Real Estate (Regulation and Development) Act in India

by Godrej Properties Limited



Foreword of RERA

The Real Estate (Regulation and Development) Act, popularly known as RERA, is a landmark legislation enacted by the Government of India to regulate and promote transparency in the real estate sector. RERA aims to protect the interests of homebuyers, ensure the timely completion of projects, and establish a fair and accountable environment for all stakeholders. In this article, we will provide you with a comprehensive understanding of RERA and its significance in the Indian real estate industry.

Real Estate Regulation and Development Act in India

RERA Act and Rules

The Real Estate (Regulation and Development) Act (RERA Act 2016) is a landmark legislation in the Indian real estate sector aimed at bringing transparency, accountability, and efficiency to the industry. Here's an overview of its key aspects:

  • State-Level Implementation

Individual states and Union Territories implement RERA through their respective Real Estate Regulatory Authorities. Each state has its own set of rules and regulations to govern real estate transactions.

  • Mandatory Project Registration

Under RERA, all real estate projects with a minimum specified area must be registered with the state's regulatory authority. Registration involves providing project details, approvals, timelines, and financial information. This registration ensures that the project adheres to RERA guidelines.

  • Transparency

Developers are required to provide comprehensive project information on the RERA website. It includes project layout, approvals, timeline, and details of the developer. Buyers can access this information, promoting transparency.

  • Advance Deposits

Developers must deposit a portion of the project funds into a separate escrow account. This ensures that funds are used only for the registered project's construction and completion, reducing the diversion risk.

  • Project Delays

RERA registration mandates that developers provide accurate project completion timelines. If there are delays, developers must compensate buyers for the time extension.

  • Title of Property

Developers must have legal title to the land on which the project is developed. IT prevents disputes related to property ownership.

  • Defects Liability

Developers are responsible for addressing any structural defects in the project within a specified timeframe after possession is handed over.

Impact of the RERA Act

Since its implementation, the RERA Act has had a profound impact on the Indian real estate sector:

  • Reduced Unethical Practices: Dishonest developers have been deterred by the stringent rules and regulations, resulting in a cleaner and more transparent real estate market.
  • Increased Investor Confidence: Buyers and investors have greater confidence in the real estate sector, leading to increased investments in RERA-compliant projects. They can now check RERA project details and invest with confidence.
  • Enhanced Project Quality: Developers are compelled to focus on timely project completion and quality construction to avoid penalties and maintain their reputation.
  • Structured Growth: RERA has encouraged structured and responsible growth in the real estate sector, benefitting developers and buyers.

Key Aspects of RERA in India

1. Objectives for RERA

The key objectives of RERA include:

  • Establishing a regulatory authority to oversee the real estate sector.
  • Ensuring transparency and accountability in real estate transactions.
  • Protecting the interests of homebuyers by imposing strict regulations
  • Promoting fair practices and ethical conduct in the real estate industry.
  • Facilitating timely completion of real estate projects.

2. Applicability of RERA

RERA applies to both residential and commercial real estate projects. It covers projects that meet certain criteria, such as land area, number of units, and project size. Promoters or developers of qualifying projects are required to register with the respective state's Real Estate Regulatory Authority (RERA) before commencing any marketing.

3. Key Provisions of RERA

Some of the key provisions include:

  • Compulsory registration of projects with RERA before advertising, marketing, or selling.
  • Mandatory disclosure of project details, including layout plans, timelines, approvals, and financial statements.
  • Depositing a specified percentage of project funds into a separate escrow account to ensure timely completion.
  • Prohibition of the sale of units based on ambiguous or incomplete plans and specifications.
  • Establishment of an appellate tribunal to address disputes and grievances.

4. Benefits of RERA for Homebuyers

RERA brings several benefits to homebuyers in India. It provides greater transparency by ensuring that developers disclose accurate and reliable information about their projects. Homebuyers can have access to detailed project plans, timelines, and financial statements. RERA also introduces measures to address delays in project completion, thereby protecting homebuyers from long waiting periods. 

5. Role of RERA Authorities

Each state in India has its own RERA authority responsible for the implementation and enforcement of RERA provisions. The RERA authority acts as a regulatory body, ensuring compliance with the law, resolving disputes, and imposing penalties for non-compliance. 

Final Words

The Real Estate (Regulation and Development) Act (RERA) has brought significant reforms to the Indian real estate sector. By promoting transparency, accountability, and fair practices, RERA aims to protect the interests of homebuyers and establish a more regulated and trustworthy real estate market. Understanding the key provisions and benefits of RERA is essential for all stakeholders involved in real estate transactions. 

 Frequently asked questions

1. Is RERA applicable to all states in India?

Ans. Yes, RERA applies to all states and union territories .

2. Can RERA help in addressing project delays and ensuring timely completion?

Ans. Yes, RERA aims to address project delays by mandating that developers deposit a percentage of project funds into an escrow account. 

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