What Is RERA, and How Does It Impact Homebuyers in India?
Introduction
Buying a home is one of the
biggest financial decisions for most Indians. However, the real estate sector
in India has long been plagued by delays in project completion, a lack of
transparency, and unfair practices by developers. To address these issues
and protect homebuyers, the government introduced the Real Estate
(Regulation and Development) Act, 2016 (RERA).
Each state and union territory in
India has its own Real Estate Regulatory Authority (RERA) to oversee
real estate transactions and ensure that developers adhere to the legal
framework.
RERA was designed to bring
accountability, transparency, and efficiency to the real estate industry. It
ensures that developers complete projects on time, adhere to promised
specifications, and protect buyers from fraud. But how exactly does RERA
benefit homebuyers? In this article, we will break down what RERA is, its key
provisions, and how it impacts homebuyers in India.
Key Features of RERA
RERA incorporates several
provisions that make real estate transactions more structured, transparent,
and buyer-friendly. Some of its key features include:
1. Mandatory Registration of
Projects
- Developers cannot advertise, sell, or market any real estate project without registering it under RERA.
- Registration applies to all residential and commercial projects exceeding 500 square meters or having more than eight apartments.
- Homebuyers can verify project registration on the state
RERA website before making a purchase.
2. Transparency in Project
Details
- Developers must disclose complete project details, including:
- Layout plans and design approvals.
- Carpet area specifications.
- Construction timelines and expected completion dates.
- Financial and legal status of the project.
- This information is accessible on the official
RERA website, ensuring that buyers make informed decisions.
3. Standardization of Carpet
Area Calculation
- Before RERA, builders often charged buyers based on the super built-up area, including common spaces like lobbies and corridors.
- Under RERA, developers can only charge based on the carpet area, i.e., the actual usable space within the walls of the property.
- This eliminates misleading calculations and
inflated pricing.
4. Financial Discipline for
Developers
- To prevent fund diversion to other projects, RERA mandates that developers:
- Deposit 70% of buyer payments into a dedicated escrow account.
- Use these funds exclusively for construction and land-related expenses.
- This ensures that the project progresses as per
schedule, reducing delays and financial mismanagement.
5. Timely Project Completion
& Compensation for Delays
- Delayed possession has been one of the biggest concerns for homebuyers in India.
- RERA ensures that developers adhere to the promised delivery timelines.
- If a project is delayed, the developer must:
- Pay compensation with interest to the homebuyer.
- Offer the option to withdraw from the project and
receive a full refund with interest.
6. Buyer’s Right to Withdrawal
and Refund
- If a developer fails to deliver on commitments or violates RERA provisions, homebuyers have the right to:
- Withdraw from the project and claim a full refund.
- Seek compensation for financial losses.
- This protects homebuyers from fraudulent schemes
and incomplete projects.
7. Five-Year Defect Liability
Period
- If a homebuyer notices structural defects, poor-quality construction, or design flaws within five years of possession, the builder is legally required to fix them at no extra cost.
- Repairs must be completed within 30 days of
the complaint.
8. Grievance Redressal &
Faster Dispute Resolution
- RERA has established Real Estate Regulatory Authorities (RERAs) and Appellate Tribunals in every state to handle disputes.
- Homebuyers can file complaints online if a developer violates RERA rules.
- All disputes must be resolved within 60 days,
ensuring faster legal action.
9. Stricter Penalties for
Non-Compliance
- If a developer or real estate agent violates RERA regulations, they face strict penalties, including:
- Fines up to 10% of project cost.
- Imprisonment of up to 3 years for severe violations.
- Project de-registration, preventing further sales.
- This ensures greater accountability in the real
estate sector.
How RERA Impacts Homebuyers in
India
1. Increased Trust in the Real
Estate Sector
RERA has significantly improved transparency
and accountability in property transactions. Buyers now have access to verified
project details, reducing the risk of fraud.
2. Protection Against Project
Delays
With strict deadlines and
penalties for delays, homebuyers can expect timely possession or
compensation for any delays.
3. Standardized Pricing
Since developers can only
charge based on carpet area, buyers no longer pay for unusable spaces
like balconies or shared corridors.
4. Easier Dispute Resolution
- Before RERA, homebuyers had to go through lengthy court battles to settle disputes.
- Now, disputes are resolved within 60 days
through the state RERA authorities.
5. More Reliable Real Estate
Agents
Since brokers and real estate
agents must also be RERA-registered, homebuyers can trust certified
professionals when purchasing property.
Challenges & Limitations
of RERA
Despite its benefits, RERA faces certain
challenges:
Varied Implementation Across States – Each state has its own RERA rules, leading to inconsistencies.
Lack of Awareness Among Homebuyers – Many buyers do not know how to check RERA registration or file complaints.
Enforcement Issues – While RERA provides strict penalties, some states have been slow to act against non-compliant developers.
Delays in Dispute Resolution –
Although RERA mandates resolution within 60 days, some cases take longer due to
backlogs.
To fully realize RERA’s
potential, better enforcement, increased buyer awareness, and stricter
penalties for violations are needed.
Conclusion
RERA has transformed the
Indian real estate market, making it more transparent, accountable, and
buyer-friendly. With clear regulations for developers, strict project
deadlines, and financial safeguards, homebuyers now have greater
confidence in property investments.
Before purchasing any property,
buyers should always check the project’s RERA registration on their
state’s RERA website. With stronger consumer rights, standardized pricing,
and faster dispute resolution, RERA ensures that buying a home in India is safer,
more transparent, and legally protected.
FAQs
1. How can I check if a
project is RERA-registered?
You can visit your state’s
official RERA website and search for the project using the developer’s name
or project ID.
2. Does RERA apply to ongoing
projects?
Yes, RERA applies to all ongoing
projects that did not receive a completion certificate before May 2017.
3. Can homebuyers file
complaints under RERA?
Yes, homebuyers can file
complaints online through the respective state RERA authority’s website.
4. What happens if a developer
violates RERA rules?
Developers face heavy fines,
project cancellation, and even imprisonment for serious violations.
5. Does RERA apply to all real
estate projects?
RERA applies to projects covering
more than 500 square meters of land or having 8+ apartments. Smaller
projects may be exempt.
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