Gujarat RERA’s Circular No. 97: A Leap Towards Enhanced Transparency and Accountability in Real Estate Advertising

In its continuing effort to improve transparency and protect the interests of stakeholders in the real estate sector, the Gujarat Real Estate Regulatory Authority (GujRERA) has issued Circular No. 97. This circular, effective from October 1, 2024, builds upon the foundational regulatory framework established by earlier CircularsNo. 13 and 18, introducing additional measures that modernize and enhance the standards of advertising for real estate projects in Gujarat.

Background and Evolution of GujRERA Regulations

Circulars No. 13 and 18 had already laid the groundwork for transparency by mandating that real estate advertisements prominently display the 8-digit RERA registration number along with the GujRERA website address. These regulations required that the fonts used for this information be of equal or larger size than the contact details provided in the advertisements. This requirement was intended to ensure that potential buyers had easy access to critical project information, thus promoting transparency in a sector thathas often been criticized foropaque practices.

Key Provisions of Circular No. 97

In Circular No. 97, GujRERA has not only reaffirmed its commitment to transparency but also introduced additional elements aimed at embracing modern technology. The circular provides clear instructions for the mandatory inclusion of the following in all advertisements and brochures related to real estate projects:

1. 8-digit RERA Registration Number and GujRERA Website:

Continuing the requirement set by the earlier circulars, Circular No. 97 mandates that the 8-digit RERA number, along with the GujRERA website (www.gujrera.gujarat.gov.in), must be displayed in advertisements. These details must be easily legible, with font sizes large enough to ensure clarity. The intention is to allow potential buyers to readily access the GujRERA portal for detailed information about a given project.

2. Inclusion of a QR Code:

A significant addition introduced in this circular is the requirement to include a Quick Response (QR) code in all advertisements, brochures, and prospectuses. The QR code, provided in the RERA registration certificate, will allow stakeholders— homebuyers, investors, and other interested parties— to scan and instantly retrieve detailed information about the project. This integration of digital tools underscores GujRERA’s vision of a more tech-savvy, informed real estate market where information is just a smartphone scan away.

3. Legibility and Visibility Standards:

To ensure the effectiveness of these measures, the circular emphasizes that the fonts used for the RERA registration number and GujRERA website must be clearlylegible, leaving no room for ambiguity or obfuscation. By making the readability of this information mandatory, GujRERA is addressing any attempts to bury or obscure critical information in the fine print of advertisements.

4. Withdrawal of Circulars No. 13 & 18:

With the introduction of Circular No. 97, the older Circulars No. 13 and 18 stand withdrawn. The latest circular supersedes the previous ones, streamlining the requirements and adding the new provision for QR codes.

5. Full RERA Number for Legal Documents:

Another important clarification in the circular is that the full RERA registration number must be used in critical legal documents, such as Agreements for Sale (AFS), sale deeds, and other binding agreements. While the 8- digit code may suffice for advertisements, legal documents must include the complete RERA number to avoid any confusion or misrepresentation.

Implications for Promoters and Stakeholders

Circular No. 97 is set to have significant implications for real estate developers, promoters, and other stakeholders in Gujarat. The regulatory framework is clearly designed to enhance transparency, promote informed decision-making, and reduce the potential for fraudulent or misleading advertisements. By making it easier for consumers to verify project details using the QR code and the GujRERA website, the circular provides a more direct, user-friendly mechanism for ensuring compliance with RERA guidelines.

Developers and promoters will need to ensure strict adherence to these new requirements to avoid potential penalties. The inclusion of the QR code, in particular, is a step towards modernizing the interaction between the industry and its consumers, making it easier for stakeholders to access verified information quickly. Additionally, failure to comply with these guidelines post-October 1, 2024, could result in penal consequences as per the RERA Act, a clear indication that the authority is taking compliance seriously.

The Path Forward

The introduction of Circular No. 97 demonstrates GujRERA’s proactive approach in using technology to enhance the transparency and accountability of real estate transactions. By implementing these regulations, the authority is not only safeguarding consumer interests but also strengthening the overall credibility of Gujarat’s real estate sector.

The mandatory use of QR codes in particular reflects an understanding of the need for quicker, easier access to project information in the digital age. In a sector often fraught with complexity and opacity, these measures represent a leap towards greater transparency and trust.

As the circular comes into effect, it is critical for all stakeholders to familiarize themselves with the new requirements and ensure that their practices are in full compliance. For consumers, these changes provide an extra layer of assurance that the information presented to them is accurate, accessible, and verifiable—a win for both the industry and the people it serves.

In conclusion, GujRERA’s Circular No. 97 is a timely and much-needed update to the regulatory framework governing real estate advertisements. By blending regulatory oversight with technological innovation, the authority is setting a new benchmark for transparency and accountability in the sector, ensuring that Gujarat’s real estate market continues to evolve in a manner that prioritizes consumer protection and trust.

Author – CA Manan Doshi, RERA Expert