By Jayesh Rathod, Director, The Guardians Real Estate Advisory
Pune, 22nd August 2024: Owning a home is a cherished dream for countless individuals, fuelling the rapid growth of India’s real estate sector. To safeguard this aspiration, the Government of India introduced the Real Estate (Regulation and Development) Act, 2016 (RERA), through the Ministry of Housing and Urban Affairs. This landmark legislation was crafted to address persistent issues of transparency, accountability, and efficiency within the sector. By setting a framework for fair practices and enhanced protection for homebuyers and transforming the real estate landscape in India, ensuring that the process of acquiring a home is a fulfilling and secure experience.
Before the implementation of RERA, the real estate sector in India encountered various hurdles, including delays and financial mismanagement. During that period, some builders would sometimes present their projects with overstated descriptions of amenities, leading to potential buyers being misled. These inflated claims may promise high-end facilities and features that are not delivered upon completion. As a result, homebuyers frequently find themselves in a difficult position, facing both emotional and financial distress. The gap between the promised and actual amenities can lead to a sense of betrayal and dissatisfaction, highlighting the urgent need for improved transparency and accountability in the real estate sector to protect consumer interests and enhance trust.
The introduction of RERA on May 1, 2016, brought a transformative shift to the real estate sector, offering substantial relief to homebuyers. By establishing clear regulations and accountability measures, RERA ensures that genuine builders adhere to promised standards and timelines. This legal framework has enhanced transparency, leading to a significant increase in completed projects and a more accountable home-buying experience. RERA has streamlined developer processes, expedited paperwork and approvals, and aimed to resolve disputes more efficiently, thereby fostering a more reliable and trustworthy real estate market.
Each state in India has its own Real Estate Regulatory Authority (RERA), tailored to address local real estate issues. Maharashtra’s MahaRERA is frequently praised for its effective implementation, setting a high standard with initiatives like mandatory project registration, QR codes for verification, and a robust grievance redressal system. Similarly, Uttar Pradesh’s UP RERA has made significant strides by streamlining project registration processes and imposing strict penalties on defaulters, enhancing transparency and accountability in the state. Gujarat’s G RERA has also been effective, with a focus on expediting dispute resolution and enforcing compliance, contributing to a more reliable real estate market.
Karnataka’s KRERA is noted for its proactive approach to handling consumer complaints and maintaining transparency. Delhi’s DDA RERA has introduced stringent measures for builder accountability and accelerated project approvals, fostering a more trustworthy environment. Punjab’s PRERA has made strides in improving the registration process and enforcing compliance, aiming to enhance the overall credibility of the real estate sector.
In contrast, some states face challenges in implementing RERA due to varying levels of resources and commitment. While RERA has been rolled out nationwide, the effectiveness and impact often depend on the state’s ability to enforce regulations and provide support to both builders and homebuyers.
MahaRERA, operational since May 1, 2017, has empowered homebuyers by enforcing a range of key measures. Developers must register their projects with MahaRERA before any property transactions, ensuring a transparent real estate framework. The Right to Information allows buyers to access important project details, boosting confidence and reducing fraud. Severe penalties, including fines and up to three years in prison, are imposed on builders who misuse funds. To ensure timely project delivery and transparency, all projects must display a RERA number before marketing. These regulations help buyers find trustworthy projects and ensure they receive what was promised.
Additional regulations include standardised carpet areas, limits on advance payments (no more than 10% of the project cost), and the requirement for builders to create separate escrow accounts. These accounts ensure that funds collected from homeowners are used solely for the project. Homeowners are also entitled to information on how these funds are utilised. Grievance redressal mechanisms have been streamlined, with dedicated officials appointed to resolve complaints promptly. Penalties are imposed on developers for project delays and buyers for payment delays, creating a balanced seller-buyer dynamic.
Recent initiatives by MahaRERA further demonstrate its commitment to improving transparency and protecting homebuyers’ interests. As of April 25, 2024, MahaRERA requires that all housing project legal documents include detailed parking information to address complaints and disputes related to parking, with strict penalties for non-compliance. MahaRERA also proposed submitting self-declarations for quality checks making developers more responsible and streamlining processes. Developers have been mandated since August 1, 2023, to include QR codes in their promotional materials, allowing potential buyers to verify the authenticity of developers’ RERA certificates online.
As proposed in February 2023, developers are required to list their bank account details on recovery warrants, streamlining compensation recovery processes. Furthermore, starting in April 2024, a project grading system will evaluate real estate projects based on construction quality, adherence to timelines, amenities, and customer satisfaction, aiming to enhance transparency and aid buyers in making more informed decisions. Along with developers and home buyers, MahaRERA has also proposed rules for real estate agents. Real estate agents will neither be able to register themselves with MahaRERA nor renew their registrations without getting the required certification. This ensures that agents are well-equipped with the laws, regulations, project details, and information on developers before mediating property transactions.
MahaRERA has been proactive in adopting innovative measures to combat fraudulent practices in the real estate sector. In collaboration with the Advertising Standards Council of India (ASCI), they have taken steps to identify developers who advertise their projects without proper registration numbers or QR codes. Recently, MahaRERA also announced the mandatory implementation of a ‘Quality Assurance Certificate’ for builders, a move aimed at ensuring high construction standards and enhancing accountability.
These initiatives prove MahaRERA’s dedication to advancing transparency and safeguarding homebuyers’ interests in the real estate market. The year 2023 saw a landmark achievement with the completion of 3,927 housing projects, a significant increase from 1,749 completed projects in 2022. As the real estate sector is projected to become a $1 trillion economy by 2030, RERA initiatives are poised to play a crucial role in this growth.
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