RERA SHOULD BE ABOLISHED - HON. SUPREME COURT

CA Ramesh Agrawal

On 12^th February 2026, the Supreme Court expressed serious dissatisfaction with the functioning of the Real Estate Regulatory Authority (RERA), indicating that the institution, should be abolished in its current form. In this regard please note: -

The Hon. Supreme Court strongly criticized the current functioning & working of RERA and observed that RERA should be abolished in its existing form & there is a need to rethink the role being played by it.
The Apex court urged all States to examine who is actually benefiting from RERA’s functioning.
The Bench comprising of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi observed that RERA is helping defaulting builders rather than effectively protecting homebuyers or fulfilling its intended objectives.
The Bench emphasized that States should revisit the original purpose behind the enactment of the RERA Act.
As quoted by Bar and Bench, CJI Surya Kant stated “All States should now think of the people for whom the institution of RERA was created. Except facilitating builders in default, it is not doing anything else. Better to just abolish this institution”.
The remarks were made during the hearing of a plea concerning the shifting of the Himachal Pradesh RERA office to Dharamshala.
The Real Estate (Regulation and Development) Act, 2016 was enacted to regulate the real estate sector, enhance transparency, protect the interests of homebuyers, and ensure the timely completion and delivery of real estate projects.

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