Is RERA Applicable All Over India? 

The real estate sector in India has historically been fraught with challenges such as project delays, lack of transparency, and disputes between buyers and developers. 

To address these issues, the Parliament enacted the Real Estate (Regulation and Development) Act, 2016 — commonly known as RERA. The primary goal of RERA is to regulate real estate projects, ensure transparency, protect homebuyers, and establish regulatory authorities in every State and Union Territory (UT).

However, one common question arises: Is RERA applicable all over India? This article aims to provide a comprehensive understanding of RERA’s applicability across India, the nuances of State-wise implementation, and what homebuyers and developers need to know.

The Legal Foundation of RERA

RERA is a Central Act passed by the Parliament of India in 2016. It came into force on 1 May 2016 (partially) and was fully implemented from 1 May 2017. The Act mandates that all real estate projects covering more than 500 square meters or more than eight apartments must be registered under RERA before sale or advertisement.

The Act covers:

• Residential and Commercial Projects
• Developers, Promoters, Real Estate Agents
• Establishment of Real Estate Regulatory Authorities and Appellate Tribunals

Its provisions aim to instil confidence among homebuyers and create a transparent ecosystem for real estate transactions.

Does RERA Apply Throughout India?

By virtue of being a Central legislation, RERA was extended to cover the entire territory of India, including all States and Union Territories, through Gazette notifications issued by the Central Government in March and May 2016.

Section 1(3) of RERA empowers the Central Government to extend the Act’s applicability across all States and Union Territories.

Thus, in theory and by law, RERA applies all over India.

Role of States and Union Territories in Implementation

Despite the nationwide extension, the Act requires States and UTs to undertake certain critical steps to make RERA operational locally:

• Notify State-specific Rules: Each State/UT is empowered to frame its own rules under Section 84 of RERA, specifying procedural aspects.
• Constitute Real Estate Regulatory Authority: A regulatory authority to oversee the registration and regulation of real estate projects.
• Establish Real Estate Appellate Tribunal: To hear appeals against orders of the regulatory authority.
• Launch Online Portals: For project registration, public disclosure, and complaint redressal.

These steps are essential for the enforceability of RERA provisions in the respective State or UT.

Status of RERA Implementation Across India

Since RERA’s enactment, most States and UTs have completed these formalities. They have notified their rules, established regulatory authorities, and made online portals functional.

• Major States like Maharashtra, Karnataka, Tamil Nadu, Gujarat, Delhi, and Telangana have well-established RERA authorities.
• Union Territories with Legislatures such as Delhi and Puducherry have also notified rules and operationalised RERA.
• Smaller UTs without legislatures (e.g., Chandigarh, Andaman and Nicobar Islands) follow Central RERA rules directly.

As of mid-2025, the following points summarise the implementation status:

* West Bengal initially did not notify RERA rules but enacted a separate law.

** West Bengal enacted the West Bengal Housing Industry Regulation Act (WBHIRA), which was later challenged and held unconstitutional, leading to subsequent notification of RERA rules.

Special Case: West Bengal and WBHIRA

West Bengal is a notable exception in RERA implementation.

• WBHIRA Act, 2017: Instead of implementing RERA, West Bengal enacted its own real estate regulation law.
• Legal Challenge: The Supreme Court in May 2021 ruled that WBHIRA was repugnant to the Central RERA Act and therefore unconstitutional.
• Subsequent Developments: Following the Supreme Court’s decision, West Bengal notified its RERA rules and set up the regulatory authority, aligning itself with the Central Act.

This illustrates that while RERA is applicable throughout India, States must conform to the Central legislation’s framework and cannot substitute it with conflicting laws.

Exemptions and Non-Covered Projects Under RERA

While RERA applies broadly, certain projects and sales are exempted from registration and compliance:

• Projects less than 500 sq. meters or with fewer than eight apartments.
• Sale of plots alone (not construction).
• Sale of projects under power of attorney (varies with State law).
• Redevelopment projects without an increase in carpet area (varies with State).

Developers and buyers must verify whether a project falls within RERA’s scope based on these criteria.

What Happens if a Project is in a Non-Notified State?

In rare cases where a State or UT has not yet notified RERA rules or constituted an authority, the following applies:

• No RERA Registration Available: Developers cannot register their projects, and buyers cannot avail RERA’s protective provisions.
• Alternative Legal Remedies: Homebuyers may approach Consumer Courts or civil courts for dispute resolution.
• Central RERA Rules: May apply directly to UTs without legislatures.

However, as mentioned, this scenario is increasingly uncommon as most regions have operational RERA frameworks.

Conclusion

To summarise:

• The Real Estate (Regulation and Development) Act, 2016, applies all over India in terms of legislative extension.
• Actual enforcement depends on the State or Union Territory notifying rules, setting up a regulatory authority, and operationalising online portals.
• Most States and UTs have implemented RERA fully, with very few exceptions.
• Homebuyers and developers must ensure projects comply with RERA provisions by verifying registration and authority status.
• The Act has brought much-needed transparency, accountability, and legal safeguards to the real estate sector across India.

By understanding RERA’s applicability and its implementation status in your region, you can make informed decisions and protect your rights in real estate transactions.