Short answer: Under the RERA Act, 2016, a promoter cannot advertise a project that needs registration until it is registered (Section 3(1)). Every advertisement must prominently show the RERA registration number and the Authority's website (Section 11(2)), and ad content must be truthful, because buyers misled by it can withdraw and get their money back with interest (Section 12). States add display rules on top, such as MahaRERA's top-right QR code, and Haryana RERA has fined a developer ₹25 lakh over portal ads for an unregistered project.
What does the RERA Act say about real estate advertisements?
The Real Estate (Regulation and Development) Act, 2016 defines an advertisement broadly as "any document described or issued as advertisement through any medium" (Section 2(b)). That includes Google ads, Instagram Reels, portal listings and WhatsApp forwards. The sections marketers need to know, from the Act text published by HARERA:
| Section | What it requires | What it means for marketing |
|---|---|---|
| 3(1) | No promoter shall "advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner" a project that must be registered, until it is registered | No "pre-launch", EOI or "soft launch" campaigns before the registration number is issued |
| 9 and 10(a) | Real estate agents must register; a registered agent must not facilitate sales in a project that is not registered | Brokers and channel partners cannot run ads or WhatsApp campaigns for unregistered projects either |
| 10(c) | Agents must not engage in unfair trade practices, including false or misleading representations, or claiming approvals or affiliations they or the promoter do not have | No fake "official partner" claims and no invented approvals in broker ads |
| 11(2) | Every advertisement or prospectus "shall mention prominently" the Authority's website, where the registered project's details are listed, and the registration number | Registration number and Authority website on every creative and landing page |
| 12 | A buyer who pays on the basis of incorrect or false information in an advertisement and withdraws must be returned the investment with interest | Every claim (area, amenities, possession date) must match the RERA filing |
The penalties are large enough to matter. Section 59 allows a penalty of up to 10% of the estimated project cost for breaching Section 3, and up to three years' imprisonment or a further 10% for continued violation. Section 61 allows up to 5% of project cost for breaching other provisions such as Section 11(2). Section 62 fines agents ₹10,000 a day, up to 5% of the cost of the unit whose sale they facilitated. Section 63 allows daily penalties, up to 5% of project cost, for ignoring the Authority's orders, and states use it to enforce their advertising directions.
Which RERA orders show how ad rules are enforced?
Two orders from Haryana RERA, Gurugram show what triggers action and which defences fail.
1. M3M India, "M3M Skywalk" (Complaint RERA-GRG-1521-2021, decided 4 October 2021). The order records that the unregistered project was advertised on online portals including 99acres and Housing.com, without a RERA registration number or website. The developer argued the listings were third-party activity. The Authority rejected that, holding that "it cannot be denied that the project is being advertised with the connivance of the promoter", and imposed a "token penalty of Rs. Twenty-Five Lakh" under Section 59(1).
2. MRG Infrabuild, "The Meridian", Sector 89 (suo-motu complaint RERA-GRG-549-2024). The Authority's show cause notice concerned a January 2024 newspaper supplement. The Authority's website was not mentioned prominently (Section 11(2)). The ad also promoted an "affordable shops" scheme that the Authority said did not exist, and showed a payment plan without making clear that the agreement for sale comes before the 40% payment (Section 13(1)). The order cites Section 61's penalty of up to 5% of project cost. The promoter said it had not issued the ad and undertook to file an FIR and publish a disclaimer.
The lessons for marketers:
- Broker and portal ads are treated as the promoter's problem. Control your channel partners' creatives and listings.
- The regulator reads the whole ad, including payment plans, scheme names and area claims, not just whether the registration number is present.
- "We didn't publish it" needs evidence. Keep an approval log of every creative you did publish.
Enforcement is not limited to Haryana. UP-RERA issued notices to 130 promoters over advertising violations on 1 December 2023 before issuing standard directions on 6 December 2023 (Housing.com).
What extra display rules do state RERAs impose?
| State | Rule | Media covered | Source |
|---|---|---|---|
| Maharashtra (MahaRERA) | Project QR code on every ad since August 2023. April 2025 directive: QR code in the top-right corner, scannable; registration number and website at least as large as the largest font used for contact details; penalty up to ₹50,000 with 10 days to fix | All, including social media; addressed to developers and agents | Realty Today |
| Uttar Pradesh (UP-RERA) | Registration number and UP-RERA portal "in big and bold fonts in a prominent place". Not only in the disclaimer, not outside the ad, and not in hard-to-read fonts | Print, electronic, outdoor, social and digital | Housing.com |
| Tamil Nadu (TNRERA) | Registration number with QR code and website at the top right of print ads, minimum 12-point font; outdoor at 50% of the project name's font size; registration number and website link in all social posts; no travel-time claims; amenities stated specifically | Print, outdoor, TV and radio, social, portals | IndiaLaw, July 2025 |
| West Bengal (WBRERA) | Registration number and website in the top-right quadrant, font at least one-third the size of the project name | Print, FM, electronic and WhatsApp | WBRERA office order 492-RERA/L-01/2023, reported March 2024 |
| Andhra Pradesh (AP RERA) | Registration number on the website and every ad; "RERA REGISTERED" details displayed; brochures submitted to the Authority | All | AP RERA guidelines |
For projects in other states, check the state authority's circulars page before launch. Several states have issued orders after a wave of complaints, so the rule that applied at your last launch may have changed.
What counts as a RERA advertisement in digital marketing?
Treat all of these as advertisements that need registration details:
- Google Search, Performance Max, YouTube and Display ads, and the landing pages they lead to
- Meta and Instagram ads, organic posts, Reels and Stories about the project
- Portal listings by the developer or by brokers (the M3M order shows why)
- WhatsApp broadcasts, catalogue items and forwarded brochures (WBRERA names WhatsApp)
- Influencer and YouTuber videos about the project
- Automated WhatsApp replies and brochure templates (see our WhatsApp automation guide for real estate)
- Email newsletters, SMS campaigns and hoardings with QR codes to digital pages
Which advertising claims cause RERA and consumer-law problems?
RERA is not the only rule. The Central Consumer Protection Authority's Guidelines for Prevention of Misleading Advertisements, 2022 (summary by Khaitan & Co) say a disclaimer cannot contradict the main claim or hide material information. "Free" offers must state the conditions. Endorsers must disclose material connections. Penalties under the Consumer Protection Act range from ₹10 lakh to ₹50 lakh.
| Risky claim | Problem | Safer version |
|---|---|---|
| "Pre-launch offer, book now" before registration | Section 3(1) | Wait for the number; build pages and audiences meanwhile |
| "Assured 12% returns" | Unsupported and misleading | Remove; give rental comparables with sources if needed |
| "Possession in 2027" when the RERA filing says 2029 | Section 12 false statement | Use the registered date |
| "2,000 sq ft" (super area) shown alone | Misleading area basis | State carpet area first; label super area clearly |
| "10 minutes to the airport" | Unverifiable; Tamil Nadu bars travel times | "18 km to the airport" |
| "Free modular kitchen*" with conditions in small print | Disclaimer contradicts the headline | Put the condition next to the offer |
| Renders captioned as actual photos | Misleading visual | Label "artist's impression" or "sample flat" |
| Influencer video without disclosure | CCPA endorsement rules | Clear "paid partnership" label |
RERA checklist by channel
| Channel | Where the registration details go | Common miss |
|---|---|---|
| Google Search ads | Description line or callout ("RERA: [number]"); full details above the fold on the landing page | Landing page shows the number only in the footer |
| Meta and Instagram ads | On the image or video frame (top-right placement in Maharashtra, Tamil Nadu and West Bengal; QR code where required), plus the caption | Number only in the caption; QR too small to scan on a phone |
| Instant and lead forms | Context card or intro text | Form has no project identity at all |
| Reels, YouTube, TV-style video | On screen long enough to read; spoken where the state requires it for electronic media | Shown for one second in the end card |
| Portals | RERA field filled for every listing, including broker listings | Brokers listing without numbers |
| Catalogue item, brochure cover and template text | Forwarded old brochures with outdated details | |
| Influencers and partners | Brief with mandatory on-screen details and disclosure | No approval step before posting |
Our Google Ads and Meta Ads guides for real estate show where these elements sit in each campaign build.
What approval workflow and records should you keep?
- Project facts sheet: one approved document with the registration number, Authority website, QR code file, carpet areas, price basis, amenities and the registered possession date. Every creative draws only from this sheet.
- Creative review: marketing checks the state display rules; the developer's legal or compliance owner signs off claims, offers and payment plans.
- Partner control: channel partners get approved creatives and listing text, and agree in writing not to publish anything else. Check portals and social media monthly for rogue listings.
- Archive: save each creative version, its approval date, approver, channels and run dates. In the MRG case, the promoter's defence depended on showing it had not issued the ad.
- Change trigger: if the registration is extended, the possession date changes or prices change, pause and update every live ad, page and listing the same day.
Because RERA rules are applied state by state through orders and circulars, have the developer's legal team confirm the current state requirements at each launch. Use this page as the marketing checklist that sits under that review. For how compliance fits the wider launch plan, see our real estate digital marketing strategy. Our landing page guide shows how to display RERA details without hurting conversion, and our real estate marketing team builds this approval log into every campaign we run.
Sources
- HARERA: Real Estate (Regulation and Development) Act, 2016: Sections 2(b), 3, 9, 10, 11(2), 12, 59, 61, 62, 63
- HARERA Gurugram order, RERA-GRG-1521-2021 (M3M India): portal ads for unregistered project; ₹25 lakh penalty
- HARERA Gurugram, RERA-GRG-549-2024 (MRG Infrabuild): Section 11(2) website prominence and misleading ad content
- AP RERA: Advertisement guidelines: registration number on all ads; truthful advertising
- Realty Today: MahaRERA QR code directive (April 2025): placement, font size, penalty, cure period
- Housing.com: UP-RERA advertisement guidelines (December 2023): prominence rules and notices to 130 promoters
- IndiaLaw: TNRERA advertisement guidelines (July 2025): medium-wise display rules in Tamil Nadu
- Khaitan & Co: CCPA misleading advertisement guidelines, 2022: disclaimers, free claims, endorsements, penalties