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West Bengal’s HIRA vs. Center’s RERA
Legal documents are required for
buying any property and there need to
be rules and regulations that need to be
followed for the same. This is mainly
done by central organizations that
oversee the functioning of these
important rules and they are universal
across the country or the state.
Given this scenario, it becomes
imperative that we learn about West
Bengal’s HIRA vs. Center’s RERA. HIRA is
an abbreviation for Housing and
Industrial Regulation Act 2017 that is given by the West Bengal government and RERA is the
abbreviation for Real Estate Regulation and Development Act, 2016 and this is given by the
Central Government of Delhi.
This article helps you in comparing these two regulating authorities and analyzing their
differences. This will help you in seeing where these authorities are the same and where they
differ. After reading this article, you will be in a much better position to see for yourself where
they stand vis a vis each other. This will definitely hold you in good stead when you want to
buy a new house for yourself.
Read on to find out the differences between West Bengal’s HIRA and Center’s RERA. This will
give you a comprehensive understanding of the same and will help you immensely in your
future life.
1. Regulating Authority’s Power
The RERA has more encompassing powers than the HIRA when it comes to the power of these
authorities. The RERA allows the authority under question to make a suo moto reference in
the unpleasant situation of a violation of the Act to the CCI that means the Competition
Commission Of India. This facility is not available in HIRA. This shows that the ability to make
a suo moto reference is available only with RERA and is not available with HIRA. Thus, we see
that RERA has more power than HIRA in this regard.
2. Construction Materials
The authorities that have made been instituted by RERA can get the construction materials
that are used for the purpose through recommendations with the government. On the other
hand, the HIRA only has the power to make recommendations of construction materials for
the state. This is how it is different from the RERA. Construction materials are also important

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for making new buildings and both RERA and HIRA provide you with important tips and
guidelines for procuring the same.
3. Implication of Garage
Under RERA, a garage is defined as a place that is covered on the top and has three walls
surrounding it. This means that open parking spaces or spaces with no roof are not counted
in this fray. On the other hand, in HIRA the implication of garage means that any kind of
parking space and this includes open spaces as well. Hence, HIRA is more inclusive and all-
encompassing than RERA. This is because parking space is a necessity as all residents will have
cars and they need a vacant space where they can keep the same in a safe and secure
condition.
4. Courts That Can Try Offences
RERA has certain restrictions when it comes to courts that are trying cases. Here only
magistrates of the first class or metropolitan magistrates can try such cases. Any person below
that rank cannot try these cases. On the other hand, HIRA does not allow any way in which
you can seek redress for grievances as compared to RERA. Thus, we see that the courts can
help in a major way when you want to get grievance redressal and RERA certainly offers more
benefits than HIRA.
5. Areas For Planning
Under RERA there is the concept of areas of planning where only the areas that are
demarcated by the regulatory authority can be used for the same. On the other hand, there
is no such restriction for HIRA. Thus for HIRA, there is no such restriction for the areas of
planning. This makes HIRA much more inclusive and all-encompassing then RERA.
6. Events Of Force Majeure
According to RERA, the force majeure items are limited to natural calamities like fire, flood,
drought, cyclone, earthquake and the man-made violence of war. This limits and restricts
these calamities to other events that may be prescribed too and this makes it completely
open to interpretation. Thus, we see that the events of force majeure are more encompassing
in HIRA than in RERA. Hence, it is clear that HIRA is much better than RERA in this regard.
7. Offense Compounding
Under RERA, people can provide compounding of offenses that are punishable under the
Criminal Procedure Code of 1973. They also provide additional punishment for the same only
keeping in mind that they should not exceed the maximum fine that is suggested by RERA. On
the other hand, there is no such facility under HIRA that allows for compounding of offenses.
In this way, the RERA provides more penalties for offense compounding than HIRA.
8. Compensation Of Compound Or Interest
Generally, there can be some dispute for calculation of compound or interest. An adjudicating
officer is appointed for the same. He or she fixes the rate of the amount of interest or
compensation that has to be paid by the property developer or the real estate agent. On the
other hand, the HIRA allows only the regulatory body to decide on the compensation of

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compound or interest. It does not give the facility of the role of the adjudicating officer to
perform this same task.
9. Superseding Authority
The RERA allows the President or the Governor to supersede the authority of the controlling
body. On the other hand, the HIRA allows the West Bengal government to supersede the
same authority. Thus, the superseding authority changes with the change in the regulating
body.
10. Final Conclusion
From the above, we can see that there are many differences between West Bengal’s HIRA
and Center’s RERA. While most of them are based on monetary considerations, there are
some that are based on regulatory classifications too. Here we have provided the information
in digestible bits so that you can get a comprehensive understanding of the same. This will
help you make an informed decision about how to go about handling the rules and regulations
of the concerned bodies.
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