Real Estate & Infrastructure
Full-service real estate practice spanning acquisitions, development, leasing, and RERA compliance.
Overview
Real estate and infrastructure projects involve complex legal frameworks spanning title verification, land use regulations, environmental compliance, project financing, and RERA requirements. AMLEGALS provides comprehensive advisory to developers, investors, landowners, and occupiers across the real estate lifecycle. Our practice covers land acquisition, project structuring, construction contracts, leasing, and dispute resolution.
Understanding Real Estate & Infrastructure
Real estate represents one of India's largest economic sectors, contributing approximately 7% of GDP and employing millions. The sector encompasses residential, commercial, retail, industrial, and hospitality segments, each with distinct legal frameworks, market dynamics, and risk profiles. Effective real estate practice requires understanding land law, construction contracts, financing structures, and regulatory compliance across these segments.
The Real Estate (Regulation and Development) Act, 2016 (RERA) transformed residential real estate by introducing mandatory project registration, escrow requirements, delivery timelines, and grievance redressal mechanisms. RERA created accountability that protects homebuyers while also professionalizing developer practices. Seven years into implementation, RERA compliance has become integral to project planning and execution.
Land title in India presents unique challenges. The absence of conclusive land titling, historical fragmentation, incomplete records, and state-specific land laws create due diligence complexity. Title verification must examine revenue records, registration documents, litigation searches, and physical possession across extended periods—typically 30 years or more for significant transactions.
Construction contracts allocate risk between developers, contractors, and consultants through various models—EPC/turnkey, item rate, cost-plus, and management contracts. Contract selection depends on project type, risk appetite, and market conditions. Well-drafted contracts address scope definition, variation procedures, delay provisions, payment terms, defect liability, and dispute resolution. Poorly drafted contracts create disputes that delay projects and increase costs.
Infrastructure projects involve additional complexity through PPP frameworks, concession agreements, regulatory approvals, and multi-party coordination. Roads, ports, airports, and urban infrastructure projects require navigation of sector-specific regulations, government interfaces, and long-term operational arrangements.
Commercial leasing serves occupiers and landlords with distinct objectives. Office leases, retail arrangements, warehouse agreements, and industrial licenses each have specific considerations. Market conditions, lease terms, and operational requirements shape documentation that balances landlord protection with tenant flexibility.
Regulatory Landscape
RERA establishes comprehensive regulation for residential real estate. Project registration requires disclosure of approvals, layout plans, development timelines, and promoter background. The 70% escrow requirement ensures construction-linked deposits are used for project completion. Quarterly progress updates and annual audits create transparency. RERA authorities adjudicate complaints with powers to impose penalties including imprisonment.
State RERA variations add compliance complexity. Registration thresholds, carpet area definitions, and procedural requirements differ across states. Projects spanning state boundaries may require multiple registrations. State rules supplement the central act with varying procedural requirements.
Land revenue laws govern land records, mutations, and agricultural land conversions. The primary record—Khata/Khatauni/7/12 extract—reflects current holdings. Mutation updates records following transactions. Agricultural land conversion to non-agricultural use requires permission under state-specific regulations—a critical step for development projects.
Environmental clearance under EIA Notification applies to projects exceeding specified thresholds. Building projects over 20,000 square meters require Environmental Clearance. Projects in ecologically sensitive areas face additional restrictions. CRZ regulations govern coastal zone development with prohibitions and conditions varying by zone classification.
The Transfer of Property Act governs property transfers, leases, and mortgages. Registration requirements under the Registration Act mandate registration of instruments conveying immovable property exceeding specified values. Stamp duty varies by state and document type—a significant transaction cost requiring careful planning.
Foreign investment in real estate follows FEMA regulations. Construction development is open to 100% FDI under automatic route with conditions including minimum area/capitalization and lock-in periods. Investment in completed properties is generally prohibited except for NRIs and specified categories.
Key Practice Areas
Land Acquisition & Title
Title due diligence, land acquisition structuring, title insurance coordination, and resolution of title defects and encumbrances.
Project Development
Development agreements, joint venture structuring, construction contracts, and project financing documentation for residential and commercial developments.
RERA Compliance
Project registration, ongoing compliance, allottee documentation, and representation before RERA authorities and appellate tribunals.
Commercial Leasing
Office leases, retail leases, warehouse agreements, and lease structuring for occupiers and landlords across asset classes.
Infrastructure Projects
PPP structuring, concession agreements, EPC contracts, and regulatory advisory for infrastructure developments.
TCL Framework Application
Technical
Understanding project parameters, construction requirements, and engineering aspects to structure appropriate contracts.
Commercial
Aligning legal structures with project economics, financing requirements, and stakeholder returns.
Legal
Ensuring compliance with land laws, RERA, environmental regulations, and contract enforcement.
Regulatory Framework
Industries Served
Our Approach
AMLEGALS approaches real estate matters with the TCL Framework's emphasis on technical, commercial, and legal integration. Real estate decisions involve land characteristics, construction parameters, financing structures, and regulatory requirements—effective advisory addresses all dimensions.
Title due diligence follows comprehensive protocols. We examine 30+ years of chain of title through sale deeds, partition documents, wills, and court records. Revenue record verification confirms current holdings against transaction documents. Litigation searches at relevant courts identify pending disputes. Encumbrance certificates reveal registered charges. Physical inspection verifies possession and identifies potential adverse claims.
For project development, we begin with regulatory mapping—identifying required approvals from multiple authorities. Development agreements, JDA structures, and construction contracts are then tailored to project parameters. RERA compliance is integrated into project planning from inception. Financing documentation coordinates with development timelines.
Commercial leasing advisory addresses both occupier and landlord perspectives. We evaluate market terms, negotiate provisions, and document arrangements that address operational requirements while managing legal risk. Fit-out works, reinstatement obligations, and exit terms receive particular attention.
Transaction execution follows disciplined processes. We coordinate with counterparties, lenders, authorities, and internal stakeholders. Closing checklists ensure complete documentation. Post-closing compliance—registration, stamp duty payment, RERA updates—is tracked to completion.
Practical Guidance
Title due diligence should be proportionate to transaction value and risk. Simple residential purchases may require limited diligence; significant development land requires comprehensive examination. Engage qualified local counsel for searches in unfamiliar jurisdictions—local knowledge of record-keeping practices and potential issues is essential.
RERA compliance requires ongoing attention, not just initial registration. Quarterly updates, annual audits, and material change disclosures are mandatory. Marketing materials must comply with advertising guidelines. Allotment agreements must follow prescribed formats. Non-compliance attracts penalties and impacts project reputation.
Joint development agreements require careful structuring. The sharing ratio between landowner and developer should reflect land value, development costs, and market conditions. Construction specifications, timeline incentives/penalties, and RERA registration responsibilities need clear documentation. POA terms should be calibrated to development needs while protecting landowner interests.
Commercial lease negotiations should address future scenarios. Renewal options, expansion rights, and termination flexibility matter as business needs evolve. Landlord protections through security deposits, guarantees, and permitted use restrictions must balance against tenant operational requirements. Exit costs—reinstatement, rent acceleration, unamortized fit-out—affect tenancy economics significantly.
Construction contracts must address delay scenarios realistically. Extension of time provisions, liquidated damages calibration, and force majeure definitions should reflect project realities. Overly aggressive LD provisions may be unenforceable; overly lax provisions provide no protection. Variation procedures must be practical—rigid procedures create disputes; loose procedures enable scope creep.
Frequently Asked Questions
Is RERA registration mandatory for all projects?
RERA registration is required for projects exceeding 500 square meters or 8 apartments in most states. Ongoing projects at RERA commencement required registration. Exemptions apply to renovation, repair, and certain commercial projects.
What due diligence is required before land acquisition?
Essential due diligence includes title verification for 30+ years, encumbrance search, revenue records, approvals and licenses, litigation search, physical verification, land use compliance, and environmental clearances. The scope varies based on transaction type and land classification.
How are delays handled under RERA?
Developers must pay prescribed interest for delays beyond promised delivery date. Allottees may withdraw with refund and interest or continue with interest for delay. Force majeure provisions vary by state rules.
What is the structure of a typical joint development agreement?
JDA involves landowner contributing land and developer providing construction expertise and funding. Key terms include development ratio (sharing of built-up area/revenue), construction timelines, specifications, payment schedules, and RERA compliance responsibilities. Power of attorney and supplementary agreements support implementation.
How should commercial leases be structured for landlords?
Landlord-favorable provisions include security deposits (typically 6-12 months), rent escalation clauses, maintenance and common area terms, restrictions on assignment/subletting, specific use limitations, landlord's remedies for default, and clean exit requirements. Lock-in periods and notice requirements should be clearly specified.
What are the key RERA compliance obligations for developers?
Ongoing obligations include maintaining separate project account (70% of collections), quarterly updates to RERA authority, advertisement compliance, allotment agreements as prescribed, defect liability period (5 years), and association formation timelines. Non-compliance attracts penalties and can impact registration.
How are construction contracts typically structured?
Common structures include EPC (turnkey), item rate, cost-plus, and management contracts. Key provisions cover scope, specifications, pricing mechanism, variation procedures, milestone payments, retention, liquidated damages, defect liability, and dispute resolution. Contract choice depends on risk allocation preferences.
What environmental clearances are required for real estate projects?
Projects exceeding specified thresholds require Environmental Clearance under EIA Notification. Building projects over 20,000 sqm need EC. Additional clearances may be required for coastal areas (CRZ), forest land, or pollution-prone activities. Pre-construction and operational compliance conditions apply.
How do REITs work for real estate investment?
REITs pool investor funds to own income-generating real estate, offering liquidity and diversification. SEBI regulates Indian REITs with requirements for portfolio composition, distribution, leverage limits, and disclosure. REITs acquire or develop properties, distribute most income to unitholders, and trade on exchanges.
What is the process for buying property from NRI sellers?
NRI sellers must comply with FEMA regulations and may require RBI approval for certain property types. Tax deduction at source (TDS) rates are higher (20-30%). Lower TDS certificates may be obtained. Repatriation of sale proceeds has limits. Documentation must address residency status, power of attorney if applicable, and compliance certificates.
How are real estate disputes typically resolved?
Consumer disputes go to consumer forums or RERA authorities. Commercial disputes may be arbitrated or litigated. Specific performance claims require civil court proceedings. RERA provides faster resolution for allottee grievances. Choice depends on dispute nature, value, and relationship dynamics.
Why AMLEGALS
AMLEGALS real estate practice serves developers, investors, occupiers, and landowners across property types and transaction structures. Our experience spans land acquisition, project development, construction contracts, commercial leasing, and infrastructure projects. This breadth enables us to advise across the real estate lifecycle.
Our Ahmedabad headquarters positions us in one of India's most dynamic real estate markets. Gujarat's industrial growth, GIFT City development, and urban expansion create continuous real estate activity. Our presence across 10 Indian cities enables nationwide coverage for multi-location projects and portfolios.
The TCL Framework ensures our real estate advice integrates project realities with legal requirements. We understand construction processes, development economics, and market practices. This understanding enables practical advice that works for projects—not just legally sound but commercially implementable.
Our dispute resolution practice supports real estate matters when issues arise. Construction disputes, landlord-tenant conflicts, RERA proceedings, and land title litigation benefit from our litigation experience. Prevention through good documentation is preferred, but resolution capability provides complete service.
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Real Estate & Infrastructure Advisory
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