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Transforming Real Estate: The Advantages of RERA-Approved Projects in India
Discover how RERA has revolutionized the sector, offering enhanced transparency, increased accountability, and stronger buyer protection. From ensuring clear property titles to standardizing carpet area definitions, we explore the myriad benefits of investing in RERA-approved projects. Understand how RERA safeguards against project delays and insolvency, and learn why it`s now easier and safer for investors to navigate the real estate landscape. This blog is your essential guide to understanding the positive impact of RERA on Indian real estate, making it an invaluable resource for buyers, investors, and industry professionals alike.
January 8, 2024
The real estate sector in India underwent a significant transformation with the introduction of the Real Estate (Regulation and Development) Act, 2016, commonly known as RERA. Aimed at enhancing transparency, protecting homebuyers, and boosting investments, RERA has been a game-changer. Let us explore some advantages of investing in RERA-approved projects.
- Enhanced Transparency: RERA mandates developers to disclose project details, reducing the risk of fraudulent practices. As part of this registration, developers must disclose various details about their projects, including legal title, project plan, layout, government approvals, land status, subcontractors involved, schedule for completion, and more. Post-registration, developers are also required to provide regular updates on the project’s construction status and the stages of development. This ensures that buyers are kept informed about the progress of the project they have invested in. All this information is made available to the public on the RERA website. This transparency ensures that potential buyers can access comprehensive information about a project before making a decision. It helps them to verify the credibility and track record of the developer and the project’s legal standing.
- Increased Accountability & Project Delivery Assurance: Developers are accountable for project delivery and quality, ensuring consumer protection. Developers are required to commit to a timeline for the completion of their projects. RERA mandates that any delay in project delivery must be communicated to the buyers. Furthermore, developers are liable to pay penalties to the buyers for any unjustified delays. This holds developers accountable for adhering to the promised timelines. Developers are responsible for the quality of construction. RERA includes a provision where for five years after possession, if any structural defect or poor quality of work is found, the developer is obligated to fix such issues at no additional cost to the buyer. This clause ensures that developers maintain a high standard of construction quality.
- Title Deed Assurance: RERA ensures the property title is clear and the buyer is fully informed.
The "Title Deed Assurance" component of the Real Estate (Regulation and Development) Act, 2016 (RERA), significantly bolsters the security of real estate transactions by ensuring that the property titles are clear and free from any disputes or encumbrances. This feature requires developers to conduct and disclose thorough legal checks of the land title before registering their projects under RERA. Such a mandate is crucial in safeguarding buyers from the risks associated with unclear or disputed land titles, a common issue in the pre-RERA era. By demanding transparency in the disclosure of title documents, RERA provides buyers with a comprehensive understanding of their property`s legal standing, thereby enhancing their confidence in the transaction. This assurance of a clear title is not only pivotal in protecting the buyer`s investment but also in preventing future legal complications.
Moreover, the clarity of property titles under RERA plays a vital role in fostering trust in the real estate market. Buyers are more likely to invest in properties when assured of undisputed legal ownership. This trust is further supported by the ease with which clear titles facilitate loan approvals from banks and financial institutions. In the event of any discrepancies or issues with the property title, RERA provides a mechanism for buyers to seek prompt redressal, holding developers accountable for non-compliance. Overall, the Title Deed Assurance under RERA marks a significant stride in making real estate transactions more secure and transparent, thereby ensuring a more robust and buyer-friendly real estate sector.
- Standardized Carpet Area: Standardization of the carpet area calculation eliminates ambiguity and ensures fairness.
Prior to RERA, there was no standardized method for calculating the carpet area of a property, leading to a lot of ambiguity and often, disputes between buyers and developers. Different developers used different methods to calculate the carpet area, which could include or exclude certain areas of the property, leading to confusion and inconsistency in the understanding of the actual usable space a buyer would get.
With RERA, this ambiguity has been eliminated by introducing a clear and uniform definition of what constitutes the carpet area. The carpet area is now defined as the net usable floor area of an apartment, excluding the area covered by the external walls but including the area covered by the internal partition walls of the apartment. This standardization means that buyers can now compare different properties on an equal footing, knowing exactly what they are paying for. It ensures that buyers get a fair deal by making it clear how much actual usable space they will own, preventing developers from including areas like balconies or terraces in the carpet area, which was a common practice earlier.
- Buyer`s Interest Protection in Case of Delay: Developers are liable to pay interest for any delay in project completion.
This aspect of RERA addresses one of the most common grievances in the real estate sector: the delay in project completion. Before RERA, buyers often faced indefinite delays in the possession of their properties, significantly impacting their financial planning and causing immense stress and uncertainty.
Under RERA, developers are legally bound to complete and hand over properties within the timeline stipulated at the time of project registration. If they fail to do so, they are liable to compensate the buyer by paying interest on the amount paid by them. This interest rate is usually equivalent to the lending rate of a nationalized bank plus a certain percentage, ensuring that the compensation is fair and significant.
- Regulatory Oversight: State-level RERA authorities monitor and regulate real estate transactions.
This aspect of RERA is instrumental in ensuring the effective implementation of its various provisions, ultimately safeguarding the interests of both buyers and developers in the real estate market.
Under RERA, each state and union territory in India is required to establish its own Real Estate Regulatory Authority. These state-level RERA authorities are empowered with wide-ranging responsibilities and powers to oversee real estate transactions, enforce regulations, and ensure compliance with the Act.
- Grievance Redressal: Quick dispute resolution through dedicated RERA tribunals and appellate tribunals.
Prior to RERA, buyers facing issues with real estate projects had limited recourse and often had to resort to lengthy and costly legal battles. RERA introduces a more streamlined and efficient system for dispute resolution through the establishment of dedicated RERA tribunals and appellate tribunals.
These tribunals are specialized forums designed to handle disputes related to real estate transactions, specifically those under the purview of RERA. The primary aim is to provide quick and effective redressal of grievances, thereby enhancing the confidence of stakeholders in the real estate sector.
- Quality of Construction: Enhanced quality of construction due to increased accountability. This enhancement in quality is largely attributed to the increased accountability imposed on developers by RERA. Prior to the implementation of RERA, the real estate sector in India often witnessed issues related to poor construction quality, partly due to the lack of stringent regulatory oversight and accountability mechanisms. Now with RERA developers are now held accountable for the quality of their construction. They must adhere to the promised standards and specifications outlined in the project documents. Any deviation can result in penalties, legal action, and a loss of reputation. In essence, RERA`s focus on the quality of construction has brought about a paradigm shift in the real estate sector. Developers are now more diligent in their construction practices, leading to better quality homes and infrastructures.
- Promoter’s Credibility Check: RERA checks the credibility of promoters, ensuring reliable developers. RERA requires a comprehensive background check of the promoters before they can register any project. This includes their track record, past project deliveries, litigation history, financial stability, and overall reputation in the market. Promoters are required to disclose details about their enterprise, such as their registration data, types of enterprises (like proprietorship, partnerships, companies), and details of past or ongoing projects. This disclosure provides transparency and helps buyers to make informed decisions. RERA assesses the financial stability of the promoters to ensure that they have the requisite financial backing to complete the project as promised. This is crucial to avoid situations where developers start a project and then run out of funds, leading to stalled or incomplete projects. The promoters must demonstrate compliance with all relevant legal requirements and obtain necessary clearances for their projects. This aspect ensures that the projects are legally sound and reduces the risk of future legal disputes.
- Clearance and Approval Transparency: All necessary approvals and clearances must be obtained before selling. Prior to RERA, the practice of initiating sales or bookings without securing the requisite permissions was not uncommon, often leading to legal complications, project delays, and financial losses for unsuspecting buyers. With this new mandate, developers are now obligated to secure approvals such as land use permissions, environmental clearances, building plan approvals, and other relevant consents. This information must be disclosed to potential buyers, ensuring they are fully informed about the legal status of the property. This transparency is crucial in preventing the sales of projects in their pre-launch phase that have not yet received necessary approvals, thus protecting buyers from risky investments. Additionally, it instills greater confidence among buyers, as they can be assured that the project complies with legal requirements and is less likely to encounter regulatory hurdles. For developers, this requirement not only holds them accountable for adhering to regulatory norms but also encourages thorough due diligence before project launches. The overall impact of this provision under RERA has been profound, fostering a more disciplined, transparent, and legally compliant real estate market.
- Clear Definition of Terms: Clear definitions of terms like carpet area, built-up area, super built-up area, etc. RERA addresses a fundamental issue in the real estate sector – the ambiguity in key terminologies like carpet area, built-up area, and super built-up area. Before RERA, the lack of standardized definitions for these terms often led to confusion and misrepresentation in property transactions.
RERA has brought clarity by providing precise definitions for these critical terms:
- Carpet Area: Defined as the net usable floor area of an apartment, excluding the area covered by the external walls but including the area covered by internal partition walls. This clarity ensures that buyers know exactly how much usable space they are paying for, leading to more transparent and fair transactions.
- Built-Up Area: This typically includes the carpet area plus the thickness of external walls and the balcony.
- Super Built-Up Area: Also known as the "saleable" area, it includes the built-up area along with a proportionate area of common spaces such as the lobby, lifts, staircases, and amenities like a gym or clubhouse.
By standardizing these definitions, RERA has eliminated the room for creative interpretations that developers might use to enhance the perceived value of their properties. This clear delineation helps buyers understand precisely what they are investing in, aiding them in making more informed decisions. It also brings uniformity in the way properties are measured and valued across projects and developers, leading to a more organized and buyer-friendly real estate market.
- Protection from Insolvency: In case a developer faces insolvency, the project will not be impacted as the money is in an escrow account. Developers are required to deposit 70% of the funds collected from buyers into these escrow accounts, which are to be used exclusively for the construction and land costs of the specific project. This mechanism ensures that the funds are insulated from the financial risks or insolvency issues that a developer might face. In the past, the diversion of funds to other projects or the financial collapse of a developer often led to stalled or abandoned projects, leaving buyers with significant losses and no recourse. With the implementation of RERA, the escrow account system acts as a financial buffer. It ensures that even if a developer runs into financial troubles, the funds necessary to complete the project are secure and separate from the developer’s other financial obligations. This protection greatly reduces the risk for buyers and increases their confidence in investing in real estate projects. It also encourages more disciplined financial management by the developers, leading to a healthier and more trustworthy real estate sector.
- Ease of Investment: With enhanced transparency and regulation, it`s easier for investors to make informed decisions. Investors can access all necessary information regarding a project`s legal standing, financial viability, construction progress, and compliance with regulatory norms. Consequently, investors can evaluate the potential risks and returns more accurately, leading to more informed and secure investment decisions. Furthermore, the establishment of regulatory authorities for grievance redressal and dispute resolution instills additional confidence among investors, knowing that there is a system in place to protect their interests. Overall, RERA has significantly reduced the uncertainties and complexities associated with real estate investments, making it easier and safer for investors to commit their resources to this sector.
We are proud to inform you that all projects by Janapriya Ventures are RERA-approved, aligning with our commitment to provide secure and transparent real estate options. Whether you are a first-time homebuyer, a seasoned investor, or someone interested in the nuances of the Indian real estate sector, our blog is a rich resource for you. Gain valuable insights and information, and feel more confident and informed in your real estate decisions.