How to check a RERA project registration in India

What registration gives you

Registration puts the project’s details on a public page that the promoter must keep up to date: the registration granted, the number and type of apartments booked, the list of approvals taken and pending, and the status of the project, several of them updated quarterly (s. 11(1)). The registration is valid for the completion period the promoter declared (s. 5(3), MoHUA FAQ Q41). It does not certify that the building is sound or the title perfect; it makes the promoter answerable on a public record.

Step by step

1. Find the number. Ask the seller for the RERA registration number and read the advertisement: the Act requires it, with the authority’s web address (s. 11(2)). No number on a project that is marketed is a red flag unless the project is exempt.
2. Go to the right authority. RERA is state-wise: the authority is that of the state or UT where the land lies. The portals I read are for Uttar Pradesh, Haryana, Goa and Rajasthan. For other states, search for “Real Estate Regulatory Authority” with the state name and use the .gov.in portal.
3. Search the project. On the UP-RERA home page, for example, there are lists of registered projects, completed projects, de-registered projects and projects before the NCLT and projects in abeyance. Check which list your project is in.
4. Read the project page. Compare the promoter name, the project name, the number of units and the carpet areas, the declared completion date, the sanctioned plan and the approvals with what you were shown.
5. Check the money rules. The promoter must keep 70% of the amounts received from buyers in a separate bank account for the construction and land cost (s. 4(2)(l)(D)). The MoHUA FAQ is clear that this is not an escrow account needing the authority’s approval for withdrawal. Withdrawals follow the percentage of completion and certification by an engineer, an architect and a chartered accountant.
6. Read the declaration on land. The promoter declares that the land is free from encumbrances or lists them (s. 4(2)(l)(B)); compare with your own title search.
7. Check the agent. A real estate agent must also be registered with the authority for projects registered under s. 3 (s. 9). UP-RERA has an agent list.

Which projects are exempt

Registration is not required where (s. 3(2)): the land does not exceed 500 square metres or the project has no more than eight apartments, all phases included; a completion certificate was received before the Act began; or the work is renovation or repair that involves no marketing or sale. Each phase of a phased project is a stand-alone project and must be registered separately. States may lower the thresholds. Ongoing projects without a completion certificate had to register within three months of the Act.

If something is wrong

• A buyer who pays more than 10% before a registered written agreement for sale breaks s. 13: see agreement for sale.
• If possession is late, s. 18 gives the allottee the choice of a refund with interest and compensation, or interest for each month of delay.
• Structural or workmanship defects reported within five years of possession must be repaired free within 30 days (s. 14(3)).
• A complaint can be filed with the authority or the adjudicating officer (s. 31).
• Some authorities treat approval as deemed: if the authority does not decide within 30 days, the project is deemed registered (s. 5, UP-RERA FAQ Q32). “Registered” therefore does not always mean “inspected”.

Which professional to consult

A property lawyer (advocate) enrolled with the State Bar Council to read the agreement against the project page; a registered valuer or an architect if you want the building assessed. See real estate agents for how agent registration works.