From WBHIRA to WBRERA: Everything West Bengal Homebuyers Need to Know in 2026
If you have been on the lookout for
a house in Kolkata, Durgapur, or Siliguri in the last few years, you must have
come across the term WBHIRA. However, if you search for it now, you would see
that it is gone from official sites and replaced with WBRERA.
What happened? Was WBHIRA a
failure? Or did it just evolve? Here is the overview of how West Bengal tried
to do real estate differently and see where things stand now.
What was WBHIRA?
In 2017, the Central Government of
India had come up with RERA (Real Estate Regulatory Authority) to clean housing
sector. But West Bengal took a somewhat different approach. The state
government, however, came up with its own version in the form of the West
Bengal Housing Industry Regulation Act, 2017 (WBHIRA) instead of adopting the
central law.
It became operational in June 2018. The Act was meant to protect buyers from being ripped off by builders. West Bengal had a "watchdog" for the first time to make sure that people who paid for a 3-apartment got it on time and in the quality that was promised.
Levelling the Playing Field: How
WBHIRA Put Power Back in Buyers' Hands
WBHIRA established an official
framework which brought permanent control to a real estate market that had
previously operated without rules. It focused on transparency and
accountability through three major pillars:
- No More "Super Built-up" Scams: Builders used to inflate prices by taking into account the "super built-up area", and charge you for space occupied by lobbies and elevator. Sales were based exclusively on Carpet Area as per HIRA. In other words, you paid only for the space that your feet actually touched the floor.
- The 70% Safety Net: HIRA established the 70% Rule to prevent builders from using project funds to finance their next construction project. Developers were required to deposit 70% of the buyer collections into a dedicated Escrow account which ensured that the money remained secure until your home construction was complete.
- A 5-Year Structural Shield: HIRA required construction projects to maintain a five-year warranty period. The builder had to repair any damage from pipe bursts or wall cracks that occurred during the first five years because of substandard work.
Two Rules, One Goal: The Tug-of-War That Shook the
State’s Real Estate
In the midst of all this, the big
legal question came up, that can a state have its own law when there already is
a central law (The Real Estate (Regulation and Development) Act, 2016) for the
very same thing?
A group called the Forum for
People’s Collective Efforts contended that WBHIRA was in fact more
"watered down" than the centra RERA while excessively favoured
builders at the expense of buyers. They took the case to the Supreme Court of
India.
The Supreme Court delivered a landmark
judgment in May 2021. It declared WBHIRA unconstitutional.[2] The court held that since
the sector of real estate was governed by the Central RERA, the State law so
made by Bengal was an unnecessary measure being a subject which is already
under the ambit of law and was also in conflict with the principles set by the
Statutes enacted by the Parliament.
HIRA vs. RERA: Clearing Up the Confusion for
West Bengal Homeowners
Although WBHIRA and RERA were very similar in
terms of objective, there were some subtle but essential legal gaps that led to
requiring a national standard eventually. According to legal experts and
financial analysts, these and other critical differences in the definition of
"Acts of God" and how claims are compensated primarily motivated the
transition. And this is how the two frameworks really compared against each
other:
The
New Normal: How WBRERA is Keeping Your Dream Home Safe
Where does that leave us today? Now consider WBRERA (West Bengal Real Estate Regulatory Authority), as the new and improved, and perhaps the "final edition" of homebuyer protection in Bengal. It takes the best parts of the old state law and puts them together with the RERA's strong enforcement. And if you are a buyer today, you are on the most solid legal footing we have ever had in state. Not another "what if" but one simple authority looking out for your best interests. This is more than just a name change - it is a transformation.
Uniformity: Finally, West Bengal has been standardized with the rest of India. If you are an NRI or an investor from another state, the rules for you are the same as in Mumbai or Delhi.
Faster Justice: WBRERA has a dedicated portal for complaint filing If your builder is being sluggish, you will not have to sit for years in a civil court, there is a RERA tribunal you can go to.
Transparency: All information related to the approval plan to even the Carpet Area by builders has to be uploaded on the portal.
The First Thing Every Bengal Homebuyer Should
Do Today
We get it - the excitement of buying a home is
huge. But in the rush of paperwork and brochures, don’t skip the most important
step: Verification. Today, the golden rule is to trust but verify. You need to
visit the WBRERA website to confirm your project exists as an official entry.
The process provides you with easy access to confirm which benefits we
discussed, including warranties and escrow accounts and carpet area pricing,
actually apply to you.
The Bottom Line
The West Bengal government made a courageous effort to control its local territory through the WBHIRA law but the existing legal system preferred a centralized approach that governed all national matters. You must always confirm project registration before you process booking payments by asking "Is this project registered under WBRERA?" The answer to that question must lead you to decide to proceed further or not.
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