RERA Basics for NRI Owners: What the Law Actually Protects (and What It Doesn't)

What RERA is, in five facts

• Every state has a RERA authority with its own public portal. Projects and agents register with the state regulator — for Jaipur and the rest of the state, that is RERA Rajasthan.
• Registration is mandatory for most residential/commercial projects beyond a small-size cutoff (broadly, land over 500 sq m or more than 8 units). Selling or even advertising an unregistered notifiable project is illegal.
• 70% of buyer money must sit in a project-specific escrow account, withdrawable only against certified construction progress — the rule that ended the era of your money funding the builder's other project.
• Sale must be on carpet area (the area within the walls of your unit), uniformly defined — not the inflatable 'super built-up' figures of the past.
• Delay has a price: if the promoter misses the registered possession date, the buyer can exit with a full refund plus prescribed interest, or stay and receive monthly interest for the delay.

The 15-minute check every NRI should run before paying a rupee

Everything a promoter registers is public. On the state RERA portal (rera.rajasthan.gov.in for Jaipur), search the project by name or registration number and read the actual filings — not the brochure. This is the highest-value quarter hour in the entire purchase, and it can be done entirely from abroad.

1. Confirm the project is registered and the registration is live — note the registration number; it must appear on every advertisement.
2. Check the declared possession date on the portal against what the sales office told you. The portal date is the one with legal consequences.
3. Open the quarterly progress updates (promoters must file them) — a project whose updates have stopped is telling you something.
4. Read the litigation disclosures and the title report filed with the registration.
5. Verify the land title and approvals list matches what is being sold — tower, phase, and unit count.
6. If an agent is involved, check the agent's own RERA registration. Unregistered agents cannot legally sell registered projects.

At the agreement stage: what RERA standardised

RERA capped the booking amount a promoter may take before signing a written, registered agreement for sale at 10% of the cost. The agreement must follow the state's prescribed form, stating the carpet area, the possession date, the payment schedule linked to construction stages, and the interest both sides owe on default — the same rate for promoter and buyer, ending the old asymmetry where buyer delays cost 18% and builder delays cost nothing. Alterations to your unit's plans after sale need your consent; major changes to the project need two-thirds of buyers.

When things go wrong: the complaint machinery

A buyer — resident or NRI — can file a complaint with the state RERA authority against a registered project for delay, deviation from the sanctioned plan, misleading advertising, or refusal to honour the agreement. Filing is online, the fee is modest, and authorities are directed to dispose of complaints within about 60 days. Orders can direct refund with interest, monthly delay compensation, or specific performance; appeals go to the state's Appellate Tribunal. An NRI can prosecute the entire process remotely through an authorised representative under a specific PoA.

What RERA does not do (the part sales offices skip)

• It barely touches the resale and rental market — a completed flat bought from another owner, or a tenancy dispute, is outside RERA's core machinery.
• It does not verify that a project is a good investment, or that the promoter is solvent — registration is disclosure, not endorsement.
• Projects that received completion certificates before RERA, and small projects under the size cutoff, sit outside registration.
• Enforcement speed varies by state; a favourable order still needs execution, and recovery from a broke promoter is slow in any legal system.
• It does not protect against the oldest fraud of all: someone selling property they don't own. Title diligence remains your job.

Already own? What RERA means after possession

RERA obliges the promoter to fix structural and workmanship defects reported within five years of possession, free of cost, within 30 days. It also requires the promoter to form the owners' association and hand over common areas and accounts. For an absentee owner, the practical challenge is noticing defects inside the five-year window — cracks, seepage, and substandard fittings announce themselves slowly, which is exactly what periodic documented inspections are for.

Where a property manager fits in

Vasaaya is not a broker and does not sell projects — we manage what you already own, and that independence is the point. For owners, our geo-tagged inspection visits create the dated defect record that a five-year RERA defect claim needs; our document vault holds your agreement, allotment letter, and possession papers with expiry tracking; and our alerts flag the deadlines (defect window, association handover) that absentee owners otherwise discover too late.

This guide is general information, not legal, tax, or financial advice. Rules change and your situation is specific — always confirm with a chartered accountant or lawyer before acting. Figures reflect the law as of the date shown above.