Under the RERA Act, 2016, a project that must be registered cannot be advertised at all until it is registered (Section 3). Once it is registered, every advertisement must prominently show the project's RERA registration number and the website address of the state RERA authority (Section 11(2)). In Uttar Pradesh, UP RERA also requires the project's QR code on brochures and ads. The rules cover hoardings, newspaper ads, brochures, websites, social media posts and WhatsApp messages alike.
This guide explains what counts as an advertisement under RERA, what must appear in it, what agents and channel partners must do, the penalties, and a checklist to run before anything goes live.
What counts as an advertisement under RERA?
Section 2(b) of the Real Estate (Regulation and Development) Act, 2016 defines "advertisement" very widely: any document described or issued as an advertisement through any medium, including a notice, circular or any other publicity, that tells people about a real estate project, offers a plot, building or apartment for sale, or invites people to buy or to pay an advance or deposit.
In practice that means hoardings and site boards, newspaper ads and inserts, brochures and price sheets, project websites and landing pages, Facebook, Instagram and Google ads, YouTube videos, SMS and WhatsApp broadcasts, and posts by channel partners. If it markets a registered project, the rules apply.
Rule 1: no advertising before registration (Section 3)
Section 3(1) says a promoter cannot advertise, market, book, sell or offer for sale, or invite people to buy, any plot, apartment or building in a project that must be registered, without first registering it with the state RERA authority. "Pre-launch" campaigns that collect enquiries or money for an unregistered project fall squarely within this.
Section 3(2) sets out when registration isn't needed: where the land doesn't exceed 500 square metres, or the number of apartments doesn't exceed eight, including all phases (states can set lower limits); where the completion certificate was received before the Act came into force; and for renovation or repair that doesn't involve marketing or selling new units. See our guide to pre-launch real estate marketing for what you can prepare before registration comes through.
On a hoarding, the RERA number has to be readable from the road.
Rule 2: what every advertisement must show (Section 11(2))
Section 11(2) says the advertisement or prospectus issued by the promoter must prominently mention the website address of the authority, where all details of the registered project are available, and must include the project's registration number. "Prominently" means readable: on a hoarding, from the road; in a video, on screen long enough to read; in a social post, in the image or the first lines of the caption.
State authorities add their own directions. In Uttar Pradesh:
UP RERA assigns each project a unique QR code and requires promoters to print it in brochures and advertisements, and on documents given to buyers such as booking forms, allotment letters and builder-buyer agreements (PTI, July 2024).
In January 2025 UP RERA's chairman reminded promoters that print, outdoor, TV, digital and social media promotion must follow its advertising directions, and told buyers to avoid projects whose ads lack the registration number, the website link and the QR code (Storyboard18).
Haryana, Delhi and other states issue their own orders, so check your authority's website before every launch. The UP RERA portal is the reference for projects in Noida, Greater Noida, Ghaziabad, Lucknow and Kanpur.
Rule 3: what you advertise, you must deliver (Section 12)
Section 12 makes advertisements count. If a buyer pays an advance or deposit on the basis of information in an advertisement, prospectus or model apartment, and suffers a loss because that information was incorrect or false, the promoter must compensate them. If the buyer chooses to withdraw from the project, the promoter must return the money with interest and compensation.
So the practical rule for ad copy is simple: don't publish anything you can't show in the approved plans or the RERA filing. That includes amenities, possession dates, distances, specifications and "approved" claims. "Possession in 2026" when the RERA filing says 2028 is a liability, not a headline. The Advertising Standards Council of India code also requires ads to be truthful and claims to be backed by evidence.
Rules for agents and channel partners (Sections 9 and 10)
Brokers and channel partners who market registered projects have their own obligations:
Register first (Section 9). An agent must be registered with the state authority before facilitating the sale of units in a registered project. See RERA registration for agents.
No unfair trade practices (Section 10(c)). This includes false statements about the standard, quality or approvals of a property, and publishing ads for services that aren't intended to be offered.
Show the registration details. A CP's ad is still an ad for the project, so it needs the project's registration number and the authority's website, and many state authorities also expect the agent's own registration number. Copying the developer's creative without these details is a common mistake.
Penalties for breaking RERA advertising rules
Who
Breach
Penalty under the Act
Promoter
Advertising or selling without registering (Section 3)
Up to 10% of the estimated project cost (Section 59(1)). If the promoter keeps breaking the rule or ignores orders: imprisonment up to three years, a further fine up to 10%, or both (Section 59(2))
Promoter
False information or breach of Section 4 in the registration application
Up to 5% of the estimated project cost (Section 60)
Promoter
Breaking any other provision, such as Section 11(2)
Up to 5% of the estimated project cost (Section 61)
Agent
Not registering, or breaking the agent's duties (Sections 9 and 10)
Up to ₹10,000 for every day of default, up to 5% of the cost of the unit sold (Section 62)
The buyer's claim under Section 12 (compensation, or refund with interest) comes on top of these.
Other RERA questions builders ask
What is the 70/30 rule in RERA? Section 4(2)(l)(D) requires the promoter to deposit 70% of the money collected from buyers in a separate bank account, to be used only for the land and construction cost of that project. It is about project funds, not advertising, but buyers often ask about it. Our RERA number check guide explains how to see a project's filings.
Does RERA apply to commercial projects? Yes. The Act's definition of "apartment" includes offices, shops, showrooms and godowns, so commercial projects above the size limits must register and follow the same advertising rules.
Can a builder sell parking under RERA? The Act lists open parking areas among the "common areas" of a project and defines a "garage" separately as a covered, walled space. So open parking is treated as a common area, while garages can be allotted. Check how your state's rules and the project's filings describe parking before putting it in an ad or price sheet.
Pre-publish checklist for every ad
Project registration number, exactly as on the certificate, clearly readable.
State RERA website address (for UP: up-rera.in).
Project QR code where the state requires it (UP).
Agent's RERA number on any ad run by a broker or CP.
Every amenity, specification and image matches the approved plans; artist's impressions labelled as such.
Possession date matches the RERA filing.
Prices with an asterisk explain exactly what is and isn't included.
No claim you can't prove: "guaranteed returns", "best", "No. 1", invented distances.
The same details on the landing page the ad sends people to.
This article is general information based on the RERA Act, 2016 and published UP RERA directions. It is not legal advice. State rules and orders change, so check your authority's current directions.
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What are the RERA rules for real estate advertisements?
A project that must be registered cannot be advertised before registration (Section 3 of the RERA Act, 2016). After registration, every advertisement must prominently show the registration number and the state authority's website address (Section 11(2)). States add their own directions, such as UP RERA's project QR code.
Is the RERA number mandatory in social media ads?
Yes. RERA's definition of advertisement covers publicity in any medium, so Facebook, Instagram, Google and YouTube ads, WhatsApp broadcasts and posts by channel partners all need the project's registration number and the authority's website address.
Is a QR code mandatory in UP RERA advertisements?
Yes. Since July 2024 UP RERA assigns each project a unique QR code and requires promoters to print it in brochures and advertisements and on documents given to buyers, such as booking forms, allotment letters and builder-buyer agreements.
Can a builder advertise a project before RERA registration?
No. Section 3(1) bars a promoter from advertising, marketing, booking, selling or inviting people to buy units in a project that must be registered until it is registered. The penalty is up to 10% of the estimated project cost under Section 59.
What is the penalty for an advertisement without the RERA number?
For a promoter, breaking Section 11(2) can attract a penalty of up to 5% of the estimated project cost under Section 61. For an agent who breaks the agent rules, the penalty is up to ₹10,000 a day, up to 5% of the cost of the unit, under Section 62.
What happens if a real estate ad makes a false claim?
Under Section 12, if a buyer pays based on false or incorrect information in an advertisement, prospectus or model apartment and suffers a loss, the promoter must compensate them. If the buyer withdraws, the promoter must refund the money with interest and compensation.
Do channel partners have to follow RERA advertising rules?
Yes. Agents must be RERA-registered (Section 9), must not market unregistered projects and must not use unfair trade practices such as false statements (Section 10). Their ads are ads for the project, so they need the project's registration number and authority website, and usually the agent's own number.
Does RERA apply to commercial property ads?
Yes. The Act's definition of apartment includes offices, shops, showrooms and godowns, so commercial projects above the size limits must register and follow the same advertising rules as residential ones.
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