“Brick by Brick: Enforcing Accountability in Real Estate Through RERA”

The Indian real estate sector, once riddled with delays, non-transparency, and buyer helplessness, underwent a major transformation with the introduction of the Real Estate (Regulation and Development) Act, 2016—commonly known as RERA. This legislation aimed to bring transparency, efficiency, and buyer protection to one of India’s most vital economic sectors. RERA has since become a powerful tool in restoring trust and enforcing accountability, one project—and one promise—at a time.

Why Was RERA Introduced?

Prior to RERA, property buyers often found themselves powerless against developers who:

  • Delayed possession for years

  • Changed building plans without consent

  • Sold units without proper registration or documentation

  • Misused funds or over-promised amenities

With disputes mounting, the government introduced RERA to regulate the sector and create a fast-track grievance redressal mechanism.

Key Features of RERA

  1. Mandatory Registration:
    All residential and commercial projects over a specified size must be registered with the respective State RERA before any advertising or sales begin.

  2. Project and Promoter Details Disclosure:
    Developers must provide detailed disclosures regarding project layout, timeline, approvals, financials, and promoter background—available for public viewing online.

  3. Advance Payment Cap:
    Builders cannot take more than 10% of the property cost as an advance before signing the sale agreement.

  4. Escrow Mechanism:
    70% of funds received must be deposited in a separate escrow account, ensuring money is used for that project only.

  5. Timeline Accountability:
    Developers must adhere to declared possession dates. Failure to deliver can attract penalties, interest, or even imprisonment.

  6. Grievance Redressal:
    Buyers can approach State RERA Authorities or Appellate Tribunals for relief. The law mandates decisions within 60 days of filing complaints.

Rights of Homebuyers Under RERA

  • Timely possession or refund

  • Right to information on project progress

  • Compensation for delays or false promises

  • Structural defect liability for up to 5 years after possession

  • Right to file complaints directly with RERA or its Appellate Tribunal

Role of RERA in Real Estate Discipline

Since its inception, RERA has:

  • Created project and agent transparency through public portals

  • Blacklisted or penalized non-compliant developers

  • Empowered citizens and consumer forums to challenge illegal practices

  • Helped attract more structured investment into the real estate sector

States like Maharashtra (via MahaRERA), Uttar Pradesh, Gujarat, and Karnataka have seen a high number of registrations and dispute resolutions.

Limitations and Challenges

  • Uneven implementation across states; some are slower to enforce the Act

  • Developers challenging RERA orders in civil courts, causing delays

  • Limited awareness among buyers in tier-2 and rural regions

  • Enforcement of RERA orders sometimes remains a practical challenge

Despite these, the act continues to evolve and adapt—building trust brick by brick.


Conclusion

RERA has fundamentally altered the builder-buyer relationship by infusing transparency, fairness, and legal structure into India’s chaotic real estate landscape. For buyers, it’s a shield; for developers, it’s a code of conduct. As urban India grows vertically and laterally, RERA ensures that promises made on paper become homes built in reality.

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