Real estate developers across the country are expanding their in-house legal teams as land disputes, delayed projects, regulatory obligations and complicated financing arrangements increase the risks associated with construction. Lawyers, previously consulted mainly after disagreements emerged, are now becoming involved during the earliest stages of project planning to identify potential legal and regulatory obstacles.

A property project can face delays even before construction begins because of unclear land ownership, competing claims, missing approvals or restrictions on how the land may be used. Developers must also navigate licensing requirements, contracts, financing agreements and compliance under the Real Estate (Regulation and Development) Act. Errors in any of these areas can lead to litigation, increased costs and prolonged delays for buyers awaiting possession.

Moksha Bhat, managing partner at AP & Partners, said the sector has become more sophisticated, particularly in the way transactions are structured. The combination of land acquisition, financing and licensing increasingly requires coordination between internal legal teams and external counsel. Lawyers are consequently being asked to examine land records, review transaction structures, track approvals and assess regulatory exposure before developers commit substantial funds.

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Land acquisition remains one of the most significant legal hurdles because developers must establish whether sellers possess clear titles and whether competing ownership claims exist. They must also confirm that the property can legally support the proposed development and obtain the necessary permissions. RERA places responsibility on promoters for defective land titles and provides remedies to buyers when possession is not delivered within the agreed period.

Regulatory enforcement has further increased the financial consequences of delays. In February 2026, Haryana RERA reportedly directed developers to pay approximately ₹41 lakh to buyers over an eight-year delay in handing over a Gurugram apartment, along with interest and litigation expenses. For companies managing several developments simultaneously, multiple disputes before RERA authorities, consumer commissions, arbitration panels or courts can create substantial portfolio-level risks.

Sanjeev Sachdeva, chief legal officer at Elan Group, said the legal function in real estate has undergone a fundamental change, with lawyers now participating in project conceptualisation, transaction advisory, business development and risk management. Stronger legal scrutiny can help developers reduce litigation and execution risks, improve confidence among lenders and investors, and give homebuyers a better chance of receiving their properties within the promised timeline.

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