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How RERA Benefits Homebuyers in India

Jun 26, 2024
How RERA Benefits Homebuyers in India

RERA (Real Estate Regulatory Authority) in India

Buying a home is a significant milestone. Historically, the Indian real estate market was not well-regulated and home buyers had to deal with malpractices. The builder-buyer agreements were also structured more in favour of the builder. Additionally, due to the industry being intensely competitive in attracting prospective homeowners, there were gaps between the promise and the delivery.

RERA (Real Estate Regulatory Authority), introduced in 2016, was established under the Real Estate (Regulation and Development) Act. It has significantly improved the real estate sector in India. It aims to protect homebuyers by ensuring transparency and accountability from developers. For aspiring home buyers, understanding RERA is crucial for informed decision-making. Essentially, RERA acts as a safeguard for consumers, promoting fair practices in the real estate market. Let us further explore RERA benefits for home buyers, documents required for RERA registration, and much more.

Table of Contents

  • What is RERA?
  • Purpose and objectives of RERA
  • Features of RERA
  • Documents needed for Registration under RERA
  • Key provisions of RERA and their impact on homebuyers
  • How RERA empowers homebuyers in India?
  • Conclusion
  • FAQs

What is RERA?

RERA is a legal framework established in 2016 to enhance transparency and protect the interests of home buyers. It requires all real estate projects to be registered, compelling developers to publicly share detailed project information, such as layouts, approvals, and timelines. This law helps reduce the risks of delays and fraud, enhancing buyer confidence.

Providing clear details about projects helps home buyers make well-informed decisions. RERA benefits also include mechanisms for the quick redressal of disputes between buyers and builders. This also increases buyer confidence and sets standards for developers to follow.

Purpose and objectives of RERA

Protecting home buyers: RERA ensures the protection of home buyers by enforcing fair practices, providing timely information, and prompt resolution of disputes.

Enhancing transparency: The act mandates developers to fully disclose key project details including timelines, legal approvals, and financial status, enabling buyers to make informed decisions.

Regulating industry standards: RERA sets strict guidelines and standards for real estate developers to ensure quality construction, adherence to agreed timelines, and compliance with specified norms.

Establishing regulatory authority: It creates an independent body responsible for overseeing the real estate market, enforcing regulations, and resolving disputes efficiently.

Monitoring real estate entities: RERA has the authority to register and regulate real estate brokers and developments, ensuring they meet legal standards.

Maintaining documentation: The authority keeps comprehensive records of projects available for public scrutiny, including details and images of promoters/enterprises/agents with cancelled licenses.

Controlling advertising: It ensures that promotional materials by developers are accurate, preventing misleading claims.

Features of RERA

Some of the most important features that enhance RERA benefits for home buyers are:

Quick dispute resolution: RERA makes dispute resolution faster by using a special tribunal and officers to settle disagreements.

Mandatory project registration: All real estate projects must register with RERA, which can reject registrations if guidelines are not followed.

Compensation for losses: Promoters are liable to compensate buyers for losses due to defective title claims, with no cap on the compensation amount stipulated by law.

Right to file complaints: Individuals can file complaints with RERA against promoters, buyers, or agents violating the Act’s provisions.

Authority to halt activities: During investigations, RERA can prohibit any party from continuing activities that are under complaint.

Penalties for non-compliance: Promoters face penalties of up to 5% of the project's estimated cost for not complying with RERA's orders. Further non-compliance with the Tribunal’s orders can lead to up to 3 years of imprisonment or a fine of up to 10% of the estimated project cost, or both.

Corporate accountability: If an offence is committed by a company under this Act, both the person in charge at the time and the company itself are held liable.

Documents needed for Registration under RERA

The documents required for RERA registration can vary slightly depending on the registering entity and specific state regulations.

Here is a general overview of documents to be submitted by developers when registering a new project:

  • Promoter identification and proof of the promoter's residence.
  • Contact information: Identification number and email ID.
  • Project plans: Start certificate, sanction plan, and detailed arrangement plan.
  • Project details: Precise location, proposed execution timeline, and parking space availability within the project.
  • Land ownership proof: Documentation verifying the promoter’s title to the land designated for the project.
  • Promoter’s track record: Details of any previous projects handled by the promoter, including titles, progress updates, and records of any delays.

Some additional documents required for promoters who are companies are:

  • Company documentation: Certificate of Organisation.
  • Registration numbers: CIN and TAN numbers.
  • Financial Records: Audited financial statements for the last 3 fiscal years, audit report, and director’s report.
  • Management details: Information about the directors or any persons in a position of authority.

It's recommended to visit the official RERA website for your state for the most up-to-date and accurate information.

Key provisions of RERA and their impact on homebuyers

Under the RERA Act, there are key provisions aimed at protecting homebuyers and ensuring fair play in the real estate sector:

1. Project registration 

Developers must register projects with RERA before marketing or selling, providing details like land title, plans, and project status.

2. Mandatory disclosure 

Project information, including specifications and carpet area, must be shared on the RERA website, and any changes must be disclosed to buyers.

3. Escrow account 

Developers are obliged to deposit at least 70% of the funds from buyers into a separate account for the project's construction.

4. Carpet area clarity 

Unit sales must be based on carpet area, which should be clearly mentioned in agreements and advertisements. Earlier, there was no standard formula to calculate the carpet area. This has now been rectified through RERA to prevent confusion for buyers.

5. On-time completion 

RERA stresses on-time project completion, with penalties and compensation for delays enforced against developers.

6. Regulation of agents 

Real estate agents must register with RERA, providing accurate project and commission details.

7. Grievance redressal 

RERA allows buyers to file complaints against developers or agents, with state Real Estate Appellate Tribunals addressing disputes.

How RERA empowers homebuyers in India?

RERA ensures that developers share complete and accurate project information, allowing buyers to make decisions based on trustworthy data. By mandating a state authority to settle disputes and ensuring buyers have access to crucial project documents, RERA aims to protect the buyers’ rights.

Establishing strict guidelines and penalties for project delays offers assurance of timely delivery to homebuyers. Further, the Act prevents misleading claims and ensures developers get all necessary clearances, reducing fraudulent practices in real estate.

Conclusion

RERA has transformed the real estate landscape in India, offering more leverage in the home-buying process for aspiring homeowners. By ensuring transparency, accountability, and timely project delivery, RERA protects buyers’ rights and enhances their confidence in investing in property. It establishes a more structured and reliable market, with features in place for addressing grievances efficiently.

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FAQ's

What is the full form of RERA, and why was it introduced in India?

The full form of RERA is the Real Estate Regulatory Authority. It was introduced in India to enhance transparency, accountability, and efficiency in the real estate sector and to protect homebuyers from malpractices.

How does RERA protect the interests of homebuyers?

RERA protects homebuyers by enforcing developers to deliver projects on schedule, provide accurate project information, and maintain funds in a separate account to be used solely for the intended project. RERA also allows buyers to file complaints against developers or agents, which can be addressed by the state Real Estate Appellate Tribunals.

What information can homebuyers access through the RERA portal?

Through the RERA portal, homebuyers can access detailed information about registered real estate projects, including approvals, land status, project layout, developer details, and real-time project progress.

How can homebuyers file complaints under RERA, and what is the process for resolution?

Homebuyers can file complaints under RERA on the official portal or at the state authority's office, leading to a resolution process involving an assessment of claims, a demand for explanations from developers, and a directive for remedial action.

Can RERA help in resolving disputes between homebuyers and developers regarding possession delays?

Yes, RERA can help resolve disputes over possession delays by holding developers accountable through penalties and even imprisonment for not adhering to the agreed-upon project completion timelines.

What should homebuyers consider before investing in a real estate project registered under RERA?

Before investing in a real estate project, homebuyers should verify the RERA registration of the project. They must ensure that all necessary project details and approvals are disclosed, and understand the builder-buyer agreement thoroughly.

How has RERA impacted the Indian real estate market since its implementation?

RERA has brought accountability to India's real estate market, reducing fraudulent practices, ensuring consumer protection, and instilling confidence in home buyers through regulated and transparent operations.

What are some tips for home buyers to leverage the benefits of RERA effectively?

Some tips for leveraging the benefits of RERA are to conduct thorough research on RERA-registered projects, stay updated on their rights, and not hesitate to use the grievance redressal mechanism provided by the Act for any disputes.

Disclaimer: *Please note that this article is for your knowledge only. Loans are disbursed at the sole discretion of SMFG Grihashakti. Final approval, loan terms, disbursal process, foreclosure charges and foreclosure process will be subject to SMFG Grihashakti’s policy at the time of loan application. If you wish to know more about our products and services, please contact us.

SMFG India Home Finance Co. Ltd. (Formerly Fullerton India Home Finance Co. Ltd.)
CIN number: U65922TN2010PLC076972
IRDAI COR No: CA0948

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