RERA Registration Online for Real Estate Projects and Agents
The Real Estate (Regulation and Development) Act, 2016 regulates real estate projects, promoters and real estate agents, promotes transparency and accountability, protects allottees and provides regulatory and appellate dispute-resolution mechanisms.
What is the Real Estate (Regulation and Development) Act, 2016?
The Real Estate (Regulation and Development) Act, 2016 establishes Real Estate Regulatory Authorities for regulation and promotion of the real estate sector. It seeks efficient and transparent sale of plots, apartments and buildings, protection of consumer interests, speedy dispute redressal and an appellate mechanism through Real Estate Appellate Tribunals.
The Act covers both residential and commercial real estate. Registration is administered by the Real Estate Regulatory Authority of the relevant State or Union Territory, together with the applicable State/UT rules and regulations.
Which Real Estate Projects Require RERA Registration?
Under section 3, a promoter cannot advertise, market, book, sell, offer for sale or invite persons to purchase any plot, apartment or building in a real estate project in a planning area without first registering that project with the Real Estate Regulatory Authority, unless an exemption applies.
If a real estate project is developed in phases, each phase is treated as a standalone real estate project and must be registered separately where registration is required.
Ongoing Projects
The original commencement provision required ongoing projects that had not received a completion certificate when the operative provisions came into force to apply for registration within three months. That was a transitional requirement when RERA commenced; it should not be presented as a fresh three-month filing period for every present-day project.
Projects Exempt from Registration under Section 3(2)
Registration is not required in the following statutory situations, subject to the applicable State/UT rules and notifications:
- where the land proposed to be developed does not exceed 500 square metres or the number of apartments does not exceed eight, inclusive of all phases, unless the appropriate Government has reduced the threshold;
- where the promoter received the completion certificate for the real estate project before commencement of the relevant RERA registration provisions; and
- where the purpose is renovation, repair or redevelopment that does not involve marketing, advertising, selling or new allotment of any apartment, plot or building.
Key Buyer Protections and Promoter Obligations under RERA
No Advertising or Sale Before Registration
A project that requires registration cannot be advertised, marketed, booked or offered for sale before registration under section 3. The promoter must prominently display the project registration number and other prescribed information in advertisements and project disclosures.
Advance Payment Limited to 10% Before Agreement for Sale
Section 13 provides that a promoter cannot accept more than 10% of the cost of the apartment, plot or building as an advance payment or application fee without first entering into a written agreement for sale with the allottee and registering that agreement as required by applicable law.
70% of Amounts Realised to Be Kept in a Separate Account
Section 4 requires seventy per cent of the amounts realised from allottees for the real estate project, from time to time, to be deposited in a separate scheduled-bank account to cover the cost of construction and the land cost and to be used only for that purpose. Withdrawals are linked to the percentage of project completion and must be certified by an engineer, architect and chartered accountant.
Sanctioned Plans Cannot Be Materially Changed Unilaterally
Section 14 allows only limited minor additions or alterations at an allottee's request or as may be necessary and recommended/verified by authorised professionals, subject to the Act. Other additions or alterations in sanctioned plans, layout plans, buildings or common areas generally require prior written consent of at least two-thirds of the allottees, excluding the promoter.
Five-Year Structural and Defect Liability
If a structural defect or another defect in workmanship, quality or provision of services, or another obligation of the promoter under the agreement for sale, is brought to the promoter's notice within five years from handing over possession, the promoter must rectify it without further charge within 30 days. Failure can entitle the allottee to compensation under the Act.
Delay in Possession
Where the promoter fails to complete or is unable to give possession in accordance with the agreement for sale or due to discontinuance of business because of suspension or revocation of registration, section 18 provides statutory remedies that may include refund with prescribed interest and compensation where the allottee wishes to withdraw. An allottee who does not withdraw may be entitled to interest for every month of delay until possession is handed over.
Documents and Information for RERA Project Registration
Section 4 specifies core information and documents for project registration. State/UT authorities may prescribe additional requirements. Common requirements include:
| Document / information | Purpose |
|---|---|
| Promoter's name, registered address, type of enterprise and registration particulars | Identifies the promoter and legal constitution. |
| Photograph of promoter / authorised persons where prescribed | Identity and portal verification. |
| PAN and constitution documents | Tax and entity verification. |
| Details of projects launched in the preceding five years | Includes project status, completion delays and pending cases as prescribed. |
| Authenticated approvals and commencement certificate | Shows development approvals obtained from competent authorities. |
| Sanctioned plan, layout plan and specifications | Defines the approved project configuration. |
| Development works and facilities proposed | Provides infrastructure and amenities disclosure. |
| Project location with clear land boundaries | Identifies the project land, including latitude/longitude where prescribed. |
| Proforma allotment letter, agreement for sale and conveyance deed | Discloses contractual documents proposed for allottees. |
| Number, type and carpet area of apartments / garages | Provides inventory and sale-area disclosure. |
| Names and addresses of real estate agents, contractors, architect and structural engineer | Identifies key project participants. |
| Title deed and legal title details | Supports promoter's legal title to the land. |
| Encumbrance details | Discloses title burdens or encumbrances, if any. |
| Owner consent / collaboration or development agreement where promoter is not landowner | Shows legal authority to develop the property. |
| Declaration supported by affidavit under section 4(2)(l) | Covers title, encumbrances, completion period, 70% separate account and other statutory declarations. |
RERA Project Registration Process
- Identify the applicable State/UT RERA Authority. Project registration is filed with the Authority having jurisdiction over the project location.
- Check whether registration is mandatory. Review section 3, the project area, apartment count, phases, completion status and any reduced threshold notified by the appropriate Government.
- Collect statutory approvals and project documents. Keep title, sanction, commencement, layout, agreement and promoter documents ready.
- Prepare the statutory declaration. This includes the promoter's title/encumbrance disclosures, completion period and undertaking concerning the separate bank account.
- Create the promoter/project account on the applicable RERA portal. Registration is generally processed electronically by the State/UT Authority, subject to its rules and system.
- Complete the project application and upload documents. Enter project, promoter, land, approvals, professional-team and inventory details.
- Pay the prescribed registration fee. The fee and method are determined by the relevant State/UT rules.
- Submit and track the application. Section 5 requires the Authority to grant or reject the application within 30 days from receipt, subject to the Act.
RERA Registration of Real Estate Agents
Section 9 provides that no real estate agent can facilitate the sale or purchase of, or act on behalf of any person to facilitate sale or purchase of, a plot, apartment or building in a project registered under section 3 in a planning area without obtaining RERA registration.
The Authority grants a single agent registration for the entire State or Union Territory, subject to the applicable rules. The registration number must be quoted in every sale facilitated by the registered agent.
Common Documents for Agent Registration
- name, address and contact particulars of the applicant;
- PAN and legal-constitution documents;
- photographs and details of proprietor, partners, directors or authorised persons, as applicable;
- business address proof;
- registration/incorporation certificate or partnership/LLP documents, where applicable;
- other documents, declarations and fees prescribed by the State/UT RERA rules.
Key Duties of Registered Real Estate Agents
A registered agent must not facilitate sale or purchase in an unregistered project where registration is required, must maintain books and records as prescribed, avoid unfair trade practices, facilitate possession of information and documents to the allottee, and perform the other functions prescribed under section 10 and the applicable rules.
Important Post-Registration Compliance for Promoters
- display the RERA registration number and prescribed project details in advertisements;
- maintain the project webpage and make periodic project updates as required by the Authority;
- deposit seventy per cent of amounts realised from allottees into the statutory separate account;
- withdraw from the separate account only in proportion to completion and on required professional certification;
- have project accounts audited within six months after the end of each financial year by a practising chartered accountant, as required by section 4;
- adhere to sanctioned plans, layout plans and specifications and follow section 14 for permitted alterations;
- execute a registered conveyance deed and hand over possession and common-area documents as required;
- obtain completion/occupancy certificates where applicable and provide them to allottees or the association;
- form or enable formation of the association/society of allottees in accordance with applicable law; and
- comply with directions and orders of the Authority and Appellate Tribunal.
Revocation of RERA Project Registration
Under section 7, the Authority may revoke registration on a complaint or suo motu if the promoter defaults under the Act, violates the terms or conditions of approval, is involved in an unfair practice or irregularity, or commits other specified breaches.
Before revoking registration, the Authority must give the promoter at least 30 days' written notice stating the grounds and consider the promoter's explanation. Instead of revocation, the Authority may permit registration to remain in force subject to further terms and conditions imposed in the interest of allottees.
Consequences of lapse or revocation are governed by section 8, including measures for completion of the remaining development work. In a revocation case, the association of allottees has the statutory first right of refusal for carrying out remaining development work.
Penalties for Non-Registration and Other RERA Contraventions
| Contravention | Statutory consequence |
|---|---|
| Promoter: non-registration under section 3 | Section 59: penalty up to 10% of estimated project cost; continued contravention of the order may attract imprisonment up to 3 years or further fine up to 10% of estimated project cost or both. |
| Promoter: contravention of section 4 | Section 60: penalty up to 5% of estimated project cost. |
| Promoter: contravention of other provisions where no separate penalty is provided | Section 61: penalty up to 5% of estimated project cost. |
| Real estate agent: non-registration or contravention of sections 9 or 10 | Section 62: ₹10,000 for every day during which default continues, cumulatively up to 5% of the cost of the plot, apartment or building for which the sale or purchase was facilitated. |
| Failure to comply with orders of Authority / Appellate Tribunal | Additional penalties under sections 63 to 68 may apply depending on whether the defaulting person is a promoter, real estate agent or allottee. |
Section 31 permits an aggrieved person, including an association of allottees or voluntary consumer association, to file a complaint with the Authority or adjudicating officer for violation of the Act or the rules and regulations made under it.
Frequently Asked Questions
Is RERA registration required for exactly 500 sq. m. or exactly 8 apartments?
Section 3(2) exempts a project where the proposed land area does not exceed 500 square metres or the number of apartments does not exceed eight, inclusive of all phases. However, the appropriate Government may reduce these exemption thresholds.
Can a promoter advertise before getting RERA registration?
No, where the project is required to be registered. Section 3 prohibits advertising, marketing, booking, selling, offering for sale or inviting purchasers before registration.
Can a promoter collect a 10% booking amount without an agreement for sale?
The statutory rule is that the promoter cannot accept an amount exceeding 10% of the cost as advance or application fee without first entering into a written agreement for sale and registering it as required. Section 13 does not say that every 10% payment itself requires prior agreement.
Is a real estate agent's RERA registration valid throughout India?
No. Section 9 contemplates a single registration for the entire State or Union Territory concerned, subject to the applicable rules. It is not a nationwide registration.
Official Government Resources
Project and agent filing is carried out through the relevant State/UT RERA Authority. The following central-government sources are useful for checking the governing Act and official guidance:
For application forms, registration fees, project disclosures and agent requirements, use the official RERA portal of the State or Union Territory where the project or agent registration is situated.