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Government plans major insolvency reforms to protect homebuyers’ interests

Real estate
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For years, homebuyers have faced uncertainty and financial distress whenever real estate developers went bankrupt, leaving projects incomplete and investments in limbo. Recognizing these challenges, the Central Government and the Insolvency and Bankruptcy Board of India (IBBI) are working on a set of significant reforms aimed at safeguarding homebuyers and improving transparency in the insolvency framework.

Key Proposed Reforms

Early Ownership Rights: Homebuyers who have paid at least 20% of a property’s total value may soon be eligible to register ownership in their name. This move would grant them legal protection even if the developer enters insolvency, reducing the risk of losing both money and property.

Project-Wise Resolution: Insolvency cases will be handled on a project-specific basis rather than at the company level. This will allow stalled housing projects to be completed faster and prevent buyers from being trapped in lengthy legal proceedings.

Simplified IBBI Processes: The IBBI is expected to introduce streamlined, time-bound procedures to speed up real estate resolutions—addressing one of the sector’s biggest pain points: delay.

Protection Against Asset Diversion: Stricter oversight mechanisms will ensure that project funds are used exclusively for construction and delivery, minimizing the risk of asset dilution or fund misappropriation.

Why These Reforms Matter

These changes aim to restore trust and stability in the real estate ecosystem. For homebuyers, they promise stronger legal safeguards, faster resolution timelines, and reduced financial vulnerability. For lenders and developers, the reforms pave the way for more predictable and transparent insolvency processes, helping projects reach completion instead of remaining abandoned.

The overarching goal is to make India’s insolvency regime more buyer-centric while maintaining a fair balance between financial creditors and developers. If effectively implemented, these measures could mark a turning point for distressed housing projects and the broader real estate market.

Opportunities for Resolution Professionals

The reforms also create new opportunities for insolvency resolution professionals, legal experts, and financial advisors. With clearer guidelines and project-level resolutions, these professionals can:

  • Manage cases with greater precision and reduced ambiguity.
  • Build stronger trust among homebuyers and financial institutions.
  • Facilitate smoother negotiations between stakeholders.
  • Deliver quicker and more effective resolutions, enhancing professional credibility.

The Road Ahead

The proposed reforms reaffirm the government’s commitment to protecting ordinary homebuyers while fostering accountability in the real estate sector. By enabling early ownership rights, curbing fund misuse, and expediting resolution timelines, India is moving toward a more secure, transparent, and buyer-friendly housing environment.

For homebuyers, developers, and financial stakeholders alike, these changes represent not just protection—but renewed confidence in the promise of real estate.

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