RERA ACT 2016: Real Estate Regulatory Authority(RERA), RERA Rules

RERA

Real Estate Regulatory Authority, well known by the name of RERA came into corporeality under the RERA Act 2016 (Real Estate Regulation & Development Act).

The RERA Act was put forward with the central aim of protecting property buyers from lopsided and at the same time boosting up the real estate transactions.

The official bill associated with the Act was passed by the Rajya Sabha in 2016 on 10th March. Although it came into effect from 1st May 2016. Initially, the bill embraced 52 sections followed by the introduction of 92 sections under the RERA Act.

The rest of the sections came into the workforce from the next financial year in May 2017. RERA is a new domain and for better understanding, you have a lot to explore.

In this well-curated guide, we have covered every minute detail that orients around the Real Estate Act 2016 including the RERA meaning, RERA agent registration, benefits of RERA, RERA no, RERA rules for maintenance charges, RERA official website, and much more. Keep scrolling to know everything about the RERA Act, 2016.

Recent Updates under RERA Act in 2021

Maharashtra RERA Authorities have Updated the Rules Under MahaRERA

As per the latest MahaRERA update made on 16 August 2021, the conversion of agricultural land into non-agricultural land is permissible. The agricultural land would be applicable for non-agricultural use only if it falls outside the urban area and no infrastructure has been offered yet. However, the land must be registered with RERA. The permission for the establishment of the project will be offered only if the developer submits an authentic record signed by the tehsildar. It consists of the facts that all the conditions have been met and it will help in accessing the “Completion Certification” at later stages.

The RERA Authority took Real Estate Developer’s Demand into consideration

Lately, on 31st May 2021, the Housing Secretary of India gave words about the demands put forward by the real estate developers. The demands focus on the extension of project completion deadlines. Pandemic outbreak acted as a dent in the ongoing projects by interrupting their development. Thus, the developers have demanded an extension of 6 to 9 months for the completion of ongoing projects.  

Government to Approve Model Tenancy Act by March 2021

As per the 19 January, 2021 RERA update, the Model Tenancy Act has reached the final stages of approval. The template has been shared with the government officials and advance discussions have been going on about the final approval. Durga Shanker Mishra, the secretary of housing and urban affairs, has mentioned that the Act will be passed by March 2021. The officials took into consideration all the reviews received by the concerned consultants and the Act has already been translated into all Indian languages. These languages include Telugu, Tamil, Assamese, Malayalam, Gujarati, Punjabi, and many other languages. 

Real Estate (Regulation and Development) Act, 2016

Real Estate Regulation and Development Act 2016 or RERA Act 2016envisages that within 6 months of the time frame from inception, the State Governments have to levy a specific set of rules  to put forward the RERA Act provisions. 

  • The Central Government released the applicable rules under the Real Estate Act 2016, through HUPA on 31st October 2016. The Housing  & Urban Poverty Alleviation Ministry did this to centralize the real estate transactions and property registrations. 
  • All Union Territories have to follow the guidelines including Chandigarh, Lakshadweep, Daman & Diu, Dadra & Nagar Haveli as well as Andaman & Nicobar Islands.

Why is Real Estate Regulation and Development (RERA) Important?

RERA offers an array of benefits to agents, promoters, and homebuyers. It somehow turned the table by offering immense distinct benefits to the real estate domain. If you are looking for Why is RERA important then here are the foremost reasons to justify its importance: 

Security

As per the Real Estate Regulation and Development Act 2016, a notable amount that is 70 percent from the buyer as well as the investors will be held back within a discrete account. Further this amount is granted to the builders for specific purposes such as construction or other costs associated with land. Regardless of your position i.e., developer or constructor, you are permitted to access at max 10 percent of the mortgage cost in terms of advance payment. This amount is sanctioned prior to signing the final agreement. 

Transparency

Constructors are obliged to capitulate all original documents associated with the undertaken projects. However, the builders aren’t allowed to make any sort of changes within the agreed plans especially without the buyer’s consent.

Unbiasedness

RERA have enlightened the developers with the fact that they have to sell all properties thoroughly drew on the carpet area. Considering the property’s super built-up area is outdated, If the RERA approved project somehow gets delayed, the buyers are accredited to ask for the entire paid amount that was initially invested in the property. The buyer is entitled to get their investment back in terms of monthly investments. 

Quality

The constructor has to mandatorily rectify any sort of issue that the buyer faces within five years of the property purchase. Additionally, the builder has to rectify the issue in a limited time frame that is 30 days counting from the day when the complaint was made. 

Authorisation

A regulator isn’t allowed to advertise, construct, sell, or even book any plot without actually getting registered with the RERA regulator. After registering yourself as a regulator, every advertisement made for specific investments will be allotted with a unique number. It will be distinct for every project and will be generated by RERA.

List of States that have Enforced the RERA Act

The Real Estate Regulatory Authority (RERA) Act was introduced in India in 2016 to standardise the real estate sector and bring transparency to the industry. It is a Central Act and applies to the whole of India.

Under this Act, each state has been mandated to set up its own RERA authority to regulate and promote the real estate sector in the respective state.

RERA authorities in these below-mentioned states have been set up to regulate the real estate sector, protect the interests of home buyers, ensure the timely completion of projects, and provide a platform for dispute resolution. All developers are required to register their projects with the respective RERA authority before launching the projects for sale. 

Let us have a look at all the states which have adhered to the RERA Act in their implementations: 

Name of the State Date of Implementation
Himachal Pradesh Sept 28, 2017
Telangana Aug 4, 2017
Haryana Jul 28, 2017
Chhattisgarh Apr 26, 2017
Punjab Jun 8, 2017
Karnataka Jul 10, 2017
Tamil Nadu Jun 22, 2017
Uttarakhand Apr 28, 2017
Jharkhand May 18, 2017
Rajasthan May 1, 2017
Bihar May 1, 2017
Odisha Feb 25, 2017
Andhra Pradesh Mar 28, 2017
Maharashtra Apr 19, 2017
Delhi Nov 24, 2016
Madhya Pradesh Oct 22, 2016
Daman & Diu Oct 31, 2016
Lakshadweep Oct 31, 2016
Andaman & Nicobar Islands Oct 31, 2016
Dadra & Nagar Haveli Oct 31, 2016
Chandigarh Oct 31, 2016
Uttar Pradesh Oct 11, 2016
Gujarat Oct 20, 2016

States and Union Territories with Active RERA Websites

The Real Estate (Regulation and Development) Act, 2016 (RERA) was introduced to bring in transparency and accountability in the real estate sector of India. RERA ensures that all stakeholders in the real estate sector are protected and that the interests of the buyers are safeguarded. 

The RERA website is the official portal of the respective state or union territory that provides information about the rules, regulations and procedures related to real estate development projects. This section discusses the states and union territories of India that have active RERA websites. 

It is important for stakeholders and buyers to know the rules and regulations governing real estate in their state or union territory before investing in any project. The article also provides links to the official RERA websites of the states and union territories.

Types of Project That Fall under RERA Act 2016

RERA counterbalance, numerous projects under RERA Act 2016. As a real estate buyer, seller or even broker you must be familiar with the different projects that fall under RERA. 

  • Commercial projects in addition to residential projects inclusive plot development.
  • Projects having  built-up area above 500 square meters/ 8 units.
  • Projects with absence of Completion Certificate, i.e., projects that started before the RERA Act commenced. 
  • The project with the sole aim of renovation, reconstruction, and repair. Such projects don’t require any sort of re-allotment, advertising along with marketing, and allotment tasks. These projects don’t fall under RERA. 
  • Every phase must serve as a sole real estate project and  require fresh registration as per RERA guidelines. 

Salient Features of Real Estate Act

RERA was initially established with the aim of enhancing the overall accountability and crystal-clear transparency of all housing transactions along with real estate transactions. Here is a rundown to numerous salient features of this distinct Real Estate Regulation Act:

  • Setting up a Real Estate Regulatory Authority across each state for monitoring, adjudicating and arbitrating disputes that orients around real estate projects of the concerned locale. 
  • Setting up an accelerated contrivance to settle indulged disputes. All such tasks are carried out through a quasi-judicial and dedicated official.
  • Every single real estate project or RERA approved project has to be imperatively registered under RERA. It is essential that the regulatory body can have jurisdiction on the established projects. The enrolment of specific projects might get rejected by the officials if the seller has not adhered to the imposed guidelines.
  • In the event of a promoter willing to transfer majority of the rights as well as property related liabilities to any third party, he will have to submit a written consent. That written consent must be approved by two-thirds people from the allottees. Additionally, you will have to avail a written approval for the same from RERA.
  • If the buyer or promoter creates any default, both of them will be liable to pay a penalty amount with an equal interest rate.
  • In case the buyer faces any loss because of the promoter which results in laying claim then the promoter is liable to pay compensation to the buyer. This usually happens in case of defective land titles. No matter if the property is under construction or already built up the buyer gets the compensation.  As per the updated guidelines no limits for the same have been mentioned. 
  • If an individual encounters any violation related issues under this Act specifically by a promoter/buyer/agent, then the individual is allowed to file a complaint through RERA.
  • Through an ongoing enquiry, the RERA officials have the power to restrict the promoter from performing any set of activity directly related to the raised complaint. 
  • In case an individual finds the final decision taken by RERA for a notable complaint dissatisfied, then he can appeal for reconsideration prior to the final Appellate Tribunal.
  • In the event of failure to follow up with the RERA orders, the promoter is liable to pay a specific amount in terms of penalty. The penalty can go at max upto 5 percent on the property’s evaluated cost. 
  • If the buyer, seller and even promotes doesn’t comply with the Appellate Tribunal’s orders, the involved will have to bear the imposed penalty. In this case, either they will have to face three years of imprisonment or pay huge fine upto 10% of the property cost.  
  • When an enterprise commits a serious offence under the RERA Act, then the responsible person who committed the offence will be punished. Civil courts don’t have any jurisdiction on the matters which revolve around RERA and the Appellate Tribunal’s jurisdiction. 

Market Situation After One Year of RERA Implementation

  • The overall rate of launched projects somehow decreased as the focused turned-on execution of genuine projects. 
  • Developers eventually tried to hold fast and stick to the compliances, for avoiding litigation.
  • Delivery timelines were relaxed specifically for the existing projects. Thus, the developers got an escape window to meet tight guidelines.
  • The real estate market is expecting a landmark judgement. It will result in setting up a new precedent.

Benefits of RERA

RERA offers an array of benefits for all i.e., buyer, promoter along with the real estate agent. These benefits are:

Standardisation of the carpet area

In earlier times there was no set parameter to calculate the property price. Builders used to set the cost of the property as per their own terms. However, with the existence of RERA, the builders have got a standard parameter in terms of formula to compute the carpet area. Through this standardization, the promoters were restricted from offering inflated carpet areas for increasing the overall prices.

Reduced Risk of Insolvency

Earlier the promoters and builders used to work on multiple projects at the same time. Additionally, developers had the authority to move and utilize the funds of one project into another. But after the introduction of RERA, 70 percent of the funds of the property were deposited within different accounts. To withdraw these funds the developer has to get certification from an engineer, an architect along with a CA.

Advance payment

As per the RERA rules, a constructor is restricted to draw only 10 percent of the project cost.  It is considered as an application fee for the project. This initiative safeguards the buyer from making huge upfront payments. 

In case of title defect

In possession time, if the buyer uncovers any property title defect, the buyer is authorized to claim compensation from the seller and the promoter. This amount is not limited yet. 

Grievance Redressal

If the involved parties have any complaint regarding the ongoing projects, then they are free to get in touch with RERA officials to file a complaint. If still you don’t get a satisfactory decision, contact the Appellate Tribunal to file another complaint.

Benefits of RERA as per various Categories:

Industry

Developer

Buyer

Agents

· Regime and transparency

· Enhanced Project efficiency and quick project delivery

· Standardization and improved project quality

· Enhance confidence of the buyers to invest

· Attracts more  investments

· Regulated and systematic Environment

· Common yet effective practices    

· Improved efficiency

· Consolidation of real estate sector

· Corporate branding

· Increased investment

· Increased funding 

· Safeguarding of  buyers 

· Quality projects and on time delivery

· Balanced agreements 

· Transparency in terms of sales and carpet area

· Security of money and transparent money utilisation

· Consolidation of real estate sector because of mandatory  registration

· Elevated transparency

· Improved efficiency

· Minimum litigation

Buyers Rights Under the RERA Act

Buyers’ rights under the RERA Act can be classified into two categories. One is when home buyers detect any sort of defect within the purchased property and second when the builder makes false promises about the property and fails to deliver the same. 

Buyer’s right in case of defects

If the buyer notices any sort of structural defects within five years of property possession, then the constructor is supposed to rectify the damage. It has to be done within 30 days and the buyer doesn’t have to bear any cost.

Buyer’s rights for false promises

If the promised terms don’t match the provided terms, then the buyer can ask for the refund of the advance paid. This refund must be made in full. In certain circumstances, the builder might have to pay the interest component too.  

RERA as a Protection of Homebuyers

Long drawn out, home buyers persistently grievance that transactions of real estate domain were lopsided. Into the bargain the real estate transactions were always in the benevolence of the developers.

RERA, in addition to other government real estate model codes, have a central agenda to access equitable and unbiased transactions amongst the property seller and buyer. The main focus area was the primary real estate market.

The expectations from RERA are quite high and the plan is to make the purchase in the real estate industry simple and effortless. It will be retrieved through accountability and transaction transparency. The developers and brokers aren’t permitted to dilute the depicted provisions of the central act. 

The RERA has emerged as the very first regulatory body for the real estate industry. The Real Estate Regulation Act ensures that the state and union territory are inescapable from the fact that they can’t have their own regulators.

Nevertheless, it is not permissible to frame own state rules for governing the overall functionalities of the regulator. The best part is it offers homebuyers top-notch protection against property defects and fake promises. They get the power to file a complaint in case of frauds and fake promises against the developer and promoters. 

Impact of RERA Act 2016

After the establishment of the Act, the sale deed registration of a RERA approved project can’t be put forward through the sub-registrar office. Initially you have to get Occupancy Certificates also called Completion RERA Certificates. Before its existence, these registrations used to take place without any cross checks.

It used to occur without Occupancy Certificates. No one was actually worried about the infused legal consequences. Even after the RERA Act implications, people aren’t restricting their inappropriate sale deed registrations. Here are certain impacts of the Real Estate Regulation and Development Act 2016:

  • Decreased number of launched projects as the involved parties will be more indulged in understanding the impact of the Regulation and Development Act. However, the genuine promoters will get huge benefits from this Act as they won’t have to face unbiased competition. 
  • Unauthentic builders will diminish because they will eventually fail to cope with the new RERA guidelines and won’t be able to sustain within the real estate market.
  • The thirty-two sections added within the Act aim to encourage the overall financial discipline of the real estate sector.
  • After the implementation of the RERA Act, the developers became bound to follow listed formalities to make any sort of change in the existing project. It may result in a short-term chaos, but the overall significance will be bet-fit for long run. It will help to generate buyers’ interest to invest more in the real estate domain. 

Impact of RERA on real estate industry

  • Initial backlog
  • Increased cost of the projects
  • Restricted liquidity
  • Rise in capital cost 
  • Consolidation
  • Enhanced project launch time

Well, abundant work is yet to be done to register all the unregistered projects along with the newly established projects. Minute details about the current status of the projects established in the previous five years are covered. Additionally, it includes the promoter details along with the detailed plan execution. Moreover, RERA sets the best possible groundwork to fast trace the dispute resolutions and get expected success.  

Carpet Area Defined Under RERA Act

The Real Estate Regulatory Authority has made it mandatory for the developers to sell apartments based upon a specified parameter, that is, carpet area.

  • As per the Real Estate Regulation and Development Act 2016, the carpet area is defined as the total floor area that is usable and is enclosed within the apartment walls. It doesn’t cover areas such as open terraces, and balconies.  
  • Such normalization makes sure that the buyers don’t get trapped in the mesmerising deals of unlawful promoters. 

Because of the high loading factor, the area for sale easily gets inflated by the constructor or builder. With the existence of the RERA Act, the buyers get a reduced per square feet rate on the purchased inflated area. People used to consider the overall area as their residence one and found the deals best as per the offered rates. Later they felt they were being cheated. Such deals can be highly misleading and somehow extinct with the introduction of carpet areas as a standard. 

With carpet area as per RERA guidelines as a standard, the buyers now get certainty about the usable area of the apartment. Furthermore, it helps in the evaluation of per sq. ft. cost. The buyer can easily compare two projects to determine which one has a larger carpet area at a better deal. 

How to Ensure that the Property is RERA Compliant?

There are certain things which help to determine whether the property is RERA compliant or not. Being a buyer, it is vital to know about the property compliance in advance.  Consider the depicted points to determine the RERA compliance of the property: 

  • If the overall property area is above 500 sq. mt., then the developers must register the property under the Real Estate Regulatory Authority Act before finalising the launch and advertisement of the real estate project.  
  • Developers are liable to submit proof associated with the 70 percent deposited amount. This amount must be submitted in a separate account and is restricted for use in terms of an investment for other projects.
  • Builders get crucial consents prior to advertising a brand-new real estate project. The eye-catching discounts offered to the early applicants together with the pre-launch offers exist no more. 

Penalties Under RERA

For Buyers

Offence Penalty
Non-compliance with Real Estate Regulatory Authority The seller is liable to pay penalty which is usually 5% of the project cost  
Non-compliance with – Appellate Tribunal Up to one year of imprisonment or penalty that is 10% of the project cost or both are applicable in certain case

For Promoters

Offence Penalty
Non-registration 10 percent of project cost as penalty 
Providing false information Percent of project cost as penalty 
Violation of laws Three years’ of imprisonment/ 10 percent of property cost as penalty , or even both for specific case scenarios 

For Agents

Offence Penalty
Non-registration of real estate projects INR 10,000 on daily basis to 5 percent of the project cost
Non-compliance- RERA Daily penalty which can raise to 5 percent of the project value
Non-compliance – Appellate Tribunal One year of imprisonment/ 10 percent of the project cost as penalty and both in certain cases

Applicable penalties under RERA

Apart from the aforementioned ones, the RERA Act imposes certain penalties based upon the sections. Here we will go through specific offences on which penalties are levied. 

Offence Applicable Section Imposed Penalties
 

 

 

 

Violation of terms and conditions for which the property registration was availed

 

If the developer secured registration through  detail misrepresentation 

 

Section 9 (7) Agent’s registration number is cancelled in such cases.
Breach of Appellate tribunal’s orders Section 66 Imprisonment for one year/ fine of 10 percent of the project cost
If the Section 9 & Section 10 of the RERA Act are violated Section 62 Liable to pay a fine of INR 10,000/day. This amount can extend upto 5 percent of property cost
If RERA authority orders are violated Section 65 Penalty of 5 percent of the project cost that is old till that time

What Happens If Builder Delays Possession, As Per RERA Act?

If a builder delays the possession of a property as per RERA (Real Estate Regulatory Authority) Act, then the buyer has the right to seek legal recourse. The builder may be liable to pay the buyer compensation for the same. The Real Estate Appellate Tribunal typically decides the amount of compensation and depends on the severity of the delay.

In the event of any violation of the RERA Act, the buyer can file a complaint with the Real Estate Regulatory Authority or the Real Estate Appellate Tribunal. In the case of any dispute, both parties are obligated to go through a mediation process before resorting to litigation.

The RERA Act imposes several restrictions on builders in India. First, builders must register their projects with the Real Estate Regulatory Authority before launching them. Secondly, builders must disclose all information related to the project, such as the cost of construction, the estimated date of completion, and so on. Thirdly, they must adhere to the timelines and ensure timely possession of the property to the buyers.

In addition, builders must maintain a separate account for each project and deposit 70% of the amount received from buyers towards the project into the account. This money can only be used for the construction of the project.

How to Register Projects Under RERA

If you are looking forward to answering, what is rera registration, then you must know every individual related to the real estate domain has to get registered under RERA. Nevertheless, if you are a developer, builder agent or promoter you have to get a registration number from RERA also known as RERA no. Put forward the depicted process for the RERA no check. Here is a rundown of the RERA registration process for promoters, RERA consultants and agents. 

RERA Registration Process For Promoters

  1. Initially start by preparing a checklist and based upon it assemble are vital documents mandatory for property registration under the Real Estate Regulation Act.
  2. Get the bank account number opened for the payment deposit under the Act as per Section 4 (2) (I) (D).
  3. Next to this, appropriately fill and submit- Form A.  Consider it as an application form as the whole procedure initially starts with its submission.
  4. After the submission of Form A, move further with Form B. Complete it with all essential details and then submit it. It acts as a promoter in obedience to Section 4 of RERA. 
  5. Next to this, prepare your  Form G and submit to the designated authorities. It acts as a draft agreement for the purpose of allotment and project sale. 
  6. Set forth an affidavit which states every detail filled within the Form G is as per the rules set by RERA.
  7. Further, submit an affirmation confirming no prospective buyer has submitted an upfront amount. Upfront submission of an amount is not permitted under  Section 3 of the RERA Act.
  8. Pay the applicable registration fee or RERA registration fees. In general this fee varies from one state to another. 
  9. As a promoter, send a duly-signed copy of the aforementioned forms to RERA authority by post. 
  10. Finally, fill and submit the Form C. It is the last step in registration as next to this you get your registration certificate.

Steps of Registration for Real Estate Agents

Go through the RERA agent registration process and know what exactly you need to do to avail your RERA no. Although the RERA agent registration  is easy and can be wrapped within a few easy steps:

  1. Fill the requisite  application form cautiously and submit it. Add other necessary documents with the application form. Pay the requisite fee for the same. and fee to RERA.
  2. After the submission of the application form, the agent receives the registration number or RERA no. It is the mandatory number that has to be mentioned on each salable property. Perform RERA no check to know the authenticity of the received RERA no. 
  3. As an agent it is mandatory to maintain account books, critical property documents, along with transaction related records. All this must be done on a quarterly basis.
  4. All relevant information and concerned RERA approved project documents must be presented to the buyer. There should be transparency in every deal. 
  5. Your registration can be suspended if any fraud in the project is detected.In such case either you will  have to pay the penalty amount or have to bear imprisonment.  

File RERA complaints: Step-by-Step Procedure

Under RERA’s Section 3, an individual can file a complaint against the project  promoters, or buyers, RERA consultants  as well as agents. Following steps should be put forward to file a complaint under RERA:

  1. Get in touch with a RERA lawyer to file the complaint as per the authentic jurisdiction.
  2. The complaint must be filed within the prescribed format by the state authorities where the project was established.
  3. The complaint should comprise of following details:
    • Details about the applicant in addition to the respondent.
    • Address of the established project along with the project registration number. 
    • An in depth statement comprising facts and grounds of the complaint.
    • If applicable, mention the details about the  relief & interim.
  4. Pay the applicable fee. Although, this amount is different from one state to another. For instance across Maharashtra the levied fee is INR 5,000, whereas in Karnataka it is INR 1,000.
  5. You have the option to file an online complaint through official state wise websites of RERA.
  6. If the person isn’t satisfied with the final RERA decision,then he/she has the power to file another complaint through the RERA Appellate Tribunal. This has to be done within 60 days of the initial complaint filed with RERA .
  7. You can also approach the High Court within 60 days if you aren’t satisfied with the Appellate Tribunal’s decision.

Sample RERA Complaint Form

Maximum RERA State Authorities count on FORM M to file RERA complaints. Below is a sample RERA Complaint Form. Across a major number of states, FORM M is considered as a parameter whereas other states use FORM N and other notable forms to do the same. 

Documents Required for Filing a Complaint

For registration of a real estate project under RERA, you will have to be ready with the following documents. It will help you to have a seamless registration process under RERA. These are the documents required to register a project under RERA:

  • Promoters, Income tax returns of past three years.
  • Scrutinized balance sheets, accounts of overall profit or loss along with the auditor’s report.
  • Promoter’s must be prepared with their PAN Card together with the Aadhaar Card. If more than one promoter is involved within a deal, then all the promoters have to provide their PAN card and Aadhar card. 
  • Passport size photos. In the event of the promoter being a firm/company, photographs of all associated members have to be submitted. It will include the director as well as the chairman  of the company. 
  • The legitimate title deed together with other necessary documents. These documents play a crucial role in authenticating the project. Such documents present the legal rights that the promoter has over the project land. In case of the absence of the title deed the promoter can count on a non-encumbrance certificate. This RERA certificate will be duly signed by the revenue authority.
  • In case the  promoter isn’t the land owner, he will have to provide a copy of the collaboration agreement’s copy in addition to the owner’s consent. 
  • Approved layout plan as well as the sanctioned project plan.
  • A plan enlisting the offered amenities including drinking water, fire-fighting facilities, CCTV surveillance, renewable energy, solar heaters, evacuation facilities and much more. 
  • Minute RERA project details such as project boundaries comprising the latitude & the longitude of the project.
  • An approximate invoice detailing the sales agreement as well as the conveyance deed.
  • Overall carpet area of the approved project, total no. of apartments, balcony area and open terrace area.
  • Details about the parking area along with the garages, if any. 
  • Names and residential addresses of the agents.
  • Names and residential addresses of the involved  structural engineers, project architects, builders,  contractors, and other involved persons for project development. 
  • Declaration of project under Form B. It will act as an authorization for the promoter for the project allotment. 
  • Other required documents to register the project are mentioned in RERA guidelines. 

State Regulations Under Rera

As per Section 84 under the RERA Act, all State Governments were liable to make a specific set of rules within six months of the act commencement.These state rules must adhere to the RERA guidelines. LAter in 2016 on 31 st october, the, Central Government, initiated specific rules to support RERA through Housing & Urban Poverty Alleviation Ministry also known as HUPA. These rules are applicable in Union Territories too  without any sort of Legislature. These rules were notified after the commencement of the RERA Draft. 

A Large number of states notified their rules to the Central Ministry. RERA is facing foremost challenges across northeastern states. As of 2019 five northeastern states haven’t issued their RERA rules for real estate regularization. The enlisted states that haven’t presented the rules are Arunachal Pradesh; Meghalaya; Sikkim; Nagaland. After the commencement of RERA,2016, West Bengal issued its own law known by the name of  West Bengal Housing Industry Regulatory Act, 2017. It was initiated on 1st June 2018.  

State Implementation Date Official Site
Himachal Pradesh 28 September 2017 hp.rera
Telangana 4 August 2017 rera.telangana.gov
Haryana 28 July 2017 haryanarera.gov
Chhattisgarh 26 April 2017 rera.cgstate.gov
Punjab 8 June 2017 rera.punjab.gov
Karnataka 10 July 2017 rera.karnataka.gov
Tamil Nadu 22 June 2017 rera.tn.gov
Uttarakhand 28 April 2017 uhuda.org
Jharkhand 18 May 2017 jharera.jharkhand.gov
Rajasthan 1 May 2017 rera.rajasthan.gov
Bihar 1 May 2017 rera.bihar.gov
Odisha 25 February 2017 urbanodisha.gov
Andhra Pradesh 28 March 2017  rera.ap.gov
Maharashtra 19 April 2017 maharera.mahaonline
Delhi 24 November 2016 rera.delhi.gov
Madhya Pradesh 22 October 2016 rera.mp.gov
Daman & Diu 31 October 2016  
Lakshadweep 31 October 2016  
Andaman & Nicobar Islands 31 October 2016  
Dadra & Nagar Haveli 31 October 2016  
Chandigarh 31 October 2016 rera.chbonline
Uttar Pradesh 11 October 2016 up-rera
Gujarat 20 October 2016 gujrera.gujarat.gov

Rera Act 2016 – Implementation Report

List of States & Union Territories Registered with RERA website:

State or Union Territory Registered projects ( till December 2020) Number of Registered agents
Andhra Pradesh 1,321 119
Bihar 939 317
Chhattisgarh 1,194 512
Goa
Gujarat 7,791 1,353
Haryana 420 1,398
Himachal Pradesh 71 66
Jharkhand 433 4
Karnataka 4,474 2,478
Madhya Pradesh 2,822 738
Maharashtra 27,762 26,620
Odisha 405 48
Punjab 974 2,162
Rajasthan 1,395 1,816
Tamil Nadu 736  500 plus
Telangana 2,417
Uttar Pradesh 1,523 4,188
Uttarakhand 139 83
Andaman and Nicobar Island
Dadra and Nagar Haveli – Daman and Diu 96 2
Delhi (National Capital Territory of Delhi) 18 70

RERA in States

As per the RERA notification by the end of July in 2017, twenty three states as well as union territories either entrenched permanent regulator authorities or an interim one. As per the RERA guidelines, it was mandatory for each state & UT to have their own regulator. Constructors don’t have the authority to market and advertise their existing or upcoming projects until they get registered with RERA. Developers need to register themselves under the permanent regulator or interim regulator that falls under state RERA. For existing real estate projects for which the developers didn’t have a completion/ occupancy certificate/ RERA Certificate , a deadline was issued and all such projects needed to get registered by July 31, 2017. Amongst these 23 states, only 4 states have set up permanent regulators. These states are Gujarat; Maharashtra; Madhya Pradesh; Punjab . Whereas other 19 states have set interim authorities for the same.

Till now just 23 states have notified the Central Authority about the rules under RERA act 2016. Additionally 6 states have drafted their RERA rules but have not notified them yet.  In total, nine states along with Union Territories have appointed their interim Appellate Tribunals as per the Real Estate Act. At the same time just 7 states are all set up with their online registration portal under the Act.

Maharashtra RERA

The Maharashtra Real Estate Regulatory Authority also known by the name of Maha RERA emerged on 1 st May in 2017. Maharashtra RERA or RERA  Act Maharashtra is said to be the most deemed and active real estate regulatory authorities across India. There are almost 25,000 registered and active Maha RERA projects. Additionally, 23,000 agents have registered themselves under RERA as registered property agents and RERA consultants by February 2020. Till now approximately 10,000 complaints have been registered under RERA Maharashtra and 71% of them are already disposed of. The number of Maha RERA registered projects is highest compared to other state RERAs.  Moreover you can visit RERA Mumbai and RERA Pune portals to know about specific RERA project details. 

Uttar Pradesh RERA

Uttar Pradesh RERA covers entire range of micro-markets such as Noida and Greater Noida, along with Ghaziabad. Two state centres have been established for Uttar Pradesh RERA, based on the state strength. The first is located in Lucknow and the second is located across NCR. The Uttar Pradesh RERA notifications were issued within 6 month of the  RERA notice and the official website was launched in 2017 on 26th July.

In the first go the UP RERA took a huge step by deregistering its foremost real estate projects including  Aranya Phase 3, phase 4 and phase 5. It was supposed to be established in Sector 119. The step was taken when the promoter failed to present a satisfactory response towards the notices issued by RERA UP. The key reason was transactional irregularities. The UP RERA website emerged as a remarkable one by taking instant steps on the UP RERA complaints. The portal is handy and you can easily perform UP RERA login and check your UP RERA complaint status. Moreover, RERA Lucknow also falls within UP RERA. 

Karnataka RERA

The Karnataka RERA notifications were approved by the Central Cabinet in 2017 on 5th of July. As per the Karnataka RERA Rules, involved persons such as promoter, oand real estate agent working on an ongoing project are liable to register themselves with the Karnataka RERA or K RERA. All this has to be done before reaching out to the public for the project promotion. The Karnataka RERA portal reveals, almost 3,803 projects fall under RERA. Till 2020,  2,101 real estate agents have registered themselves under RERA through the RERA Karnataka website and in total 3,775 complaints have been filed via RERA Karnataka login.

Tamil Nadu RERA

The Tamil Nadu RERA Rules were issued in 2017 on 22nd of June. Also known by the name TNRERA, it has jurisdiction not only in Tamil Nadu but on Andaman and Nicobar Islands too. Which project will be included and which will get excluded will thoroughly depend upon the locality of the project. If it falls within the boundary of  Chennai Metropolitan Area -CMA it will be included and the rest will be excluded from RERA Tamilnadu.

Haryana RERA

The Haryana Real Estate Regulatory Authority rules came into existence in 2017 on 28th July. Haryana State Government launched their official Haryana RERA portal in 2018 on 4th of october. The RERA Haryana does have a separate jurisdiction across Panchkula along with Gurugram. To know property registration under RERA in Gurgaon, visit RERA Gurgaon. 

Rajasthan RERA

The Rajasthan RERA Rules were issued in 2017 on 1st of June. Same day the official Rajasthan RERA website was launched. The state government of Rajasthan established its own Rajasthan Real Estate Regulatory Authority also known as Raj RERA in 2019 on 6th of march. Nihal Chand Goel was appointed as the chairman of the RERA Rajasthan authority.

Delhi RERA

Lt. Governor. Anil Baijal launched the official RERA Delhi  portal in 2019 on 24th June. The website was initiated with the central ajanda of promoting transparency & real estate accountability. Delhi RERA notifications were issued with the initiative to provide the RERA consultants, agents , developers and buyers the knowledge about the interactive forum.  Initially the vice-chairman of DDA I.e. Delhi Development Authority was assigned as a regulatory authority to manage the National Capital Territory of Delhi. With passing time, in November 2018, they got their permanent real estate regulator as per the RERA guidelines. By mid of 2019, Delhi RERA received almost 72 complaints against builders. Till now 24 of them have been completely resolved. Across the city just 16 projects have  been registered under RERA Delhi.

Telangana RERA

The state government of Telangana notified about TS RERA RERA rules in 2017 on 31st July. The government named it as Telangana State Real Estate (Regulation and Development) Rules-2017. It covers all existing and upcoming real estate projects. Specifically it will deal with projects whose development permissions were approved in and after 2017. An array of distinct services are offered to the homebuyers, builders, and agents. The aim of RERA  Telangana is to look into real estate matters and encourage development transparency.

Andhra Pradesh RERA

The state government of  Andhra Pradesh government issued the AP RERA in 2017 on 27th March. The Real Estate (Regulation and Development) Act – 2017 came into existence from mid of 2017 in Andhra Pradesh. Additionally, the official RERA AP portal was launched to ease up the registration procedure of the projects, RERA agent registration and complaint proceedings.

West Bengal RERA

On the 16th of August, 2017 the state government of West Bengal passed a Real Estate Regulation Act  i.e. the West Bengal Housing Industry Regulation Bill or RERA West Bengal. It stated that all construction projects which are over 500m² or consist of 8 apartments must be registered with the Housing Industry Regulatory Authority or HIRA. HIRA acts as a real estate regulator in the state. The bill also suggested that HIRA will be instituted in sixty days. However, the bill wasn’t recognised by the central government as a similar law already exists in the central legislature. The Urban Affairs and Union Housing Minister Mr. Hardeep Singh Puri refused to acknowledge the bill and stated that the state must conform to the central legislature. He further asked the West Bengal state assembly to revoke the real estate bill. 

Gujarat RERA

The state assembly of Gujarat declared the rules and criteria for the development and regulation of all real estate projects in May 2017. Gujarat RERA was formed and has been functioning since. The official website for RERA Gujarat is www.gujrera.gujarat.gov.in .  For a real estate project established in Ahmedabad, look into the RERA Ahmedabad portal. 

Punjab RERA

The Real Estate (Regulation and Development) rules were announced by the government of Punjab in 2017 in the month of June. On 10th August, 2017 the government inaugurated the RERA Punjab. The district of Mohali tops the charts with the maximum projects registered to RERA. 

Bihar RERA

The Bihar Legislative Assembly created separate laws and released the Bihar RERA in April, 2017. In 2020, RERA Bihar had 833 projects registered and approved by the Real Estate Regulation Act. Additionally for Patna based projects, look for RERA Patna. 

Chhattisgarh RERA

The Chhattisgarh government was one of the first few states to enact the Real Estate Regulation and Development Act 2016. They established the Chhattisgarh RERA 2017. The state had 1124 registered and approved projects and 473 agents up till may 2020. The Chhattisgarh RERA was also amongst the few to examine cases via video call platforms during the covid-19 pandemic. 

Kerala RERA

The RER Act took a lot of time to get successfully established in Kerala. At first there was a delay in the preliminary bill that stated the new rules according to the Real Estate ( Regulation and Development) Act of 2016. The Kerala RERA was instated in 2018 but the rules were denounced as they appeared to unjustly favour the builders. The fully functioning portal for RERA Kerala was finally launched in 2020.

Odisha RERA

Along with Chhattisgarh, Odisha was also amongst the states that established RERA early. The state assembly released the RERA Odisha notice containing the rules according to RERA in February 2017. A dedicated Odisha state RERA was founded in October, 2017. 

Madhya Pradesh RERA

The state legislative assembly of Madhya Pradesh took a proactive stance for the RERA MP Act 2016. They have one of the highest number of registered projects i.e. 2640. They also have nearly 250 projects in the process of registration. The Madhya Pradesh RERA or MP RERA has 677 approved real estate agents and 1897 approved promoters, according to the study conducted in 4th June, 2020

Ladakh RERA

Ladakh was one of the last few union territories of India to officially instate the RER Act in October, 2020. This was lauded by the Ministry of Housing and Urban Affairs as a steady step towards further development of the area and generation of transparent real estate opportunities in the Union territory. Since the establishment of Ladakh RERA, the builders have been forced to comply with state laws, ensure on-time completion of RERA projects and deliver the promised quality. 

Jammu and Kashmir RERA

The J & K government was also amongst the last few state/union territories to establish the RERA 2016 in the area. The Jammu and Kashmir RERA was inaugurated in August, 2020. With this real estate (regulation and development) act 2016, the government hopes to develop and bring transparency to the real estate market in the UT. All builders and agents in J&K were notified to file a Form A for approval. 

In late October, 2020 the central government amended or removed the existing land and real estate laws in Jammu and Kashmir which earlier posed legal difficulties. This was part of the J & K Reorganisation Initiative. Indians no longer need domicile or permanent residency certificates to purchase non-farming land in the Union territory. 

Telugu, Tamil, Assamese, Malayalam, Gujarati, Punjabi, and many other languages. 

In a Nutshell:

After understanding RERA meaning, it is clear that availing of a RERA certificate is inescapable, especially for agents and developers. All you need to do is visit the RERA site and get your RERA  agent registration done. Next to this check RERA status and use the RERA no for developing RERA registered projects. Based upon the RERA no check RERA project details through the  RERA official website. Almost every state has its own RERA official website that enlists the registered agents and projects for buyers’ ease.

Uttar Pradesh Up Rera
Haryana Rera Haryana
Rajasthan Rera Rajasthan
Karnataka Rera karnataka
Gujrat Rera Gujarat
Maharashtra Rera Maharashtra
Bihar Rera Bihar
Madhya Pradesh Rera Mp
Telangana Rera Telangana
Odisha Rera Odisha
Assam Rera Assam
Jharkhand Rera Jharkhand
Kerala Rera Kerala
Uttarakhand Rera Uttarakhand
Goa Rera Goa
Chhattisgarh Rera Chhattisgarh
Tamil Nadu Tn Rera

 

Chitra Chaudhary A stellar writer with over 3 years of experience, Chitra loves to delve deep into all the nitty-gritty of finance, government and other technical topics people usually dread to attempt. With a masters in Computer Science, Chitra alchemises her analytical and creative prowess to manifest some of the most awesome articles for Square Yards.
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