RERA applicability by state

Start with the project location

Use the authority for the state or union territory where the property is located. Identify the planning area, sanctioned project boundaries and each proposed phase. The promoter’s registered office is not a substitute for the project location.

Prepare a state-specific assessment using the current rules, authority orders and portal instructions. A registration or conclusion for one development should not be copied to another without reviewing its facts.

The central registration framework

Section 3 requires registration before promoting or selling a covered project. Its exemptions address land not exceeding 500 square metres or no more than eight apartments inclusive of all phases, pre-commencement completion certificates, and specified renovation or redevelopment without new marketing or allotment. Governments may reduce the size thresholds. Check applicable state provisions and interpretations before relying on an exemption.

Each phase is treated separately for registration under the Act. Do not split the facts into isolated buildings to avoid considering the full development.

Build a state comparison file

• Applicable authority and jurisdiction over the project location.
• Current threshold notifications, exemption guidance and relevant authority decisions.
• Project-registration forms, fees, required certificates and portal workflow.
• Advertising instructions, registration-number display and any prescribed QR-code requirements.
• Reporting calendar, extension process and completion or closure requirements.

Prepare the project evidence

• Land title documents, encumbrance information and development agreements.
• Sanctioned plans, permissions, layout and phase schedules.
• Promoter identity, ownership and authorised-signatory records.
• Project cost, finance arrangements, completion schedule and proposed disclosures.
• Draft buyer documents, proposed marketing material and the factual basis for any claimed exemption.

Agent registration is a separate question

Section 9 addresses agents facilitating specified sales in registered projects. A project’s registration does not register the broker. Review the person’s activity, the project and the state’s agent process before commencing the engagement.

Keep agent authorisation and registration evidence with the marketing file. Confirm that descriptions, prices and completion representations match the approved information and actual instructions from the promoter.

Example: the same developer in two states

A developer planning projects in two states should maintain two applicability files. Even with a similar design, the sanctioned area, phase structure, local notifications and procedural requirements may differ. One team can coordinate the work, but each conclusion should identify its own authority and evidence.

From assessment to ongoing compliance

First document the registration or exemption conclusion. Where registration is required, assemble the application, resolve authority queries and retain the issued record before beginning covered promotional activity. Set up a reporting owner and calendar at the same time.

Review changes to the project, approvals, ownership, delivery schedule or marketing commitments before implementing them. Keep correspondence and updated disclosures in a dated file so that the original application does not become the only record of a changing development.