and other matters for which regulations are authorised.
Rules and regulations are not interchangeable
The appropriate Government makes rules under Section 84, whereas the Real Estate Regulatory Authority makes regulations under Section 85. Both operate below the parent Act, and regulations must also comply with the applicable rules. Actual forms, filing procedures and fees can differ between jurisdictions; users should check the current regulations and notifications of the relevant State or Union Territory Authority.
Practical application
Promoters, allottees and real estate agents should consult the regulations issued by the competent Authority before submitting registration, extension or complaint applications. Section 85 provides the power to make these regulations; it does not itself prescribe a uniform nationwide fee schedule or application form.