Buying Into a Pre-RERA Project in Bengaluru: Which Older Projects RERA Covers

1 May 2017. That is the date from which Sections 3 to 19 of the RERA Act, the sections that require project registration and set out promoters' and buyers' duties, came into force, according to the Ministry of Housing and Urban Affairs' FAQ on the Act. For a Bengaluru buyer looking at a tower that broke ground years ago, or a resale flat in an older building, that date raises a practical question: did RERA ever apply to this project?

The answer depends on one document more than any other: the completion certificate, and when it was issued. This guide explains what MoHUA's FAQ says about ongoing and completed projects and how a buyer can check. It does not assess any project.

The short answer. MoHUA's FAQ says ongoing or incomplete projects are covered by RERA. Under the first proviso to Section 3(1), promoters of ongoing projects that had not received a completion certificate had to register within three months of commencement. Under Section 3(2)(b), projects that had received a completion certificate before RERA commenced did not need to register. Registration applies to projects in a planning area, and the Authority can direct registration beyond it in the allottees' interest. The trade-off: a buyer in a project completed before RERA has fewer RERA records to rely on, so other checks such as title, approvals and the completion certificate itself carry more weight.

When did RERA's registration rules start?

In two steps. The FAQ says the Act was published in the Official Gazette on 26 March 2016. It then says "Section 2, sections 20 to 39, sections 41 to 58, sections 71 to 78 and sections 81 to 92 were notified by the Central Government to come into effect from 1st May, 2016. Further, Sections 3 to 19, section 40, sections 59 to 70, sections 79 to 80 were notified for commencement with effect from 1st May, 2017."

That second date is the one that matters for registration, because Section 3 is the registration requirement. It is also when the Act's core promoter duties, buyer rights and the penalty sections began to apply.

Are ongoing projects covered?

Yes. The FAQ says "ongoing / incomplete projects are covered under the Act. First proviso of Section 3(1) provides that promoters of all ongoing projects which have not received completion certificate will need to register their project with the Regulator Authority, within 3 months of its commencement."

So a Bengaluru project that started before May 2017 but had not received its completion certificate by then was expected to register. For a buyer today, that means an older project still under construction, or one that finished after RERA came in, should normally have a RERA registration you can look up.

If a seller or promoter tells you an older project "did not need RERA", the follow-up question is simple: when was the completion certificate issued? If it was after RERA commenced, or has not been issued yet, ask why the project is not on the RERA website.

Which older projects did not need to register?

Those completed before RERA commenced. The FAQ says "Section 3(2)(b) of RERA provides that registration of project is not required, where the promoter has received completion certificate for a real estate project prior to commencement of RERA. Therefore, the projects which have received completion certificate prior to commencement of RERA, are not required to be registered under RERA."

The key word is "received". It is the completion certificate, issued by the competent authority, that decides the position, not the promoter's own statement that the work was finished. The FAQ elsewhere describes the completion certificate as relating to "the completion of the entire project certifying that the project has been developed according to the sanctioned plan, layout plan and specifications, as approved by the competent authority."

For a buyer of a resale flat in such a building, the absence of a RERA registration is therefore not, by itself, a red flag. But it does mean the RERA website will not hold that project's disclosures, and the buyer's checks need to come from the documents instead. PropNewz explained how the occupancy and completion certificates differ in our guide to OC versus CC under RERA.

How does the date test work in practice?

Three hypothetical Bengaluru buildings show the logic. Building A started construction in 2014 and received its completion certificate in 2016. Under Section 3(2)(b), as the FAQ describes it, it did not need RERA registration, so a buyer of a flat there relies on the completion certificate, title documents and sanctioned plan.

Building B started in 2015 but received its completion certificate only in 2019. It was an ongoing project when RERA's registration provisions came into force on 1 May 2017, so, under the first proviso to Section 3(1), its promoter was expected to register within three months of commencement. A buyer should find it on the RERA website.

Building C started in 2020. The FAQ says Section 3(1) requires registration before any advertising, marketing, booking or sale, so it should have been registered before the first flat was offered.

The years here are hypothetical and only illustrate the rule. For any real building, the completion certificate's actual date, and the RERA website, are what count.

Does RERA cover projects outside the city?

It depends on the planning area. The FAQ says "Section 3(1) provides that all projects within a 'planning area' will require to be registered with the Regulatory Authority. 'Planning Area' has been defined under section 2(zh)."

It adds that "second proviso of section 3(1) provides that, with the requisite permission of the local authority, the Real Estate Regulatory Authority may order / direct the promoter to register projects beyond the planning area, in the interest of allottees."

For Bengaluru buyers looking at projects on the city's edges, the planning-area question can matter. If a promoter says a project falls outside RERA because of its location, ask which planning area applies and check whether the Authority has issued any direction for that project. Our guide to where RERA stops covers the other exemptions in more detail.

What should a resale buyer in an older building check?

The documents that RERA would otherwise have put on a public website. If the project was completed before RERA commenced, the buyer cannot rely on RERA disclosures, so the paperwork has to do the work.

That means seeing the completion certificate and, for the flat, the occupancy certificate; tracing the title from the original allotment or sale deed down to the current seller; and confirming that the building plan was sanctioned and that the flat matches it. A resale buyer also inherits the building's history, so the apartment association's records are worth asking about.

Lenders may run their own checks on an older building before sanctioning a loan, but those checks protect the lender's security, so read the documents yourself as well. A lawyer's title report on the specific flat is worth the fee in an older building, where records may be scattered across several transactions.

If the project is RERA-registered, the position is different: the registration page, the promoter's disclosures and any orders are available to search.

How should a Bengaluru buyer check an older project?

In a fixed order, starting with the date that decides everything else.

1. Ask the seller or promoter for the completion certificate and note its date of issue.
2. Compare that date with 1 May 2017, when Sections 3 to 19 of the RERA Act came into force.
3. If there is no completion certificate, or it was issued after commencement, search for the project on the state RERA website.
4. If the project is registered, read the promoter's disclosures, quarterly updates and any orders.
5. If the project is outside the city core, ask which planning area applies and whether the Authority has directed registration.
6. For a resale flat, trace the title chain and ask for the occupancy certificate and sanctioned plan.
7. Ask the apartment association about pending disputes, dues or works before you pay an advance.

Frequently asked questions

Does RERA apply to projects that started before 2017?

MoHUA's RERA FAQ says ongoing or incomplete projects are covered. The first proviso to Section 3(1) requires promoters of ongoing projects that had not received a completion certificate to register with the Regulatory Authority within three months of the Act's commencement. Sections 3 to 19 came into force on 1 May 2017.

Does a completed project need RERA registration?

According to MoHUA's FAQ, Section 3(2)(b) says registration is not required where the promoter received a completion certificate for the project before RERA commenced. So projects with a completion certificate from before commencement were not required to register under RERA.

Are projects outside city limits covered by RERA?

MoHUA's FAQ says Section 3(1) requires registration of projects within a planning area, defined in Section 2(zh). Under the second proviso to Section 3(1), the Authority may, with the local authority's permission, direct a promoter to register a project beyond the planning area in the allottees' interest.

How do I check if an older Bengaluru project is RERA-registered?

Search the project and promoter on the state RERA website, and ask the seller or promoter for the completion certificate and its date. MoHUA's FAQ links the registration requirement for older projects to whether a completion certificate was received before RERA commenced.

This article explains MoHUA's general FAQ on the RERA Act for information only and is not legal advice. The FAQ notes that it is not a final interpretation of the Act. For a specific project, check the Karnataka RERA website and consult a lawyer.

Last updated 2026-11-11. PropNewz Team.