The applicability of the RERA Act, 2016 depends on various factors one of which is the planning area and one should clearly know the concept of planning area as per the RERA Act, 2016.

As per Section 2 (zh) of the RERA Act, 2016, "planning area" means a planning area or a development area or a local planning area or a regional development plan area, by whatever name called, or any other area specified as such by the appropriate Government or any competent authority and includes any area designated by the appropriate Government or the competent authority to be a planning area for future planned development, under the law relating to Town and Country Planning for the time being in force and as revised from time to time.

Section 3(1) of the RERA Act, 2016, no promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act.

Second proviso to Section 3(1) of the RERA Act, 2016, if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority, it may, by order, direct the promoter of such project to register with the Authority, and the provisions of this Act or the rules and regulations made thereunder, shall apply to such projects from that stage of registration.

Both the homebuyers and the promoters must be clear about the concept of the planning area according to the RERA Act, 2016 and its related provisions which must be followed.

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Tags: RERA