Beyond any iota of doubt, it can be said that Advertising is the driving force which influences:

• Consumer behaviour, their choices and purchasing decisions i.e. What to Buy
• Shapes Brand perception i.e. From where to Buy,
• Drives economic growth making i.e. How to Buy.

Advertising is a powerful tool which creates a desire in them, manipulates and persuades them.  So, it becomes all the more important to have checks and balances so that the buyers are not carried away by misleading information, rather they receive authentic information, make conscious decisions, and invest wisely. The interests of the customers and society as a whole are required to be safeguarded.

Implementation of stricter guidelines by enactment of the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) (ensures transparency, boosts confidence, and builds customer trust leading to increase in sales volume, reduces litigation, and provides a much-needed impetus to Economic Growth.

Promoters under the provisions of RERA Act,  Legal Metrology Act, 2009 and the advisory regulations under the Code laid down by Advertising Standards Council of India, must ensure to capture the following details (to the extent required depending on the contents) in the Advertisement, appearing whether in Print Media (Newspapers, Magazines), Electronic Media (Tv and Radio), Digital Platform (Property Portals, Apps, Websites and Social Media) Outdoor Hoardings, Digital Boards, Sample Apartments / Units, Display items, Models, Brochures, Leaflets:

• Mandatory Display of RERA Registration Number: RERA Registration number is to be displayed in conspicuous font on the top of the Advertisement.
• Website of the concerned RERA Authority: This is to be displayed just beneath the RERA Registration number.
• OC Received: OC received to be prominently displayed in advertisements related to Projects where the Occupancy Certificate has been granted.
• Promoter Details: Particulars of the Promoter, the registered office details and contact numbers are to be specifically included for any clarification purposes.
• Disclosure of Project details: Details such as License Number, Building Plan Approvals, etc., can either be included in the main advertisement or the Disclaimer itself.
• Use of Approved plans: Only Approved Plans can be made part of the Advertisements as the buying decision is mostly influenced by this.
• Use of Standard Metric Systems under Legal Metrology Act, 2009: Areas to be mentioned in standard metric systems to maintain uniformity and avoid any confusion and non-conformity over the regions.
• Details of Amenities and Specifications: It is mandatory to include only those amenities which are actually intended to be provided in the Project and only those specifications which are actually intended to be provided with the unit / apartment & those submitted by the Promoter at the time of RERA Registration.
• Insertion of Appropriate Disclaimer: The Disclaimer containing relevant details such as Promoter details, Land Details, RERA Regn. No., License No., and Building Plan Approval Detail is to be incorporated besides specific disclaimer on rest of the contents of the advertisement.
• Prohibition of False and Misleading Content: There is a strict prohibition on inclusion of any content which is either not conforming to the project / unit / apartment or it influences the purchaser’s decision in buying a product which is far from reality or is not at all intended to be developed.
• Maintaining the record of advertisements, brochures and any print media released by the Promoter: Promoters should retain a copy of the advertisements and brochures released by them.

Even Real Estate Agents, Media Houses and influencers have the onus of verifying the details before issuing / releasing any advertisement, or else they have to bear the brunt of direct regulatory action by the RERA Authorities. Digital monitoring has been increased by RERA Authorities and heavier penalties are being imposed for releasing misleading advertisements and non-compliance of the provisions under RERA.

The need of the Hour is to ensure transparency to boost confidence of the buyers, which will in turn enhance the integrity and credibility of the real estate industry.

About the Author: Hema Sukhija is an accomplished legal professional with over 25 (Twenty-Five) years of extensive post-qualification experience in the legal domain, particularly in the real estate and infrastructure sector. She is currently engaged as ‘Vice President – Legal’ at Elan Group, Gurugram, Haryana. She is engaged in and responsible for negotiating, materialising and executing high end financial transactions, land acquisition, land development, collaborations, leasing etc.; construction contracts; marketing contracts; managing litigation at various levels; customer documentation; and handling the copyright and trademark portfolio for the Group.

Hema is recognized for her sincerity, commitment, and problem-solving approach, having earned accolades such as the ‘Certificate for Outstanding Achievement’ by Elan Group, ‘Star Employee’ at AIPL, ‘The Rising Star Award’ at M3M Josh Townhall, and a ‘Certificate for Outstanding Achievement’ by M3M. Her career reflects a blend of legal acumen, strategic thinking, and dedication to achieving favourable outcomes in complex legal scenarios.