Section 56 of RERA: Right to Legal Representation
Section 56 of the Real Estate (Regulation and Development) Act, 2016 allows an applicant or appellant to appear personally or to authorise specified professionals or officers to present a case before the Real Estate Appellate Tribunal, Regulatory Authority or adjudicating officer.
Section 56 - Statutory provision
The applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be.
Explanation.-For the purposes of this section,-
(a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(c) "cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice.
Meaning and scope of Section 56
Section 56 provides a choice of representation. The applicant or appellant may conduct the case in person or authorise one or more eligible representatives. It applies to proceedings before three statutory forums: the Real Estate Regulatory Authority, the adjudicating officer and the Real Estate Appellate Tribunal. The provision does not require every party to engage an advocate.
Who may represent a party?
The permitted categories are a practising chartered accountant, practising company secretary, practising cost accountant, legal practitioner, or an officer of the applicant or appellant, as applicable. A professional within the first three categories must satisfy the statutory definition and hold the relevant certificate of practice. An officer representing an organisation should have appropriate authority to act for it.
Definitions under the Explanation
Chartered accountant: Defined by Section 2(1)(b) and the certificate-of-practice requirement under Section 6(1) of the Chartered Accountants Act, 1949.
Company secretary: Defined by Section 2(1)(c) and Section 6(1) of the Company Secretaries Act, 1980.
Cost accountant: Defined by Section 2(1)(b) and Section 6(1) of the Cost and Works Accountants Act, 1959 (now titled the Cost Accountants Act, 1959).
Legal practitioner: For Section 56, the statutory Explanation includes an advocate, vakil or attorney of a High Court and a pleader in practice. Representation remains subject to applicable professional and procedural requirements.
Practical application before RERA forums
A person appearing through an authorised representative should consult the procedural rules, regulations and filing directions applicable in the relevant State or Union Territory. The forum may require a signed authorisation, memorandum of appearance, identity or professional particulars, and prescribed supporting documents. Section 56 grants the right to representation; it does not by itself dispense with filing requirements, limitation periods or the applicable procedural rules.
Under Section 44, appeals may be brought before the Appellate Tribunal in accordance with the Act. Section 53 provides that the Appellate Tribunal is guided by principles of natural justice and may regulate its own procedure, subject to the Act.
Frequently asked questions
Is an advocate compulsory in RERA proceedings?
No. Section 56 expressly permits an applicant or appellant to appear in person and allows the categories of authorised representatives specified in the provision.
Can a chartered accountant appear before the Appellate Tribunal?
Yes, if the person meets the definition in Section 56, including the required certificate of practice, and is duly authorised.
Does Section 56 cover the Regulatory Authority as well as the Appellate Tribunal?
Yes. It expressly refers to the Regulatory Authority, adjudicating officer and Appellate Tribunal.
Official legal resources
Read the Real Estate (Regulation and Development) Act, 2016 (India Code, official text). State-specific rules, regulations and procedural directions should also be checked on the relevant State RERA authority or Appellate Tribunal website.