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VOL. 8, ISSUE 1 (2026)
Common area under the Real Estate (Regulation and Development) Act, 2016
Authors
Abhinav Viswanath
Abstract
Common Area is defined under Sec. 2(n) of the
Real Estate (Regulation and Development) Act, 2016. The Act was enacted in
order to regulate and promote the real estate sector with respect to the sale
of plots, buildings or apartments in an efficient and transparent manner that
protects the interests of the consumers. The paper is a critical analysis of
the meaning of common area under the Real Estate (Regulation and Development)
Act, 2016 wherein the objective of real estate laws in the country is first referred
to and analysed. Common areas, as the name suggests are various habitual,
regular, everyday areas in a real estate project. The definition under the Real
Estate (Regulation and Development) Act, 2016 provides scope for various
aspects to be included within the ambit of a common area. Therefore, the
various aspects of a common area as per the definition is discussed upon which
the rights and duties of allottees under the law are critically analysed. The
functions and duties of a promoter under the Act are also critically analysed,
including the role of various State Governments in furthering the enhancement
of the real estate sector in the nation. The role of promoters, allottees of
associations in the transfer and maintenance of common areas are further
analysed, wherein the scope, aim and objective of the Real Estate (Regulation
and Development) Act, 2016 is revisited in the conclusion to differentiate
between carpet, built-up and super built-up areas.
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Pages:250-252
How to cite this article:
Abhinav Viswanath "Common area under the Real Estate (Regulation and Development) Act, 2016". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 250-252
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