Law Firm with Expertise in Real Estate & Construction
Understanding Real Estate & Construction - Key Legal Challenges
Participants in India’s Real Estate and Construction sector – developers, investors, contractors, landowners, and buyers – routinely face complex legal hurdles. Common issues include intricate disputes over land titles and ownership, challenges in land aggregation and acquisition, litigation arising from construction delays or defects (often before RERA authorities), disagreements between joint development partners, enforcement of security interests in project finance defaults, conflicts related to zoning and land use regulations, and landlord-tenant disputes in commercial or residential properties. Navigating the myriad of approvals and ensuring compliance are constant challenges.
Key Regulations for Real Estate & Construction
The sector is governed by a multitude of central and state laws:
Real Estate (Regulation and Development) Act, 2016 (RERA)
Regulates housing projects and real estate agents, mandating registration, disclosures, standard agreements, and establishing adjudicating authorities.
Transfer of Property Act, 1882
Governs the transfer of immovable property.
Indian Contract Act, 1872
Applies to all contracts, including construction and development agreements.
Registration Act, 1908
Mandates registration of documents related to property transfer.
State-Specific Land Revenue Codes
Govern land ownership records, classification, and related matters.
State-Specific Apartment Ownership Acts
Regulate ownership and management of apartments in multi-storey buildings.
Environmental Laws
Including EIA notifications and rules related to environmental clearances for large projects.
Zoning Laws & Building Bye-Laws
Municipal regulations governing land use and construction standards.
Insolvency and Bankruptcy Code, 2016 (IBC)
Increasingly relevant for financially distressed real estate companies and homebuyers as creditors.
Our Approach to Real Estate & Construction Matters
Our approach emphasizes meticulous due diligence and strategic structuring. We focus on conducting thorough title verification to minimize ownership risks, drafting clear and comprehensive development, construction, and lease agreements that properly allocate risk, guiding clients through the complex web of regulatory approvals (including RERA), structuring real estate investments and financing effectively, and representing clients robustly in property-related disputes before courts, tribunals, and RERA authorities.
Relevant Practice Areas
ENVIRONMENTAL & CLIMATE PRACTICE
Our environmental specialists help clients navigate regulatory compliance while developing sustainable business practices aligned with evolving climate priorities.
Environmental law services include:
- Environmental compliance and permitting
- Environmental impact assessment
- Climate change regulation and carbon markets
- Environmental litigation and enforcement defense
- Sustainable development initiatives
REAL ESTATE & INFRASTRUCTURE
We provide comprehensive counsel on real estate transactions, development projects, and related disputes, helping clients navigate India's complex property laws and regulations.
Real estate capabilities include:
- Land acquisition and title due diligence
- Development and construction agreements
- Commercial and residential leasing
- Real estate investment and financing
- Property disputes and litigation
CORPORATE & COMMERCIAL
Our corporate practice provides end-to-end support through every business phase and transaction. We combine technical precision with commercial awareness to protect your interests while facilitating business growth.
Key services include:
- Strategic entity structuring and governance frameworks
- Mergers, acquisitions, and joint ventures
- Private equity and venture capital transactions
- Commercial contracts and business operations
- Regulatory compliance and risk management
PROJECT DEVELOPMENT & FINANCE
We support clients throughout the lifecycle of major infrastructure and development projects, from initial structuring through financing, construction, and operation.
Project expertise includes:
- Project structuring and development
- Project finance and security arrangements
- Concession agreements and public-private partnerships
- EPC and construction contracts
- Project-related dispute resolution
RESTRUCTURING & INSOLVENCY
Our specialists guide clients through financial distress, business transformation, and formal insolvency proceedings with pragmatic, results-oriented advice.
Restructuring services include:
- Corporate restructuring and reorganizations
- Insolvency resolution processes
- Distressed asset acquisitions
- Debt restructuring and workouts
- Creditor representation in insolvency proceedings
Frequently Asked Questions (FAQs)
A: Key obligations include registering the project with the state RERA authority before marketing, making detailed disclosures about the project, adhering to the approved plans and timelines, executing a registered agreement for sale with buyers as per the RERA format, depositing a portion of funds received from buyers in a separate escrow account, and rectifying structural defects post-possession.
A: India’s land record system can be complex. Due diligence is essential to verify the seller’s clear ownership, check for any existing mortgages, liens, legal disputes, or third-party claims, ensure the property complies with land use regulations, and confirm the chain of title is unbroken, thus preventing future legal challenges to ownership.
A: A JDA is a common arrangement where a landowner grants development rights to a developer. The landowner contributes the land, and the developer typically bears the cost of approvals, construction, and marketing. Consideration for the landowner is usually a share of the built-up area or a share of the revenue from sales.
A: Yes, construction contracts often include arbitration clauses. Arbitration can be an effective way to resolve complex technical and commercial disputes arising during construction, potentially offering faster resolution and greater confidentiality compared to courts, especially if expert arbitrators are appointed.
A: Depending on the size, type, and location, large projects may require Environmental Clearance (EC) under the EIA Notification, 2006, Consent to Establish (CTE) and Consent to Operate (CTO) under the Water Act and Air Act from the State Pollution Control Board, and potentially forest or wildlife clearances if applicable.
Discuss Your Real Estate & Construction Legal Needs
For comprehensive legal support for your property development, investment, or construction activities in India, contact Foresight Law Offices.