Is RERA a Nationwide Law? Exploring Its Coverage Across India

Introduction

India’s real estate sector has historically faced severe issues—unregulated growth, delayed possessions, misleading advertisements, and developers operating with impunity. In a bid to protect homebuyers and boost transparency in real estate transactions, the Government of India introduced the Real Estate (Regulation and Development) Act, 2016 (RERA).

This revolutionary law has changed the real estate landscape dramatically. But one question continues to baffle many:

Is RERA applicable all over India?

This blog offers a comprehensive understanding of RERA's nationwide applicability, state-specific implementation, exceptions, and what it means for you as a homebuyer or developer.

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What is RERA and Why Was It Enacted?

The Real Estate (Regulation and Development) Act, 2016, was enacted to bring order to a largely unregulated sector. Its key goals include:

1. Protecting homebuyers from fraud and delays.

2. Making developers accountable through mandatory project disclosures.

3. Ensuring timely project delivery.

4. Introducing a dispute resolution mechanism via Appellate Tribunals.

The Act mandates that all real estate projects of a certain size (500 sq. meters or more, or more than 8 apartments) must be registered with a state-specific Real Estate Regulatory Authority (RERA).

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The Legal Foundation of RERA: Central Legislation Explained

RERA is a central law passed by the Indian Parliament in 2016. As per Section 1(3) of the Act, the Central Government has the power to notify the date on which the Act will come into force in different states and Union Territories (UTs).

• Partial enforcement: 1 May 2016

• Full enforcement: 1 May 2017

It was designed to be implemented across India, but real estate being a subject under the Concurrent List, States have the autonomy to create rules for its implementation.

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Does RERA Apply Across All Indian States and UTs?

Legally, yes. RERA is applicable across the entire country.

However, in practice, RERA’s enforcement depends on each State or Union Territory notifying its rules under Section 84 of the Act. Each State is also required to:

1. Set up a Regulatory Authority.

2. Establish a Real Estate Appellate Tribunal (REAT).

3. Create an online portal for project registration and public access to project details.

So while the law applies to all States and UTs in theory, its effectiveness varies by region depending on how well these implementation steps have been followed.

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The Role of States in RERA Implementation

Although RERA is a Central law, its successful execution depends on the State Governments taking certain crucial steps:

This structure makes RERA both centralized and decentralized—a national law enforced through state-level mechanisms.

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RERA Implementation Status Across India

Here’s a snapshot of the implementation status as of 2025:

Key Insight:

Most States and UTs have fully operational RERA systems, while a few North-Eastern States and smaller UTs lag in implementation.

West Bengal and the WBHIRA Controversy

West Bengal presented a special case. Instead of implementing RERA, the State passed its own law in 2017 called the West Bengal Housing Industry Regulation Act (WBHIRA).

Why the Controversy?

1. WBHIRA replicated many RERA provisions but was viewed as a parallel and conflicting law.

2. In May 2021, the Supreme Court of India declared WBHIRA unconstitutional, stating that State laws cannot override Central legislation.

3. Post this ruling, West Bengal adopted RERA, notified the rules, and established the State RERA authority.

This ruling reaffirmed that RERA is supreme and binding across all States and UTs.

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Are There Projects Exempted From RERA?

Not all real estate projects fall under the purview of RERA. The following are exempted:

1. Projects with land area less than 500 sq. meters or fewer than 8 apartments.

2. Projects completed before RERA notification in the State.

3. Projects involving renovation or redevelopment without new allotments.

4. Sale of plots where construction is not planned.

5. Projects under certain government or public agencies.

These exemptions can vary slightly depending on State rules.

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What Happens in States Without Notified RERA Rules?

In rare cases where States or UTs have not notified RERA rules, here’s what happens:

1. Developers cannot register their projects under RERA.

2. Homebuyers lose access to RERA’s grievance redressal mechanism.

3. Buyers may resort to Consumer Forums or civil courts.

4. For UTs without legislatures (e.g., Lakshadweep), the Central Government's RERA rules apply directly.

As of 2025, this situation applies only to a handful of regions.

Benefits of RERA for Homebuyers and Developers

For Homebuyers:

1. Mandatory registration of projects ensures transparency.

2. Access to project details online (plans, approvals, possession date).

3. Timely possession or compensation in case of delay.

4. Dedicated platform for complaint filing and dispute resolution.

For Developers:

1. Credibility boost for RERA-registered builders.

2. Standardized contracts and legal clarity.

3. Increased buyer confidence and smoother project funding.

Key Challenges in Uniform RERA Implementation

Despite national coverage, some challenges remain:

• Lack of awareness among buyers, especially in rural areas.

• Inconsistent enforcement across States.

• Delays in setting up tribunals in some States.

• Conflicts with legacy laws or State-specific real estate norms.

To overcome these issues, awareness drives and stricter Central monitoring are needed.

Latest Developments and Compliance Updates (2025)

• Maharashtra RERA (MahaRERA) now requires developers to submit quarterly progress reports with drone footage.

• The Central Advisory Council on RERA held its latest meeting in March 2025 to review compliance gaps.

• Nagaland and Arunachal Pradesh are under pressure from the Centre to implement RERA by the end of 2025.

• A proposal is under consideration to integrate RERA data with National GIS mapping for greater transparency.

Conclusion: RERA as a National Framework with Local Impact

To sum it up:

RERA is a Central law and legally applicable all over India.
However, its implementation depends on individual State actions.
Most States and UTs have implemented RERA with working authorities and portals.
A few regions, like Nagaland and Arunachal Pradesh, are still pending.
Homebuyers must check if their project is RERA-registered before investing.
Developers must comply with State-specific RERA rules for registration, updates, and disclosures.

RERA has brought much-needed discipline, accountability, and structure to the Indian real estate sector. It empowers buyers, regularizes builders, and provides a solid dispute resolution platform—all signs of a maturing real estate ecosystem.