Section 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 1 gives the Act its name, says where it applies, and lets the Central Government decide when it starts, including starting different provisions on different dates. It is only three sub-sections long, but the third one explains why the Act did not begin working everywhere on one day. If you want a view on how it applies to your project or flat, our legal consultation service can help.
The Act may be called the Real Estate (Regulation and Development) Act, 2016 (1(1)). In the text as enacted it extends to the whole of India except the State of Jammu and Kashmir (1(2)). It comes into force on the date the Central Government appoints by notification in the Official Gazette, and different dates may be appointed for different provisions (1(3) and its proviso). A reference in any provision to "commencement of this Act" then means the coming into force of that provision.
Section 1 at a glance
| Sub-section | What it provides |
|---|---|
| 1(1) | Short title: the Real Estate (Regulation and Development) Act, 2016 |
| 1(2) | Extent: the whole of India except the State of Jammu and Kashmir (as enacted) |
| 1(3) | Commencement on such date as the Central Government appoints by notification in the Official Gazette |
| Proviso to 1(3) | Different dates for different provisions; "commencement of this Act" in a provision means that provision's coming into force |
Section 1(1): the short title
"This Act may be called the Real Estate (Regulation and Development) Act, 2016." In practice everyone calls it RERA, though that abbreviation is not in the text. The Act is numbered 16 of 2016 and received the assent of the President on 25 March 2016, as printed at the head of the gazette text. For a general introduction, read our complete guide to RERA 2016.
The long title, printed before the enacting formula, states the purposes: to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector, to ensure sale of plot, apartment or building, or of a real estate project, in an efficient and transparent manner, to protect the interest of consumers, to establish an adjudicating mechanism for speedy dispute redressal, and to establish the Appellate Tribunal to hear appeals. The long title is not an operative section, but it shows the three-part design: a regulator, an adjudicating officer and an appellate body.
Section 1(2): where the Act applies
"It extends to the whole of India except the State of Jammu and Kashmir."
This is the text as enacted. The Act is therefore a Central law that applies across the States and Union territories named in the text. Two points a reader should keep apart:
- Extent is not the same as the day-to-day rules. The Act is Central, but section 2(g) makes the "appropriate Government" (the State Government, or the Central Government for certain Union territories) responsible for rules, and the Authority for each State or Union territory is established under Chapter V. The details of registration forms, fees and procedure therefore differ by State. See our posts on RERA in Maharashtra and RERA in Delhi for examples.
- The text read here is as enacted. If you need the position of a particular territory today, check the current official text and the notifications for that territory.
Section 1(3): commencement by notification
"It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint."
Parliament did not fix a date in the Act. It left the date to the Central Government, which makes three things true:
- No date is printed in the section. The text you read does not say when the Act began. The commencement dates are in the Gazette notifications, not in the Act, so this article does not state them.
- The Act was brought into force in stages. The proviso explains how: "different dates may be appointed for different provisions of this Act". A Government can switch on some sections first (for example the provisions that set up the machinery) and others later.
- The word "commencement" is read provision by provision. The proviso adds that "any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision."
This third point matters in practice. Several sections count time from commencement. For example, section 3(2)(b) refers to projects for which the completion certificate has been issued "prior to commencement of this Act", and the first proviso to section 3(1) deals with ongoing projects on the date of commencement. Because of the proviso to 1(3), the reference point is the date on which that particular section started to operate. Our posts on registration of real estate projects under section 3 and on exemptions under section 3(2) explain how those rules work.
Example. Suppose a builder, Mehta Developers, completed a project and got the completion certificate before the registration provision started operating. The question whether the project needs registration depends on the dates fixed for the relevant provisions and on section 3, not on a single "RERA day". The builder should check the notification that brought the registration provision into force, and then read section 3(2)(b).
What section 1 does not say
- It gives no commencement date. Look to the Gazette notification.
- It does not say that all provisions started together; the proviso allows staggering.
- It does not mention State rules. Each State or Union territory makes its own, and the date from which they apply is in that State's notification.
Why it matters for different readers
| Reader | Practical point |
|---|---|
| Home buyer | Check which provisions were in force when you booked; section 3 and the project's status decide whether RERA protection applies |
| Promoter | Read the commencement-linked clauses of section 3 against your completion certificate date |
| Agent | The agent registration provision (section 9) has its own coming-into-force date; see section 9 |
| Student | Remember the proviso: commencement is provision-wise |
Need help with RERA applicability?
If you are unsure which RERA provisions applied to your project on a given date, or whether a completion certificate before commencement takes it outside registration, a short discussion can save a wrong filing. Our legal consultation team can read the notifications and your project papers together and tell you where you stand.
Key takeaways
- The short title is the Real Estate (Regulation and Development) Act, 2016, Act 16 of 2016 (1(1)).
- As enacted, it extends to the whole of India except the State of Jammu and Kashmir (1(2)).
- It starts on a date the Central Government appoints by notification (1(3)).
- Different provisions may start on different dates, and "commencement" in each provision means that provision's own start date.
- The section prints no dates; State rules and forms are not in the Act.
Read next
- Section 2: definitions of allottee, promoter, real estate agent and project
- Section 4: application for registration of a real estate project
- Introduction to RERA 2016: complete guide
- Registration of real estate projects under section 3
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.