RERA will transform the real estate sector by increasing transparency and accountability. In the short term, real estate launches may decline as developers work to comply with new RERA and GST regulations. Prices may initially rise as unsold inventory is cleared, and supply will shrink as only compliant developers launch new projects. However, builders will adapt over time by launching projects in phases to avoid penalties and incorporating additional costs into prices. Overall, RERA will establish standards that improve consumer protection and confidence in the industry.

1. RERA AND ITS IMPACT
(RERA - Real Estate Regulation and Development Act)
Dr.Sharon Sheregar
Deepak Narayanswamy
NMIMS

2. Indian Real Estate Market – A glance
•Indian RE industry is a 123 bn $ market as of 2013 and expected to become 853 bn $
by 2028
• CAGR of 15% for the period from 2008 -2028
• Robust demand for real estate due to increasing urban population
•Increasing FDI, PE and debt investments
• Policy support – PMAY (Pradhan Mantri Aawas Yojna)
• Residential sector contributes ~ 80% of real estate sector
• Other sectors include commercial space, retail space, hospitality, SEZs etc.
• Mumbai and Bengaluru – top real investment destinations in Asia
• Demand supply gap as high as ~ 80% in the low income group
Ref: ibef.org/real-estate

3. Journey so far – Why RERA?
• Real estate sector - Growing significantly but largely unregulated
• Lack of transparency
• System opaque with respect to price, delays, quality, ownership title and
litigations
• Delays in delivery of property to buyers
• Misleading homebuyers regarding property details
• Stepping beyond permissible FSI
• Lack of standardization and consumer protection
• Consumer Protection Act was the only source of recourse
• Preferred option for parking black money

4. Why RERA?
Every 3rd house is delayed by >2 years across the country is in the NCR and one in the four
such houses is in the Mumbai region
About 29.23 lakh houses under construction are delayed and more than 50% of these are
delayed by at least 1 year or more
Ref: centrik.in

5. What is RERA or RERA Act 2016
Act to :
• Establish real estate Regulatory Authority for regulation and
promotion of real estate
• Enable sale of plot/flat in an efficient and transparent manner
• Protect interest of consumers
• Establish an adjudicating mechanism for grievance redressal
• States to form rules as per the Act
Ref: THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 1st May 2016

6. Key Features of RERA
RERA registration
mandatory*
Total price to
include break-up
and is escalation
free
Voluntary
withdrawal by
allottee
Mandatory
disclosures by
builder
Disclosure of
timeline for
balance
construction
Exemption for
seeking 2/3
consent of
allottee
Deposit of 70%
realization –
past or future
receivables
Disclosure of
carpet area
Registration fee
– as per rate
defined by state
RERA
Litigations to be
disclosed
Updating details
online and land
title search
report
Penalties for
delays and
offences

7. RERA – Expected benefits
• Simplified Procedures: Mandatory for every state and union territory to have
online registrations. Documentation processes made easy, consumers will benefit
and save time
• Transparency: Consumers can track the developments of the projects. All plan
layouts and documents will be uploaded on the site
• Timely Possessions: RERA will ensure customers will not have to face any delay in
possession
• Trustworthy: RERA will make consumers and developer relationship stronger,
thereby encouraging more investments.
• Grievance Redressal: Authority to address grievances and complaints associated
with real estate investments.

8. Scope of RERA
Scope
of RERA
Under
construction
& new
projects
Residential
and
commercial
Real estate
agents and
brokers too
under
purview
All states
and Union
Territories

9. Impact of RERA on Real Estate Market
Reduced risk for
consumer
Short term drop in
NPL
Increased entry
barrier
More Joint
Development
projects
Possible increase in FDI
and PE funding
Regulated
Environment

10. Impact of RERA on Sellers
• Initial Backlog
– Additional effort to get existing projects
registered, clear unsold inventory
• Increased project cost
– Window of price escalation reduced
– Only legal funds to be used
• Tight Liquidity
– No more pre-launches to generate funds
• Rise in cost of capital
– Increased construction cost
– Escrow account
• Consolidation
– No more fly by night builders
• Increase in project launch time
– Raising funds
– Getting required approvals
• Increase efficiency
– Due to compliance requirements
• More best practices
– Only genuine builders
• Consolidation of sector
– Established builders with funds will survive
• Corporate branding
– Through Quality and compliance
• Higher investment
– Due to less risk and increased transparency
• Increase in organized funding
– Due to inherent nature of the law

11. Impact of RERA on Buyers
• Rise in prices
– Due to increased project cost
– Compliance to committed quality
– Only genuine and branded builders
• Less negotiation power for buyers
– Increased transparency
• Almost white transactions
– Little scope for cash transactions
• Supply likely to reduce
– Builders will initiate less risky projects
• Demand likely to go up
– Increased confidence among buyers
• Significant protection
– RERA assurance
• Quality products and timely delivery
– Commitments to match reality
– Penalties for delays
• Grievance redressal mechanism in place
– One of the objectives of RERA
• Balanced agreements
– No hidden clauses
• Carpet area
– Disclosed upfront as per RERA
• Transparent utilization of buyer’s money
– Reduced cross utilization of funds

12. RERA impact: Banks and loans
• Banks now seek higher collateral from developers to avoid NPAs
• Initial fall in demand for loans due to RERA backlog
• As per experts, demand for loans has begun to stabilize and will soon
show growth
• Home loan growth -37% Apr-Oct 17 yoy, 2016 (+ 4.27%) and 2015
(+26.89%) (Ref: CMIE)
• Post RERA implementations, Private Equity Players (PE), Banks and other
Non-banking financial Companies (NBFCs) will not hesitate in funding
projects proposed by developers.

13. Recent trends in housing loan
https://m.rbi.org.in/scripts/BS_ViewBulletin.aspx?Id=17314

14. Figures pre and post RERA
Ref: indianexpress.com

16. New launches – Before and just after RERA
“The Government’s recent thrust on affordable housing through policy measures, viz.,
government incentive schemes, accordance of infrastructure tag, interest subsidy scheme
under PMAY have resulted in sharp rise in new housing projects in the affordable segment
for low income groups. From the consumers’ perspective, while availability of low cost
credit is driving the demand for affordable housing, policies like Real Estate Regulatory
Authority (RERA) Act may infuse fresh buyer interest in the reality sector.” – RBI 10th Jan 18

17. RERA and impact on Demand & Supply

18. REAL RERA
Indianexpress.com
Jan 2018
Builders give flat buyers one delivery deadline
and RERA a later one

19. Challenges with RERA
• Banks calling for additional collateral
• Delay in appointment of regulator
• Due diligence still required as incomplete information / non-
compliance still exists
• More scope for red-tapism as approval is rate limiting for
project success
• Who will bear the cost of delay in approval is not laid down

20. SUMMARY
• Launches to remain restricted for few quarters to work along the RERA and GST norms.
• Increased transparency and accountability will be seen. Developers will not risk commencing
until RERA compliant
• Prices may increase once the unsold inventory gets cleared.
• Supply will shrink as only developers adhering to rules will be able to launch fresh projects.
• There will be phased launch of projects to avoid penalties
• Builders will bounce back with newer strategies and RERA-compliant projects in the market.
• With numerous steps involved in the project, the timeline between the announcement of the
project and the final project launch will increase.
• Prices of new projects are expected to count in the expense bearing on the total project cost.
• RERA will have a far-reaching impact on the sector and will transform its working mechanism
altogether.