
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.