Real Estate (Regulation and Development) Act (RERA) was a new policy that was launched in 2016 as an effort to regulate the real estate sector in India with transparency, accountability and conscious justice. As far as the attention of builders and developers had been received, the members of housing societies and apartment owners should also learn how bcoming compliant with the RERA will relate to them.
This blog goes through all the facts about the RERA compliance that the homeowners must be aware of, particularly in housing societies. If you are an inhabitant of a ready residential building or a member of an emerging society, keep yourself informed about the rights and duties of RERA to save your money and not be a victim of unjust rule.
What Is RERA and Why Does It Matter for Housing Societies?
RERA is a status that prevents and controls real estate projects to defend property buyers by enhancing genuine trading. It is applicable to under-construction, as well as the completed housing projects that satisfy some criteria.
For housing societies, RERA becomes relevant in the following situations:
- When the project is still under construction or yet to receive the completion certificate (CC)
- When common facilities or promised amenities are incomplete
- When the builder has delayed possession or abandoned the project
- During the transfer of the project to the Residents’ Welfare Association (RWA) or Cooperative Housing Society
Key RERA Compliance Aspects for Housing Societies
Here are the essential points housing society members and owners must understand about RERA compliance:
1. Mandatory Registration of Projects
All projects whose area is above 500 sq. meters or which are comprising above 8 units have to be registered with State RERA Authority under RERA. These are residence complexes, villas, row houses as well as townships.
If your builder hasn’t registered the project, residents have the right to demand registration or file a complaint.
2. Builder Obligations Before Handover
Before handing over control to the society, builders must:
- Obtain a Completion Certificate (CC) or Occupancy Certificate (OC)
- Clear all dues and liabilities
- Transfer all documents, approvals, and records
- Form a legal entity for residents (like a society or RWA)
Societies should ensure these steps are followed. Non-compliance can lead to future legal complications.
3. Formation of Housing Society or RWA
RERA mandates the builder to facilitate the formation of a cooperative housing society or RWA within 3 months after 51% of the total units are sold.
Owners should verify whether the society has been registered and whether the handover from the developer was completed as per legal standards.
4. Defect Liability Period
RERA provides a 5-year defect liability period after possession. During this time, the builder is responsible for rectifying any structural defects, poor workmanship, or service failures at no extra cost to homeowners.
Society members can jointly approach the developer or file a complaint with RERA if defects are not addressed.
5. Common Area Handover
Builders must transfer rights over common areas like lobbies, elevators, clubhouses, gardens, and parking areas to the housing society.
In many cases, disputes arise when developers illegally retain control over these facilities. RERA allows homeowners to challenge such actions and demand rightful ownership.
RERA Compliance Checklist for Housing Societies
Here’s a simple table outlining key compliance checks societies should carry out:
| Compliance Requirement | What to Check | Who Is Responsible |
|---|---|---|
| Project Registration | Verify RERA registration number | Builder |
| Completion/Occupancy Certificate | Ensure CC/OC is issued before possession | Builder, verified by Society |
| Society Formation | Confirm if society or RWA is registered | Builder initially, then Owners |
| Transfer of Documents & Deeds | Check if all original plans, approvals, and legal documents are handed over | Builder |
| Common Area Handover | Ensure legal transfer of common spaces to the society | Builder, with society review |
| Pending Litigation | Confirm no ongoing RERA disputes against the builder | Legal Committee of Society |
| Annual Maintenance Dues | Review charges collected and expenses till handover | Builder and Society Treasurer |
| Defect Liability Period | Keep records of complaints and response timelines | Builder (within 5 years) |
Rights of Apartment Owners Under RERA
As a homeowner or society member, RERA empowers you in several ways:
- Right to Information: You are entitled to know about project approvals, layout plans, delivery timelines, and amenities.
- Right to Possession: You have the right to timely possession of your unit and common areas.
- Right to Refund and Compensation: If there is a delay or deviation from the promised delivery, you can claim compensation or refund with interest.
- Right to File Complaint: You can file a complaint online with your state RERA authority in case of non-compliance or disputes.
What Happens If the Builder Doesn’t Comply?
In many cases, builders may fail to:
- Register the project under RERA
- Hand over society formation responsibilities
- Transfer the common areas
- Fix defects during the liability period
In such cases, the housing society or individual owners can take the following actions:
- File a Complaint with RERA Authority: This is the most direct route. Complaints can be filed online on your state’s RERA portal.
- Approach the Consumer Court: If there’s financial loss, you can approach consumer courts along with or instead of RERA.
- Collective Legal Action: Societies can initiate group litigation or arbitration for faster resolution.
Practical Tips for Housing Societies
To ensure RERA compliance and protect residents’ interests, here are some practical steps:
- Form a legal subcommittee within the RWA or society to monitor compliance
- Regularly check the status of the project on the state RERA website
- Keep all documentation, email communication, and builder receipts
- Hold formal meetings to discuss builder obligations and next steps
- Educate members about their rights under RERA
- Engage a legal expert if the builder delays handing over documents or ownership
State-Specific Considerations
Each state in India has its own RERA website and regulatory authority. While the core law remains the same, certain processes and documentation can vary.
Here are links to popular RERA portals (just for reference; you can visit them via search):
- Haryana: haryanarera.gov.in
- Maharashtra: maharera.mahaonline.gov.in
- Karnataka: rera.karnataka.gov.in
- Uttar Pradesh: up-rera.in
Before taking any step, always confirm the current legal status of your project on the respective portal.
RERA compliance is not just a builder’s responsibility—it directly impacts homeowners and housing societies. Being proactive, informed, and legally aware can help residents avoid future complications and safeguard their property rights. Whether it’s demanding defect rectification, ensuring common area handover, or checking the project’s registration status—knowledge of RERA empowers homeowners to take control of their investment.
