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Real Estate: The Regulatory Framework in India

Himanshu Panday

Himanshu Panday, Real Estate: The Regulatory Framework in India, Vol. 12 Iss (2), IJLR (2026)

Abstract

The real estate sector in India has undergone significant transformation from its historical roots, where land was considered the most valuable asset primarily controlled by wealthy landlords and ruling classes, to becoming one of the fastest-growing industries driven by technological advancements and regulatory reforms. The introduction of the Real Estate (Regulation and Development) Act, 2016 (RERA) by the Union Government marked a significant step toward regulating the sector by promoting transparency, accountability, and consumer protection. The Act establishes key mechanisms such as mandatory project registration, maintenance of 70% of project funds in a separate escrow account, financial discipline, timely completion of projects, disclosure requirements, and a dispute redressal mechanism through State Regulatory Authorities. This study examines the role and impact of major legislations governing real estate, including the Transfer of Property Act, 1882, Registration Act, 1908, Indian Stamp Act, 1899, Land Acquisition Act, 2013, and RERA, in regulating ownership, transactions, and development. It further analyzes the functions of Real Estate Regulatory Authorities in ensuring standardization, protecting consumer interests, addressing structural defects, and imposing penalties for non-compliance. The study concludes that RERA has significantly enhanced regulatory efficiency, transparency, and consumer confidence in the real estate sector, while emphasizing that continued enforcement and timely reforms remain essential for sustainable growth and public trust.

Keywords

Real Estate Regulation, Real Estate (Regulation and Development) Act, 2016 (RERA), Consumer Protection, Regulatory Framework

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