RERA full form: Everything you need to know

The Real Estate (Regulation and Development) Act, 2016, (RERA) is an act passed by the Indian parliament. The RERA seeks to protect the interests of home buyers and also boost investments in the real estate sector. While the Rajya Sabha passed the RERA bill on March 10, 2016, an approval from the Lok Sabha came on March 15, 2016. The act then came into force from May 1, 2016. While 59 of its 92 sections were notified on May 1, 2016, the remaining provisions came into force from May 1, 2017.

Under the Act, state governments are required to notify their own rules under the Act, on the basis of the model rules framed under the central Act.

 

Here is a guide on RERA approved projects and benefits of RERA for home buyers.

RERA full form: What is RERA Act?

RERA, which is the Real Estate Regulatory Authority, was established under the Real Estate (Regulation and Development) Act, 2016, with the aim to regulate the real estate sector and address the issues faced by home buyers. It has the following objectives:

• To protect the interest of the allottees and ensure their responsibility
• To maintain transparency and reduce the chances of fraud
• To implement Pan-India standardization and bring about professionalism
• To enhance the flow of correct information between the home buyers and the sellers
• To impose greater responsibilities on both the builders and the investors
• To enhance the reliability of the sector and thereby increase confidence amongst the investors. 

For long, home buyers complained that real estate transactions were lopsided and heavily in favour of the developers. In India, RERA and the government’s model code, aim to create a more equitable and fair transaction between the seller and the buyer of properties, especially in the primary market. RERA, it is hoped, will make real estate purchase simpler, by bringing in better accountability and transparency, provided that states do not dilute the provisions and the spirit of the central act. The RERA will give the Indian real estate industry its first regulator. The Real Estate Act makes it mandatory for each state and union territory, to form its own regulator and frame the rules that will govern the functioning of the regulator.

 

States and union territories with active RERA websites

State/ union territory	Notification status
Arunachal Pradesh	Notified (Website yet to be launched)
Assam	Notified (Website launched)
Kerala	Notified (Website launched)
Manipur	Notified (Website yet to be launched)
Meghalaya	Notified (Website yet to be launched)
Mizoram	Notified (Website launched)
Nagaland	To be notified soon
Sikkim	Notified (Website yet to be launched)
Tripura	Notified (Website launched)
West Bengal	Notified under HIRA (Website yet to be launched)
Lakshadweep	Notified (Website launched)
Puducherry	Notified (Website launched)

 

RERA registration in states and union territories, as on January 2023

State/ union territory	Registered projects	Registered agents
Andhra Pradesh	3,900	175
Bihar	1509	495
Chhattisgarh	1,606	707
Goa	1013	404
Gujarat	10,751	2,046
Haryana	1123	3334
Himachal Pradesh	139	134
Jharkhand	1055	10
Karnataka	6582	3763
Madhya Pradesh	4720	1329
Maharashtra	38,643	38,920
Odisha	822	126
Punjab	1191	2874
Rajasthan	2216	4786
Tamil Nadu	12910	2738
Telangana	5299	2521
Uttar Pradesh	3353	5795
Uttarakhand	361	354
Andaman and Nicobar Island	3	28
Dadra and Nagar Haveli – Daman and Diu	185	2
Delhi (National Capital Territory of Delhi)	81	566

know about: RERA approval online

RERA Act: RERA approval and its benefits

Some of the important RERA compliances are:

• Informing allottees about any minor addition or alteration.
• Consent of 2/3rd allottees about any other addition or alteration.
• No launch or advertisement before registration with RERA
• Consent of 2/3rd allottees for transferring majority rights to 3rd party.
• Sharing information project plan, layout, government approvals, land title status, sub-contractors.
• Increased assertion on the timely completion of projects and delivery to the consumer.
• An increase in the quality of construction due to a defect liability period of five years.
• Formation of RWA within specified time or 3 months after majority of units have been sold.

The most positive aspect of this Act is that it provides a unified legal regime for the purchase of flats; apartments, etc., and seeks to standardise the practice across the country. Below are certain key highlights of the Act:

Establishment of the regulatory authority: The absence of a proper regulator (like the Securities Exchange Board of India for the capital markets) in the real estate sector, was long felt. The Act establishes Real Estate Regulatory Authority in each state and union territory. Its functions include protection of the interests of the stakeholders, accumulating data at a designated repository and creating a robust grievance redressal system. To prevent time lags, the authority has been mandated to dispose applications within a maximum period of 60 days; and the same may be extended only if a reason is recorded for the delay. Further, the Real Estate Appellate Authority (REAT) shall be the appropriate forum for appeals.

Compulsory registration: According to the central act, every real estate project (where the total area to be developed exceeds 500 sq mtrs or more than 8 apartments is proposed to be developed in any phase), must be registered with its respective state’s RERA. Existing projects where the completion certificate (CC) or occupancy certificate (OC) has not been issued, are also required to comply with the registration requirements under the Act. While applying for registration, promoters are required to provide detailed information on the project e.g. land status, details of the promoter, approvals, schedule of completion, etc. Only when registration is completed and other approvals (construction related) are in place, can the project be marketed.

Reserve account: One of the primary reasons for delay of projects was that funds collected from one project, would invariably be diverted to fund new, different projects. To prevent such a diversion, promoters are now required to park 70% of all project receivables into a separate reserve account. The proceeds of such account can only be used towards land and construction expenses and will be required to be certified by a professional.

Continual disclosures by promoters: After the implementation of the Act, home buyers will be able to monitor the progress of the project on the RERA website since promoters will be required to make periodic submissions to the regulator regarding the progress of the project.

Title representation: Promoters are now required to make a positive warranty on his right title and interest on the land, which can be used later against him by the home buyer, should any title defect be discovered. Additionally, they are required to obtain insurance against the title and construction of the projects, proceeds of which shall go to the allottee upon execution of the agreement of sale.

Standardisation of sale agreement: The Act prescribes a standard model sale agreement to be entered into between promoters and homebuyers. Typically, promoters insert punitive clauses against home buyers which penalised them for any default while similar defaults by the promoter attracted negligible or no penalty. Such penal clauses could well be a thing of the past and home buyers can look forward to more balanced agreements in the future.

Penalty: To ensure that violation of the Act is not taken lightly, stiff monetary penalty (up to 10% of the project cost) and imprisonment has been prescribed against violators.

 

 

RERA Act: definition of carpet area 

The area of a property is often calculated in three different ways – carpet area, built-up area and super built-up area. Hence, when it comes to buying a property, this can leads to a lot of disconnect, between what you pay and what you actually get. Gautam Chatterjee, Maharashtra RERA chairman, explains that “It is now mandatory for the developers of all ongoing projects, to disclose the size of their apartments, on the basis on carpet area (i.e., the area within four walls). This includes usable spaces, like kitchen and toilets. This imparts clarity, which was not the case earlier.” According to the RERA, carpet area is defined as ‘the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment’. Rahul Shah, CEO of Sumer Group, points out that “As per the RERA guidelines, a builder must disclose the exact carpet area, so that a customer knows what he is paying for. However, the act does not make it mandatory for the builders, to sell a flat on the basis of carpet area.”

See also: How is RERA carpet area defined?

 

RERA Benefits

Industry	Developer	Buyer	Agents
Governance and transparency Project efficiency and robust project delivery Standardization and quality Enhance confidence of investors Attract higher investments and PE funding Regulated Environment	Common and best practices Increase efficiency Consolidation of sector Corporate branding Higher investment Increase in organised funding	Significant buyers protection Quality products and timely delivery Balanced agreements and treatment Transparency – sale based on carpet area Safety of money and transparency on utilisation	Consolidation of sector (due to mandatory state registration) Increased transparency Increased efficiency Minimum litigation by adopting best practices

Impact on real estate industry

• Initial backlog.
• Increased project cost.
• Tight liquidity.
• Rise in cost of capital.
• Consolidation.
• Increase in project launch time.

Initially, a lot of work is to be done to get the existing and new project registered. Details such as status of each project executed in last 5 years, promoter details, detailed execution plans, etc., needs to be prepared. With the advent of RERA, specialised forums such as the State Real Estate Regulatory Authority and the Real Estate Appellate Tribunal, will be established for the resolution of disputes pertaining to home buying and the aggrieved party will have no recourse to other consumer forums and civil courts, on such matters. While the RERA sets the groundwork for fast-tracking dispute resolution, the litmus test for its success, will depend on the timely setting up of these new dispute resolution bodies and how these disputes are resolved expeditiously with a degree of finality.

 

 

RERA approved projects: Which projects can get RERA approval?

• Commercial and residential projects including plotted development.
• Projects measuring more than 500 sq mts or 8 units.
• Projects without Completion Certificate, before commencement of the Act.
• The project is only for the purpose of renovation / repair / re-development which does not involve re-allotment and marketing, advertising, selling or new allotment of any apartments, plot or building in the real estate project, will not come under RERA.
• Each phase is to be treated as standalone real estate project requiring fresh registration.

 

How can a project be RERA approved, and a builder be RERA compliant?

• Project registration.
• Advertisement.
• Withdrawal – POC method.
• Website updation/ Disclosures.
• Carpet area.
• Alteration in project – approval of 2/3 allottees.
• Project accounts – Audit.
• 70% of the funds collected from allottees needs to be deposited in the project account. Withdrawals to cover construction and land cost.
• Withdrawals to be in proportion to the percentage completion method.
• Withdrawal to be certified by an engineer, architect, and CA.
• Provision for RERA to freeze project bank accounts upon non-compliance.
• Interest on delay will be same for customer and promoter.

 

What information does a builder need to provide under RERA

• Number, type and carpet area of apartments.
• Consent from affected allottees for any major addition or alteration.
• Quarterly updating of RERA website with details such as unsold inventory and pending approvals.
• Project completion time frame.
• No false statements or commitments in advertisement.
• No arbitrary cancellation of units by promoter.

How to register projects under RERA?

• Authenticated copy of all approvals, commencement certificate, sanctioned plan, layout plan, specification, plan of development work, proposed facilities, Proforma allotment letter, agreement for sale and conveyance deed to be given when
• Applying for project registration with RERA.
• Mandatory registration of new and existing projects with RERA before launch.
• Registration of agents/brokers with RERA.
• Dispute resolution within 6 months at RERA and RERA appellate tribunals.
• Separate registration of different phases of a single projects.
• Developers to share details of projects launched in last 5 years with status and reason for delay with RERA.
• Timely updating of RERA website.
• Maximum 1 year extension in case of delay due to no fault of developer.
• Annual audit of project accounts by a CA.
• Conveyance deed for common area in favour of RWA.
• Construction and land title insurance.
• Project completion time period.

 

How will RERA impact insurance cost for construction and land title

• Land and approval costs to be meted out of internal accruals as prelaunch concept may end. It may lead to a shift in equity financing from debt financing prevailing currently. The cost of capital may go up as developers may now have to fund the land and approval cost through equity.
• With frequent delay in obtaining approvals, debt funding may not be an ideal route for developers. With entry in the sector made difficult, the sector may witness consolidation.
• Strong financial and execution capability is required to launch a project. The development model/agreement may gain prominence.
• The project launch time may increase since a lot of time will be involved in finalizing finer details before launching a project.
• Details such as complete drawings, utilities layout, etc., needs to be finalized before project starts.

 

How can brokers become RERA approved

1. Section 3: Promoter cannot advertise, book, sell or offer for sale, without registration with RERA.
2. Section 9:

• No agent can sell any project without obtaining RERA registration.
• Agents’ RERA number needs to be documented in every sale facilitated by him.
• Registration needs to be renewed.
• Registration can be revoked or blocked if any breach is made to conditions of registration for a specified time.

3. Section 10:

• No agent can sell a project not registered.
• Maintain books and records.
• Not be involved in unfair trade practices.
  • Make an incorrect statement – oral, written, visual.
  • Represent that services are of a particular standard.
  • Represent that the promoter or himself has approval or affiliation which such promoter or himself does not have.
  • Permit publication of advertisement in the newspaper or otherwise of services not intended to be offered.

• Agent needs to facilitate possession of all documents to the allottee at the time of booking.

 

How will RERA impact real estate agents

Under the Real Estate (Regulation and Development) Act (RERA), real estate agents will need to register themselves, to be able to facilitate a transaction. The broker segment in India, is estimated to be a USD 4 billion industry, with an estimated 5,00,000 to 9,00,000 brokers. However, it has traditionally been unorganised and unregulated. “It will bring a lot of accountability in the industry and the ones who believe in professional and transparent business, will reap all the benefits. Now, the agents will have a much larger and responsible role to perform, as they will have to disclose all the appropriate information to the customer and even help them chose a RERA-compliant developer,” says Sam Chopra, founder and chairman of RE/MAX India. With RERA in force, brokers cannot promise any amenities or services that are not mentioned in the documents. Moreover, they will have to provide all information and documents to the home buyers, at the time of booking. Consequently, RERA is likely to filter out the inexperienced, unprofessional, fly-by-night operators, as brokers not following the guidelines will face hefty penalty or jail or both.

 

What happens if builder delays possession, as per RERA?

Under Section 18 of the RERA Act, if the possession of the property is delayed on the part of the promoter, a consumer can terminate the agreement and request for refund. The promoter must return the entire amount paid by the consumer with interest. The Section 18 also allows a consumer to continue with the project and claim compensation from the developer for every month of delay until the possession of property.

The rate of interest payable by the developer and the format of such complaint are specified under the RERA Rules that vary from state to state. Consumers can file a complaint against the developer in case of delay in possession under Section 31 of the Act. According to Section 31, any aggrieved person may file a complaint with the regulatory authority for violations of the said act. The complaint can be filed by homebuyer as well as Association of Allottees.

What happens if buyer runs away after making partial payment to a builder?

If after repeated notification by the developer, the buyer doesn’t revert to pay the balance payment, as per section 19(6) of the Rera Act, a developer can file an appeal to cancel sale deed.  According to Section 19(6) of the RERA Act, every allottee, who has entered into an agreement for sale of an apartment, plot or building has to make payments within the time mentioned in the agreement for sale.

How to file a complaint under RERA?

Digbijoy Bhowmik, head of policy, RICS, explains, “Complaints can be filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, either with the Real Estate Regulatory Authority or the adjudicating officer. Such complaints may be against promoters, allottees and/or real estate agents. Most state government rules, made appurtenant to the RERA, have laid out the procedure and form, in which such applications can be made. In the case of Chandigarh UT or Uttar Pradesh, for instance, these are placed as Form ‘M’ or Form ‘N’ (common with most other states and union territories).” A complaint under the RERA, is required to be in the form prescribed under the respective states’ rules. The complaint can be filed with respect to a project registered under RERA, within the prescribed time limit, for violation or contravention of provisions of the act or the rules or regulations framed under RERA. “For cases pending before the NCDRC or other consumer fora, the complainants/ allottees can withdraw the case and approach the authority under the RERA. Other offences (except complaints under Section 12, 14, 18 and 19) can be filed before the RERA authority,” explains Ajay Monga, partner at SNG & Partners law firm.

Applicable penalties under RERA

Applicable sections	Offences committed	Applicable penalties
Section 9 (7)	Registration secured through misrepresentation or fraud Breach of terms for which registration obtained	Revocation of Agent Registration Number
Section 62	Contravention of Section-9 & Section 10	Penalty of INR 10,000/-day during which the default continues extending up to 5% of cost of unit sold
Section 65	Contravention of orders of RERA authorities	Penalty up to 5% of cost of unit sold
Section 66	Contravention of orders of Appellate tribunal	Imprisonment for up to 1 year or with fine extend up to 10% of cost of unit sold

Can RERA overturn ‘forced consent’ agreements procured by builders for changing project plans?

Section 14 of the RERA prohibits developers from making any amendments to the sanctioned plan of the project, without the prior consent of the home buyers. As per Section 14, any alteration in the plans and specifications of an individual apartment, is permitted only with the prior written consent of the concerned home buyer. On the other hand, alterations in the layout of the entire project and the common areas of the building, cannot be effected unless the developer obtains the prior written consent of two-thirds of all the home buyers (or allottees) in the project. The Bombay High Court, in the case of Madhuvihar Cooperative Housing Society and others vs Jayantilal Investments and others, 2010 (6) Bom CR 517, had the opportunity to interpret Section 7 of the Maharashtra Ownership of Flats Act (MOFA), 1963, which is similar to Section 14 of the RERA. It held that the consent of a home buyer must be an ‘informed consent’, i.e., one which is freely given after the flat purchaser is placed on notice by complete and full disclosure of the project or scheme that the builder plans to implement. Further, the consent must be specific and relatable to a particular project or scheme of the developer which is intended. The bench further added that blanket or general consents, obtained in advance by developers, particularly during signing of agreements, were legally invalid. As Section 7 of the MOFA is analogous to Section 14 of the RERA, the ruling of the Madhuvihar Cooperative Housing Society case will hold good for all cases that come before the Real Estate Regulatory Authority and the Real Estate Appellate Tribunal.

 

RERA in states

As on March 26, 2022, 32 states and union territories (UTs) have set up Real Estate Regulatory Authority (26 regular and 6 interim). States namely Ladakh, Meghalaya, Sikkim and West Bengal have notified the rules but are yet to establish the authority. Under the RERA, every state and UT must have its own regulator. Developers will not be able to market their ongoing or upcoming projects, till they register either with the permanent or interim regulator in states. All the states and UTs have notified rules under RERA except Nagaland, which is under process to notify the rules.

A total of 28 states have appointed interim Real Estate Appellate Tribunals, including 24 regular and four interim, under the Real Estate Act. In 29 states and UTs, the regulatory authorities have operationalised their websites as per the provisions of RERA.

 

Maharashtra RERA

The Maharashtra Real Estate Regulatory Authority (MahaRERA) came into existence on May 1, 2017. Deemed as one of the most active real estate regulatory authorities in India, Maharashtra became the first state to initiate conciliation mechanism under Section 32 (g) of the RERA, by way of Alternative Dispute Resolution (ADR). Any aggrieved allottee or promoter (as defined under RERA) can invoke the conciliation mechanism set up by MahaRERA. For this purpose, a dedicated website has been created and one can have access to it even via the MahaRERA website.

RERA Maharashtra sent second set of show cause notices to 16,000 developers on April 5 2023, for them to update project information on the MahaRERA portal. The first set of show cause notices was sent in January 2023 t0 19,500 developers of which only a small group complied.

As part of the second notice MahaRERA have granted 15 days to developers to furnish with all necessary details under Section 11 of RERA Act, failure of which will result in penalty and even cancellation of project registration.

 

Uttar Pradesh RERA

There are two centres for the Uttar Pradesh RERA, one in Lucknow and another in the NCR. The Uttar Pradesh RERA Rules were notified in 2016 and the state’s RERA website was launched on July 26, 2017.

Karnataka RERA

The Karnataka RERA Rules, 2016, was approved by the cabinet on July 5, 2017. According to the Karnataka RERA Rules, every promoter, ongoing project and real estate agent has to register with the Karnataka RERA before it can reach out to the common public. According to the Karnataka RERA website, around 3,803 projects, 2,101 real estate agents and 3,775 complaints have been registered, till February 2020.

Tamil Nadu RERA

The Tamil Nadu RERA Rules were notified on June 22, 2017. TNRERA has jurisdiction over Tamil Nadu as well as Andaman and Nicobar Islands. Exclusion/inclusion of projects for registration depends on whether they lie within the Chennai Metropolitan Area (CMA) or outside the CMA, among other factors.

Haryana RERA

The Haryana Real Estate (Regulation and Development) Rules, 2017, came into force on July 28, 2017, while the Haryana RERA portal (www.haryanarera.gov.in) was launched on October 4, 2018. The RERA Haryana has separate jurisdiction in Panchkula and Gurugram.

Rajasthan RERA

The Rajasthan RERA Rules have been notified and the website was launched on June 1, 2017. The government of Rajasthan constituted the Rajasthan Real Estate Regulatory Authority (Raj RERA) on March 6, 2019, with Nihal Chand Goel as it chairman. For many real estate-related services, citizens can access the IGRS Rajasthan and epanjiyan Rajasthan websites

Delhi RERA

The official portal of RERA Delhi (https://rera.delhi.gov.in) was launched on June 24, 2019, by Lt Governor Anil Baijal. In November 2018, Delhi got a full-time real estate regulator under the RERA, with Lt Governor Anil Baijal appointing retired IAS officer Vijay S Madan to the post.

Telangana RERA

The Telangana government notified its RERA rules on July 31, 2017. The state’s rules will be called the Telangana State Real Estate (Regulation and Development) Rules, 2017. They are applicable to all real estate projects, whose building permissions are approved on or after January 1, 2017, by the competent authorities. A host of services are provided for homebuyers, developers as well as real estate agents. Also known as the TSRERA, the authority is looking at encouraging ease of doing business in the state. However, it is yet to appoint its permanent chief.

Andhra Pradesh RERA

The Andhra Pradesh government notified the Andhra Pradesh Real Estate (Regulation and Development) Rules on March 27, 2017. The Real Estate (Regulation and Development) Act came into force in AP from May 1, 2017. The government has also launched an online website, for registration of projects and agents and for filing of complaints under the AP RERA.

West Bengal RERA

The West Bengal Housing Industry Regulation Bill 2017 was passed by the state assembly, on August 16, 2017. Once notified by the West Bengal government, all housing projects above 500 sq metres or eight apartments, need to be registered with the state regulator, the Housing Industry Regulatory Authority (HIRA). The bill proposes to bring the HIRA in place, over the next 60 days. In the wake of West Bengal notifying its own real estate act, union housing and urban affairs minister Hardeep Singh Puri, on September 18, 2018, made it clear that there is no ambiguity when it comes to the implementation of the central law and states have to conform to it.

Gujarat RERA

The Gujarat government notified the general rules for Gujarat Real Estate (Regulation and Development) rules in May 2017 and ever since, the Gujarat RERA has been in force. One can visit the GujRERA website at www.gujrera.gujarat.gov.in

Punjab RERA

The Punjab government notified the Real Estate (Regulation and Development) Rules, 2017 on June 8, 2017. The Punjab RERA was established on August 10, 2017. Punjab’s Mohali has the largest number of RERA-registered projects so far.

Bihar RERA

The Bihar government came up with its own law and notified the Bihar Real Estate (Regulation and Development) Rules, 2017, on April 28, 2017. As of May 13, 2020, the Bihar RERA has 833 RERA approved projects.

Chhattisgarh RERA

Chhattisgarh was among the first states to implement the Real Estate (Regulation and Development) Act, 2016 (RERA), when it enforced the Chhattisgarh Real Estate (Regulation and Development) Rules, 2017, in November 2017. As of May 2020, the Chhattisgarh RERA had 1,124 RERA approved projects and 473 RERA approved agents. In a first, the real estate authority in Chhattisgarh, on May 12, 2020, started to hear cases through video-conferencing, in the wake of the Coronavirus pandemic.

Kerala RERA

After a long delay in notifying the rules, the Kerala Real Estate Regulation and Development Rules were notified in 2018. Previously, the Kerala RERA rules were repealed by the state government, as it seemed to favour the builder fraternity. However, the dedicated portal was re-launched in early 2020 and is now fully operational.

Odisha RERA

The state government had notified the ruses under the Real Estate (Regulation and Development) Act in February 2017 and set up the Odisha Real Estate Regulatory Authority (Odisha RERA) in October of the same year.

Madhya Pradesh RERA

One of the states in India, which has been very active in terms of implementing the rules and regulations of the Real Estate Act is Madhya Pradesh, which has over 2,640 registered projects and 244 projects for which the registration is under progress. There are as many as 1,897 promoters and 677 real estate agents registered with the Madhya Pradesh Real Estate Regulatory Authority (MP RERA), as of June 4, 2020.

Ladakh RERA

On October 8, 2020, Ladakh became the 34th state/union territory to notify its rules under the Real Estate (Regulation and Development) Act. Hailing the move, Durga Shanker Mishra, secretary, Ministry of Housing and Urban Affairs (MoHUA) said that the Ladakh RERA would open up new avenues for development of the UT and foster efficient and transparent transactions. The move will also ensure timely delivery of projects and quality of construction.

Jammu and Kashmir RERA

The union territory of Jammu & Kashmir notified the rules under the Real Estate (Regulation and Development) Act 2016 on August 1, 2020. It is the 33rd region to notify its rules. Authorities are hopeful that the Jammu and Kashmir RERA will usher in a new wave of development and transparency in the local real estate market.

 

Latest news about RERA

Over 1 lakh real estate projects, 78,000 agents Rera registered: Kaushal Kishore

Update on May 12, 2022

4th Meeting of the Central Advisory Council constituted under RERA convened

The 4th meeting of the Central Advisory Council (CAC) constituted under RERA under the Chairmanship of Minister of Housing & Urban Affairs was held on May 9, 2023.

During the meeting, various issues were discussed regarding the implementation of RERA, non-compliance of orders by regulatory authorities, safety of construction workers, legacy stalled projects, dilution of provisions of RERA and awareness campaign for RERA. Representatives of the associations of homebuyers and developers, Central and state government officials, senior officials of the RERA and Appellate Tribunals of various states/union territories attended the meeting.

Delhi-RERA, Naredco launch training course for real estate

Delhi RERA has partnered with Naredco, the apex body of realtors, to launch National Institute of Real Estate Development (NIRED) for capacity building of stakeholders in real estate, construction, and infrastructure sector. The forum aims to develop human resource capacity to enhance the quality and productivity of works in realty and infrastructure sectors. NIRED launched the First Management Development Program along with RICS India (Royal Institute of Chartered Surveyors).

Update on March 31, 2022

The Central Advisory Council (CAC), chaired by Housing and Urban Affairs Minister, Hardeep Singh Puri, will hold a meeting on April 12 to discuss various issues pertaining structural safety of real estate projects. There have been several incidents concerning structural safety in multistorey apartments. As per RERA, the promoters are responsible for rectifying structural defects highlighted within a period of 5 years from the date of possession. Some provisions under the RERA act related to structural safety will be considered to ensure further safety in high-rise buildings and prevent loss of life and property.

The meeting will also focus on forming a committee for the resolution of legacy stalled projects and the issue of some states modifying the RERA provisions, when setting rules under the RERA act by exempting the registration of ongoing projects. Further, the CAC will consider measures such as physical inspection of projects during construction and structural audit by reputed institutes on regular intervals.

See also: Goa RERA

 

Competency of RERA over IBC

The IBC laws have witnessed several loopholes and confusions in the real estate sector. There have been several policy changes to suit the needs of the homebuyers but the IBC has caused unnecessary delays in solving the issues of the homebuyers. Thus, under the IBC laws, the grievances of the homebuyers were neither solved completely, nor in time. At such a juncture, the RERA has proven to be more efficient and beneficial in protecting the rights of the individuals. However, there still needs to be a balance between the rights and interests of the homebuyers under RERA and the interests of the creditors under IBC.

 

FAQ

What is RERA Act?

The Real Estate (Regulation and Development) Act, 2016 (RERA) is an Act passed by the Indian Parliament to protect the interests of home buyers and also boost investments in the real estate sector.

How to file complaint in RERA?

A complaint under the RERA, is required to be in the form prescribed under the respective states’ rules. The complaint can be filed with respect to a project registered under RERA, within the prescribed time limit, for violation or contravention of provisions of the act or the rules or regulations framed under RERA.

How to check RERA registration number?

Buyers can check the RERA registration number from the respective states’ portal. Every web portal has a list of registered projects along with RERA registration number, approvals and other documents.

What is RERA approval?

Usually, RERA approved means RERA registered. There are few guidelines that every builder has to follow to register its project with the authority. This includes approvals, land titles, insurance etc.

How to calculate RERA carpet area?

According to the RERA, carpet area is defined as ‘the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.

How RERA will help buyers?

RERA protects the interest of homebuyers and investors by making the real estate market organized and transparent. Almost 70 per cent of the total real estate projects in the country are covered under RERA jurisdiction.

How to apply for RERA registration

Property agents and builders can apply for RERA registration on respective states’ RERA portals under individual’s name or entity’s name. All requisite documents have to be submitted to the authority for getting registered.

What happens if the builder does not follow the RERA order?

If the developer does not comply with the RERA order and fails to enforce the order passed by the regulatory authority in favor of the homebuyer, the homebuyer has the right to file an application for the execution of the order against the developer with the same RERA Authority.

 

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