RERA is implemented state by state, so the answer depends on where the project sits. The recurring questions are whether a completed project still needs registration, what disclosure applies at sale, and how agents must be registered. Confirm your own position with your adviser. This is general background, not legal advice.
This article is general background for developers and is not legal advice. RERA is implemented state by state, with different rules and authorities, and the position changes. Confirm anything specific with your legal adviser and your state authority before acting.
Selling the tail of a project raises a set of recurring compliance questions. This article sets out what those questions are and where the answers come from — not what the answer is for your project, because that depends on your state and your specific facts.
Why this is state-specific
The Real Estate (Regulation and Development) Act, 2016 is central legislation, but rules are notified by each state and implemented by each state’s authority. Registration thresholds, disclosure formats, advertising requirements, agent registration and penalties differ.
Anything you read online that states a single national position on these points should be treated with caution, including practice at a peer developer in another state.
The questions that actually come up
Does a completed project still need registration for the remaining units? The treatment of ongoing versus completed projects, and what counts as completion for this purpose, is defined at state level. This is the first question to put to your legal adviser, because the answer determines almost everything else.
What must appear in advertising? States commonly require registration details to be shown in project advertising and marketing material. What exactly must appear, in what form, and across which media, is specified by your state’s rules — including for digital advertising and portal listings, which developers frequently overlook.
What disclosures go to a buyer, and when? Approvals, plans, area details, timelines and the agreement format are covered by the state rules. Getting the timing right matters as much as the content.
Do the brokers selling my project need registration? Agent registration requirements exist and are enforced. See RERA agent registration.
How must carpet area be stated? The Act defines carpet area and states require it to be used in specific ways. See carpet area disclosure.
The practical developer view
Two things are worth saying plainly, and neither is legal advice.
Compliance is a sales asset, not just an obligation. Buyers of ready flats are cautious, and increasingly they check. A developer who produces registration details, approvals and area statements immediately and without hesitation converts better than one who says “we’ll send it”. The document delay is read as a red flag whether or not it is one.
Your team must have the documents to hand. The most common failure is not non-compliance — it is a site executive who cannot produce compliant documentation during a visit, or a broker quoting from an outdated set. Both cost you buyers and both are fixable this week.
What to do
Ask your legal adviser three specific questions:
- What is our registration position on this project’s remaining inventory, in this state, today?
- What exactly must appear on each of our advertising surfaces — hoardings, brochures, website, portal listings, social posts?
- What is our disclosure obligation to a buyer, and at which stage?
Then put the answers in a single sheet that every person who speaks to a buyer has, and refresh it when the rules change.
Related reading
- Occupancy Certificate and Completion Certificate: What Buyers Are Really Asking
- Carpet Area, Built-Up, Super Built-Up: Getting Disclosure Right
- RERA Agent Registration: What Developers Should Check
- Buyer Data and the DPDP Act: What Developers Should Be Thinking About
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Frequently asked questions
Does RERA apply to selling unsold flats in a completed project?
The treatment of completed versus ongoing projects is defined at state level. Confirm your specific position with your legal adviser and state authority.
What must be included in real estate advertising under RERA?
States commonly require registration details in marketing material, including digital listings. The exact requirement is set by your state’s rules.
Is RERA the same across India?
No. The Act is central, but rules, authorities, thresholds and enforcement differ by state.