Is RERA Applicable All Over India?
Is RERA Applicable All Over India?
I. Introduction
RERA (Real Estate Regulation and Development) Act, 2016 was enacted to:
Regulate the real estate sector
Ensure transparency in transactions
Protect rights of homebuyers
A key question is whether RERA applies uniformly across India.
II. Legal Framework
Central Legislation:
RERA is a central act, enacted by Parliament in 2016.
Came into force on 1 May 2017 for most states.
State Adaptation:
Real estate is a state subject under the Constitution (Seventh Schedule, Entry 18 of State List).
States were required to notify their own rules and authorities under the central RERA Act.
Sections Relevant for Applicability:
Section 2(f) & 2(k): Define ‘project’ and ‘apartment’ – must be registered if covered under RERA.
Section 3 & 4: Registration requirement for promoters and agents.
Section 31–38: Powers of state RERA authorities.
Key Principle:
RERA is applicable nationwide, but operationally it is administered by state authorities, which issue rules, guidelines, and registration procedures.
III. Applicability Across India
All States and Union Territories
RERA applies to all residential and commercial real estate projects, except:
Projects below a certain size (e.g., <500 sq.m. or <8 units in Maharashtra – state-specific).
State-Specific Rules
Each state must notify:
RERA rules
Fees and timelines
Authority offices
Union Territories
Applicable in UTs like Delhi, Chandigarh, Puducherry, with UT authorities.
Exemptions
Agricultural land and projects outside the defined limits of state rules may be exempt.
IV. Case Laws
Lodha vs. Union of India (2019)
Court clarified that RERA is applicable in all states, and promoters cannot evade registration by claiming local exemptions outside RERA Act.
Maharashtra RERA Authority vs. Kolte Patil Developers (2020)
Court emphasized state RERA authorities enforce the Act locally, but all central provisions are binding.
Prestige Estates vs. Karnataka RERA Authority (2018)
Highlighted that state-specific rules operate within central RERA framework, ensuring uniformity with minor operational differences.
V. Practical Implications
Nationwide Coverage – Buyers can rely on RERA in any state.
State Authorities – Each state has its own RERA portal, rules, and procedures, which promoters must comply with.
Protection of Buyers – Homebuyers across India enjoy right to registration, transparency, and compensation.
Cross-State Projects – Developers must comply with respective state RERA rules.
VI. Conclusion
RERA is applicable all over India, but enforcement is by state/UT authorities.
Courts have consistently held that:
Promoters cannot sell without registration, regardless of the state.
State rules operationalize the central RERA provisions.
The Act ensures uniform protection of homebuyers’ rights and transparency in real estate across India.
⚖️ Exam Tip:
Start with purpose of RERA and central legislation.
Explain state-wise enforcement and exemptions.
Mention case laws showing national applicability.
Conclude: RERA is nationwide in applicability, but each state administers it through its rules and authority.
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