Real Estate Regulation Act RERA

Real Estate Regulation Act (RERA) India | Rules, Benefits, Registration & Compliance Guide

The Real Estate Regulation Act (RERA) is a landmark Indian law passed in 2016 to regulate the real estate sector, increase transparency, and protect homebuyers from fraud and delays. Before RERA, buyers often faced issues like delayed project possession, misleading advertisements, wrong area measurements, and lack of legal accountability. With the implementation of the Real Estate Regulation Act, the Indian real estate industry became more organized, accountable, and consumer-focused.

If you’re a homebuyer, real estate agent, developer, or investor, understanding the Real Estate Regulation Act is essential for safe property transactions and compliance.

What Is the Real Estate Regulation Act?

The Real Estate Regulation Act (RERA) is a central law enforced by the Government of India to regulate real estate projects and ensure fairness between buyers and developers. It mandates project registration, timely delivery, financial accountability, dispute resolution, and transparency in real estate dealings.

The act applies to:

  • Residential real estate projects
  • Commercial real estate projects
  • Real estate agents and property sellers

Objectives of the Real Estate Regulation Act

The primary goals of the Real Estate Regulation Act include:

ObjectivePurpose
Protect homebuyersPrevent fraud and ensure timely possession
Increase transparencyMandatory project disclosure and approvals
Regulate builders and agentsEnsure professionalism and accountability
Promote fair transactionsStandard rules for sale, area, and agreements
Establish dispute resolutionFast legal remedy through RERA tribunal

Features of the Real Estate Regulation Act (RERA)

Here are the most important provisions every buyer and developer must know:

1. Mandatory RERA Registration

All real estate projects exceeding 500 sq. m. or with more than 8 housing units must register with the state’s RERA authority before advertising or selling.

Penalties for selling without registration:
❌ ₹10 lakh fine or up to 3 years imprisonment

2. 70% of Funds Must Be Kept in Escrow Account

Builders must deposit 70% of the project funds into a dedicated bank account, ensuring:

  • No diversion of funds to other projects
  • Faster and safer completion
  • Financial transparency

3. Carpet Area Standardization

Before RERA, builders used super built-up area to inflate prices.
Under RERA, pricing must be based on carpet area only.

Carpet Area Meaning:
🟢 Area inside walls — usable floor space
❌ No lobby, lift, garden, or common areas included

4. Timely Construction and Possession

If a project is delayed beyond promised timelines, the buyer may:

  • Claim full refund + interest
  • Stay invested and receive compensation

5. Legal Accountability and Penalties

Builders, brokers, or agencies violating rules face:

Violation TypePenalty
Advertising unregistered projectUp to ₹10 lakhs
Non-compliance with RERA ordersUp to 3 years imprisonment
Misleading informationHeavy fine + license cancellation

6. Strong Dispute Resolution Mechanism

Disputes are handled by:

  • RERA Authority
  • RERA Appellate Tribunal

Most cases resolve within 60–120 days, making real estate dispute settlement faster than courts.

Rights of Homebuyers Under the Real Estate Regulation Act

Buyer RightExplanation
Right to project detailsLayout, approvals, builder history, RERA certificate
Right to timely possessionLegal protection against delays
Right to refund/compensationIf builder cancels or delays
Right to legal remedyQuick dispute resolution through tribunal
Right to standard agreementNo hidden clauses allowed

Responsibilities of Builders and Developers

Under RERA, developers must:

  • Provide accurate project timelines
  • Update construction progress quarterly
  • Use sanctioned plans only
  • Correct defects found within 5 years of possession (defect liability clause)

Rules for Real Estate Agents Under RERA

Real estate brokers must:

  • Apply for RERA agent registration
  • Follow ethical sale practices
  • Avoid misrepresentation
  • Renew license periodically

Unregistered agents cannot legally sell any RERA-registered property.

How to Check RERA Registration Online? (Step-by-Step)

  1. Visit the respective State RERA website
  2. Choose “Project Registration”
  3. Search by:
    1. Builder name
    1. Project name
    1. RERA registration number
  4. Verify:
    1. Approvals
    1. Timeline
    1. Compliance updates

✔ This helps avoid fraudulent or illegal real estate projects.

Benefits of the Real Estate Regulation Act

BeneficiaryBenefits
HomebuyersSecurity, transparency, legal protection
DevelopersCredibility, faster sales, regulated ecosystem
GovernmentOrganized real estate sector

Effects of RERA on the Indian Property Market

The implementation of the Real Estate Regulation Act has resulted in:

  • 🔹 Rise in buyer confidence
  • 🔹 Elimination of fraudulent projects
  • 🔹 Faster project completion rates
  • 🔹 Increased investment transparency
  • 🔹 Growth in organized housing market

States With Strong RERA Compliance

Some of the leading states in RERA enforcement include:

  • Maharashtra (MahaRERA)
  • Uttar Pradesh (UP-RERA)
  • Karnataka (KRERA)
  • Gujarat (GUJRERA)
  • Telangana RERA
  • Rajasthan RERA
  • Haryana RERA (HRERA)

(Maharashtra has the highest number of registered projects and agents.)

Latest Updates to the Real Estate Regulation Act

  • Digital project tracking via dashboards
  • Mandatory quarterly updates
  • Penalty enforcement against non-compliant developers
  • Increasing adoption for commercial real estate

Conclusion

The Real Estate Regulation Act has transformed the Indian real estate landscape by improving transparency, regulating transactions, and protecting homebuyers. Whether you’re purchasing property, investing, or working as a real estate agent, compliance with RERA is essential to avoid legal risks and ensure secure transactions.

FAQs About the Real Estate Regulation Act

1. What Does RERA Mean and Why Was It Established?

RERA is a regulatory law introduced to protect buyers and regulate the real estate sector.

2. Is RERA registration mandatory for all projects?

Yes — if a project is over 500 sq. m. or has more than 8 units.

3. What happens if a builder delays possession?

Buyers can claim a refund with interest or compensation.

4. How do I verify if a project is RERA-approved?

Check the project specifics on the respective state RERA website.

5. Can a buyer file a complaint under RERA?

Yes — complaints can be submitted online on the state’s portal.

6. What is the difference between carpet area and super built-up area?

Carpet area is usable area inside walls; super built-up includes common spaces.

7. Can a real estate agent operate without RERA registration?

No — it is illegal and penalized.

8. Do commercial properties come under RERA?

Yes — commercial and residential projects are covered.

9. Is GST included under RERA rules?

Yes — taxation transparency is part of buyer rights.

10. How long is the RERA registration valid?

It remains valid until the project completion timeline submitted during registration.

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