Quick Answer
A property may be non-RERA for two legitimate reasons — it's a small project (under 500 sq m or 8 units) or it was completed before RERA came into force — or one illegitimate reason: the promoter should have registered but didn't. Non-RERA properties lose escrow protection, carpet-area pricing, the RERA complaint forum, and the 5-year defect liability. Always verify the registration number directly on the state RERA portal rather than accepting a verbal explanation.
Legally exempt — small project
Land up to 500 sq m or up to 8 apartments. Common for individual plot sales and small standalone buildings.
Legally exempt — pre-RERA completion
The project received its completion certificate before the Act commenced in the relevant state, so registration was never required.
Non-compliant — should be registered but isn't
The project exceeds the exemption threshold and is still selling units, but the promoter has not registered. This is a violation, not an exemption.
The first two are legitimate and common — plenty of legal, well-built properties fall outside RERA's scope simply because of size or timing. The third is the one that should stop any recommendation until it's resolved.
Protection
RERA Property
Non-RERA Property
Pricing basis
Carpet area only, by law
Whatever the developer chooses to quote
Fund usage
70% escrow, restricted to that project
No restriction on fund usage
Delay remedy
Section 18 — refund + interest, or monthly interest
Civil suit / consumer forum only
Dispute forum
RERA Authority — faster, less formal
Civil court or consumer commission — typically slower
Defect liability
5-year structural defect liability (Section 14)
Governed only by the sale agreement's own terms
Agent accountability
Agent must be RERA-registered too
No registration or accountability framework applies
Agent Liability Note
Knowingly facilitating the sale of a non-exempt, unregistered project is a violation an agent can be personally penalised for — not just the promoter. Verifying registration status is not optional due diligence; it's a compliance requirement under Section 10.
Frequently Asked Questions
What does it mean if a property is not RERA-registered?
It means the project either qualifies for a legal exemption (small projects under 500 sq m or 8 units, or projects completed before RERA came into force), or the promoter has failed to register despite being required to — which is a violation with penalties.
Which projects are legally exempt from RERA registration?
Projects on land up to 500 square metres or with up to 8 apartments, projects that have already received a completion certificate before the Act commenced, and certain renovation or repair works not involving new sale, are generally exempt — subject to specific state rules.
Can I still buy a non-RERA property?
You can, but you lose RERA-specific protections such as the 70% escrow rule, carpet-area-only pricing, and the fast-track RERA complaint forum. Any dispute would instead go through standard consumer or civil court, which is typically slower.
How do I check if a specific project is RERA-registered?
Search the project name or its RERA registration number on the relevant state RERA portal, such as maharera.maharashtra.gov.in, hrera.org.in, or rera.punjab.gov.in, and confirm the registration is active and the details match the project.
Can an agent be penalised for marketing a non-exempt, unregistered project?
Yes. Knowingly facilitating the sale of a project that should be registered but isn't is a compliance violation for the agent too, under Section 10 of the RERA Act — not just the developer. Verifying registration status before marketing any project is a legal requirement, not optional due diligence.
Is a completion certificate enough proof that a project is legitimately RERA-exempt?
It is strong evidence when the certificate predates the state's RERA commencement date, but always check the certificate's actual date rather than accepting the promoter's claim at face value — a certificate issued after RERA came into force in that state does not qualify a currently-selling project for exemption.
Do resale (secondary market) properties need RERA registration?
RERA primarily governs the primary sale of under-construction and new projects by a promoter. A pure resale transaction between two private individuals for a completed property does not itself require fresh RERA registration, though the original project's RERA status is still worth checking as part of due diligence.
Change Log
Sep 21, 2026 — Converted FAQ to single-source array (visible content and schema now generated from one place), expanded FAQ from 4 to 7 questions, added Quick Answer summary.
Sep 20, 2026 — Initial guide published.
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