Uttar Pradesh RERA has recently issued a comprehensive set of instructions for developers and real estate agents for advertising of real estate projects. The guidelines have been prepared after real estate developers sought clarity regarding the instruction on prominently displaying the project RERA registration and the portal of UP RERA in all advertisements.
Under Section 3 of the RERA Act, any project without RERA registration that includes more than 500 square meters of land area or more than 8 apartments or flats is prohibited from advertising, booking, or selling by the promoter and agent. The UP real estate regulator advised buyers not to invest in any project that’s not registered with the state’s RERA.
Instructions for Developers
- Registered projects and agents: Advertise only registered projects. Advertising, booking, etc., should be done only through registered agents. Avoid using unregistered agents or agents whose registration period has expired.
- Display RERA registration information: All marketing and promotion materials such as newspapers, leaflets, pamphlets, brochures, supplements, special features, flyers, etc., should prominently mention the RERA registration number and the priority of the RERA portal.
- Clearly depict details: The font size of the main content of the advertisement should not be too small. The RERA registration number and portal should not be placed outside the main advertising content and design’s geographical boundary or frame. Ensure that the color combination does not obscure the RERA registration number and portal, and avoid creating such color combinations that hide the RERA registration number and portal.
- Advertising on social media: Social and digital media marketing and promotion platforms such as Facebook, Twitter, Instagram, YouTube, LinkedIn, Gmail promotions, Tumblr, etc., should mention the RERA registration number and portal prominently in the advertisements.
- Video and audio promotions: In radio, television, video clips, short videos, reels, media streaming, TV commercials, and audio-video (AV) content, the RERA registration number and portal should be clearly, audibly, and prominently mentioned at a regular interval or run like a ticker. Avoid rushing through advertisements on radio and electronic media, making it difficult for listeners to hear and understand the RERA registration number and portal.
- Outdoor advertising: On flexes, outdoor hoardings, billboards, on-site banners, railway, metro, and bus stations, bus stands, event and exhibition stands, stalls, and kiosks, streetlight poles, direction indicators, and LED unipoles, the RERA registration number and portal should be mentioned clearly and prominently in large fonts.
- Real facilities only: Only mention the actual facilities and features provided in the project as a promoter. Avoid mentioning unclear, concealed, or misleading facilities and features that are not actually provided or cannot be legally assumed.
- Don’t advertise assured returns or gift offers: The provisions of RERA Act Section 4, issued on 24-02-2020 and 29-04-2023, provide detailed guidelines for the maintenance and operation of funds allocated to projects in the RERA bank account. 70% of the funds received from allotment should be spent only on land and construction works. The remaining 30% of the funds are estimated for other administrative expenses. Avoid any form of assured returns, free foreign travel, or other such offers that are not related directly to projects or units, as estimating the expenditure incurred is not covered under the provisions of the RERA Act. Therefore, refrain from advertising such offers.
- Carpet area for prices: Advertisement content such as brochures should mention sales and pricing valuation based on carpet area. The RERA Act defines the carpet area. The valuation of units is based on the carpet area as per the RERA Act. No other name or geographical calculation is acceptable in place of the carpet area, so do not use any other name or calculation in addition to the carpet area.
- Project websites: All promoters should prominently mention the RERA registration number and the priority of the RERA portal on the same page where the project is advertised on their website. It is the promoter’s responsibility to check similar websites that are related to their website. Promoters should understand their responsibility. If any other person advertises with similar names, logos of the promoter, project, or brand from the promoter’s actual website, it is the responsibility of the concerned promoter to stop it. Take effective steps to stop it.
- Real estate advertising websites: Advertisements related to property on websites, etc., and portals operated by real estate agents should prominently mention the RERA registration number and the priority of the RERA portal in all banner ads, text ads, marketing creatives, and descriptions of the project. Continuously monitor these websites at your level. If any advertisement of your project is being published without your permission, take immediate legal action against the concerned party. Do not place the information about the RERA registration number and the RERA portal on any page or location separate from the main page of the project on the portal.
- Property portals must be registered as agents: Do not register bookings, sale offers, etc., through these platforms/companies as an agent without being registered with RERA as an agent in accordance with the provisions of the RERA Act. Ensure their registration as agents in accordance with the provisions of the RERA Act.
Instructions for Agents
- Help ensure that all allocated information is provided correctly at the time of booking.
- All agents will only promote registered projects under the RERA Act after registration.
- Work with the promoter only after being authorized for the promotion of their project, booking, etc.
- The content used in advertisements should also be certified by the promoter. Therefore, only use promotional material certified by the promoter.
- Do not advertise unregistered projects. Do not advertise misleading, unclear facilities, and features, and do not provide any such assurances.
- Do not promote any project of a promoter without the authorization letter or agreement, including booking, etc.
- Do not use advertisement content without being certified by the promoter.
- When advertising and promoting projects, prominently mention its RERA registration number, RERA portal, and your own registration number.
- Ensure compliance with the general advertising guidelines issued for promoters also applies to agents. Therefore, ensure compliance with all of them.
- Do not use any project’s content, website content, logo, etc., without the promoter’s permission.
- Do not exaggerate the availability of services or claim any specific category that does not actually exist. Do not advertise services that are not expected to be provided.
- Do not make statements regarding the authorization of incidents where permission has not been obtained.