Section 85: Power to make regulations

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 85

Section 85 empowers the Real Estate Regulatory Authority to make statutory Regulations consistent with the Act and State Rules to govern its internal operations, digital filings, and dispute procedures.

  • Regulatory Power: Authority may, by notification, make regulations consistent with the Act and rules made thereunder to carry out the purposes of RERA.
  • Operational Subjects: Regulations govern procedural sittings, cause list management, digital portal uploads, standardized disclosures, and court commissioner appointments.
  • Prior Publication Requirement: Regulations must be notified in the Official Gazette to have binding force on developers, allottees, and agents.
  • Subordination to Act & Rules: Regulations are subordinate to the parent Act and State Rules; any inconsistency renders the regulation void pro tanto.
Key Landmark Precedents:
  • MahaRERA v. Promoters Association, 2020 SCC OnLine MahaRERA 31: Affirmed that regulations notified by MahaRERA standardizing the Model Form Agreement for Sale and escrow withdrawal procedures carry statutory force under Section 85.
  • Bharathidasan University v. AICTE, (2001) 8 SCC 676: The Supreme Court held that regulatory bodies cannot create novel liabilities or restrictions through regulations that exceed the parent Act's mandate.
Courtroom Practice & Strategic Litigation Guidance:

Always check the Authority's local procedural regulations for mandatory e-filing requirements, formatting of complaints, and statutory court fee stamps prior to lodging a complaint.