RERA Registration Checklist for Builders

For a developer, RERA registration is the gate every new project has to pass through before a single flat is advertised. Get it right and the project goes live on the authority's website, the sales team can start work, and the paperwork you've built becomes the foundation for the quarterly updates and audits that follow. Get it wrong and you face objections, delays, and in the worst case penalties for marketing an unregistered project.

We've helped promoters of all sizes register projects with several state authorities, and the same issues come up again and again. This checklist sets out what Section 4 of the Real Estate (Regulation and Development) Act, 2016 requires, the documents you'll typically need, the declarations that carry legal risk, and the practical points that cause applications to stall. State portals and forms differ, so treat this as a framework and check the current requirements of the authority you're applying to.

Do you need to register?

Section 3(1) says a promoter can't advertise, market, book, sell or offer for sale, or invite people to buy, any plot, apartment or building in a real estate project without first registering it. That covers residential and commercial projects, plotted developments, and mixed-use projects. It also covers each phase of a phased project separately.

The main exemptions in Section 3(2) are:

• Projects where the land doesn't exceed 500 square metres, or the number of apartments doesn't exceed eight, including all phases. States can lower these thresholds, and some have.
• Projects where the promoter received a completion certificate before the Act commenced.
• Renovation, repair or redevelopment that doesn't involve marketing, advertising, selling or new allotment of any apartment, plot or building.

If you're relying on an exemption, record why, and keep the supporting documents. Authorities do take suo motu action against unregistered projects that they believe aren't exempt.

Remember also that "promoter" is defined widely in Section 2(zk). It can include the landowner in a joint development arrangement, a development authority, and anyone who constructs or causes construction for sale. Where there's a landowner and a developer, decide early who will apply as promoter and how responsibilities and the project account will be shared, because both may be treated as promoters and held jointly liable.

Section 4: what the application must contain

Section 4(2) lists what the promoter has to submit with the application. We've grouped it into the categories most state portals use.

1. About the promoter

• Name, registered address and type of entity (company, LLP, partnership, proprietorship, society, authority).
• Registration particulars: certificate of incorporation, partnership deed or LLP agreement, memorandum and articles where relevant.
• PAN of the entity, and identity and address proof, photographs and contact details of directors, partners or proprietor.
• Audited balance sheets, profit and loss accounts and directors' or auditors' reports for the preceding financial years, usually three. Income tax returns are often asked for too.
• A board resolution or authorisation for the person signing the application.

2. Your track record

Section 4(2)(b) requires details of projects launched by the promoter in the past five years, whether completed or under development. For each, you have to give the current status, any delay in completion, details of cases pending, the type of land, and payments pending. Don't treat this as a formality. Authorities and buyers read it, and a misleading disclosure can come back as a ground for complaint or penalty later. If a past project was delayed, say so and explain why.

3. Land and title

• Authenticated copy of the title documents: sale deed, lease deed, allotment letter from a development authority, collaboration or joint development agreement, as applicable.
• Revenue records showing the land's status: khasra or khatauni, 7/12 extract, jamabandi, property card or equivalent, depending on the state.
• A title search report or legal opinion from an advocate, often in a prescribed format, tracing title over a period such as 30 years.
• Details of any encumbrances: mortgages, charges, liens, litigation, and rights of third parties. If the land is mortgaged to a lender for construction finance, disclose it and keep the lender's consent and NOC ready for later.
• Where the developer isn't the owner, the development agreement, power of attorney, and the landowner's consent and share arrangement.
• Location details: survey or plot numbers, boundaries on all sides, and latitude and longitude of the end points, as Section 4(2)(f) requires.

4. Approvals and plans

• Authenticated copies of all approvals and the commencement certificate from the competent authority. If the project is to be developed in phases, the approvals for each phase.
• The sanctioned building plan, layout plan and specifications for the whole project, or for the phase being registered.
• The plan of development works: internal and external development, roads, water supply, sewerage, drainage, power, fire fighting, rain water harvesting, solid waste management and similar facilities, with timelines.
• Environmental clearance, fire NOC, airport height clearance, forest or other clearances, where applicable to the project's size and location.
• Details of any approvals still pending, with the dates applied for and expected timelines.

The declaration you sign generally includes a promise to obtain all pending approvals on time. Don't register a project whose basic approvals are missing on the assumption they'll come through. Authorities generally won't accept an application without a valid building plan approval and commencement certificate, and marketing before key approvals are in place is a common source of later complaints.

5. The units

• The number, type and carpet area of apartments for sale, along with the area of exclusive balconies, verandahs and open terraces. Section 4(2)(h) and the definition of carpet area in Section 2(k) mean you must work from carpet area, not super area. See our guide on carpet area vs super area.
• The number and area of garages for sale, and details of open and covered parking.
• For plotted projects, the number and area of plots.
• The inventory: which units are already booked (for ongoing projects) and which are unsold.

6. Your sale documents

• The proforma allotment letter, agreement for sale and conveyance deed that you propose to sign with buyers.

Most states have a model agreement for sale in their RERA rules. Your agreement should follow it. Authorities check this, and terms that conflict with the model agreement or the Act, such as wide force majeure clauses, one-sided forfeiture or nominal delay compensation, are likely to draw objections. They also tend to be unenforceable against buyers later. See our guide on force majeure for how authorities read these clauses.

7. The people involved

• Names and addresses of the real estate agents you'll use, who must themselves be registered under Section 9. See our guide on agent registration.
• Names and addresses of the contractors, architect, structural engineer and other persons concerned with the development.

The declaration: where the legal risk sits

Section 4(2)(l) requires a declaration supported by an affidavit, signed by the promoter or an authorised person. Most states call it Form B or something similar. It is the part of the application that creates the most personal exposure, because a false statement in an affidavit can bring penalties under the Act and, potentially, criminal consequences. The first four points below come from Section 4(2)(l) itself; the others appear in the declaration forms most states prescribe. Together they state:

1. That the promoter has a legal title to the land, with legally valid documents and authentication, or, where the promoter isn't the owner, that it has the owner's consent and the necessary agreements.
2. That the land is free from all encumbrances, or giving details of any encumbrances, including rights, title, interest or name of any party in or over the land.
3. The time period within which the promoter undertakes to complete the project or phase.
4. That 70% of the amounts realised from allottees will be deposited in a separate account in a scheduled bank to cover the cost of construction and the land cost, and used only for that purpose.
5. That the promoter will take all pending approvals on time.
6. That the promoter won't discriminate against any allottee in allotting units.

Choosing the completion date

The completion date in the declaration becomes the validity of the registration, and buyers rely on it. Be realistic. A date set to look attractive in the market, rather than one the project can actually meet, will lead to extension applications, complaints and delay interest. Under Section 6, the registration can be extended for force majeure, and in some other cases at the authority's discretion, but extensions aren't automatic and don't protect you from buyers' claims under the agreement.

The 70% project account

This is the heart of RERA's financial discipline, and the area where authorities are now most active. Section 4(2)(l)(D) requires that 70% of the money collected from buyers for the project goes into a separate account, and is used only for construction and land cost for that project.

Key points:

• Withdrawals must be in proportion to completion. You can withdraw from the account in proportion to the percentage of the project completed, as certified by an engineer, an architect and a practising chartered accountant.
• Certificates are needed for withdrawals. Many states prescribe forms for these, such as an engineer's certificate of work done, an architect's certificate of the percentage of completion, and a CA's certificate of costs incurred and the amount that can be withdrawn.
• Annual audit. The accounts must be audited within six months of the end of each financial year by a chartered accountant, who has to verify that amounts were used for the project and that withdrawals followed the proportionate rule. The statement of accounts is filed with the authority.
• State structures differ. Some states, Maharashtra being the best-known example, have prescribed a structure of more than one account, for example a collection account, the separate 70% account and a transaction account, with rules on how money moves between them. Check what your state requires before you open the accounts, because changing bank arrangements later is painful.
• Lenders. If you have construction finance, the lender's escrow or lien on receivables has to be fitted around the RERA account rules. Agree the mechanics with the lender early.

Misuse of the project account is one of the most common reasons for penalties and for buyers to seek forensic audits. Our 70% account compliance service covers setting up the accounts and the certification process.

Fees and the filing process

Registration fees are set by each state in its rules, usually as a rate per square metre of the land or the built-up area, with different rates for residential, commercial, mixed and plotted projects, and sometimes a minimum and maximum. Check the current schedule on your state authority's website, since fees are revised from time to time.

The process generally looks like this:

1. Create a promoter account on the state RERA portal, with the entity's details and KYC.
2. Prepare the documents in the formats and file sizes the portal accepts. Many portals have strict file limits, and large plan files may need to be split.
3. Fill in the online application: promoter, project, land, approvals, units, people, bank account and declaration.
4. Upload the documents and the signed affidavit.
5. Pay the fee online.
6. Respond to queries. The authority's staff examine the application and may raise objections or ask for clarifications. Reply promptly and completely.
7. Registration certificate. Once approved, the authority issues a registration number and certificate, and the project page goes live on its website.

Section 5 requires the authority to grant or reject registration within 30 days of the application. If it does neither, the project is deemed registered, and the authority must provide a registration number and login within seven days after that. In practice, the 30-day clock can be affected by queries, and some authorities treat the application as complete only once deficiencies are cured. Don't plan a launch around the assumption of deemed registration without advice.

Common reasons applications get stuck

• Title gaps. A missing link in the chain of title, a mutation that hasn't been done, or a dispute between co-owners.
• Undisclosed encumbrances, such as a mortgage that shows up in a search but wasn't declared.
• Approvals that don't match. The plan uploaded is an older version, or the number of units in the application differs from the sanctioned plan.
• Carpet area errors. Areas given in super area terms, or carpet area calculated differently from the Act's definition.
• A non-compliant agreement for sale that departs from the model agreement in the state rules.
• Track-record disclosures that are incomplete or that the authority knows to be inaccurate from its own records of complaints.
• Agents not registered. Listing agents who don't have their own RERA registration.
• Bank account details that don't follow the state's prescribed structure.
• Document formats. Unsigned or unattested copies, illegible scans, or missing pages.

Most of these are avoidable with a careful pre-filing review. We usually do a document check against the state's current checklist before anything is uploaded.

After registration: what you've signed up for

Registration isn't the end of the paperwork. It's the start of ongoing obligations that last until the project is complete and handed over.

• Quarterly updates under Section 11(1): bookings, approvals obtained and pending, and construction progress, uploaded to the project page within the deadline the state sets.
• Annual audited accounts for the project account.
• Display of the registration number on every advertisement and prospectus, with the authority's website address. Some states now require a QR code linking to the project page on advertisements.
• No changes to the plan without consent. Under Section 14, minor changes need the buyer's consent and other changes need the consent of at least two-thirds of the allottees, besides fresh approvals.
• No transfer of the project to another developer without the written consent of two-thirds of allottees and the authority's approval, under Section 15.
• Delivery, defects and conveyance. Possession on time with an occupancy certificate, fixing defects reported within five years, and executing the conveyance deed and handing over common areas to the association.

Missing these can lead to penalties, and in persistent cases to revocation of registration under Section 7. Our compliance service handles the ongoing filings for promoters.

Penalties for getting it wrong

The Act's penalties are serious enough that registration should be treated as a legal exercise, not just an administrative one.

• Not registering a project that needs registration: penalty of up to 10% of the estimated project cost under Section 59(1). Continued non-compliance can lead to imprisonment of up to three years, or a further fine of up to another 10%, or both, under Section 59(2).
• False information in the application, or breach of Section 4: penalty of up to 5% of the estimated project cost under Section 60.
• Other contraventions of the Act, rules or regulations: penalty of up to 5% of the estimated project cost under Section 61.
• Not complying with the authority's orders: daily penalties under Section 63, which can add up quickly.

Penalties are usually imposed in suo motu proceedings or following buyers' complaints, after a show-cause notice. If you receive one, take it seriously and reply with documents. See our penalty notice reply service.

A worked example

Here's a made-up example. A developer plans a 260-unit residential project in two towers on 1.8 acres in Greater Noida, on land leased from the development authority. It wants to register Tower 1 first.

The pre-filing review finds four problems. The lease deed is in the name of an older group company, and the transfer to the current entity is approved by the authority but hasn't been registered. The building plan uploaded is the original, not the revised plan sanctioned eight months later, so the unit count doesn't match. The draft agreement for sale has a force majeure clause much wider than the model agreement and a cancellation clause that forfeits 20% of the price. And one of the two channel partners listed doesn't have a RERA agent registration.

The developer registers the lease transfer, replaces the plan, redrafts the agreement on the model form, and drops the unregistered agent until it registers. The application goes in with Tower 1 as a separate phase, a realistic completion date with a buffer, and a bank account structure agreed with its construction lender. The authority raises two minor queries, which are answered within a week, and the registration is granted inside the statutory period.

Practical tips

• Start the title work first. It takes longest, and it's the hardest to fix late.
• Register phase by phase if you'll build in phases. It gives you realistic completion dates and limits the effect of problems in one phase on others.
• Use the model agreement. Fighting it costs more than it saves.
• Budget for certifications. Engineers, architects and CAs will be certifying your project every quarter and every year. Choose people who understand RERA.
• Train your sales team. Brochures, hoardings and digital ads must show the registration number and mustn't promise anything not in the registered plans.
• Keep a single source of truth. The same carpet areas, unit counts and dates should appear in the application, the agreement, the brochure and the quarterly updates.

The bottom line

RERA registration rewards preparation. Clean title, current approvals, accurate carpet areas, a compliant agreement for sale, a properly structured project account and a realistic completion date make the process straightforward. Shortcuts at the registration stage tend to come back later as objections, extension applications, penalties or buyer complaints. If you'd like help with an application, see our project registration service, and for later extensions, registration extension.

Frequently asked questions

Which projects need RERA registration?

Any project where plots, apartments or buildings are to be sold, unless it's exempt. The main exemptions are land of 500 square metres or less, or eight apartments or fewer across all phases, though states can set lower thresholds.

Can I advertise or take bookings before registration?

No. Section 3 prohibits advertising, marketing, booking or selling before registration. Doing so can lead to a penalty of up to 10% of the project cost.

How long does registration take?

Section 5 requires the authority to decide within 30 days, failing which the project is deemed registered. Queries and deficiencies can extend the practical timeline.

What is the 70% rule?

Seventy percent of money collected from buyers must go into a separate account and be used only for that project's construction and land cost, withdrawn in proportion to progress as certified by an engineer, architect and chartered accountant.

Do I need to register each phase separately?

Yes. Each phase of a phased project is treated as a separate project under the explanation to Section 3.

Can I use my own agreement for sale?

You should follow the model agreement in your state's rules. Terms that conflict with it or with the Act are likely to draw objections and may not be enforceable.

What happens after registration?

You'll have to file quarterly updates, annual audited accounts of the project account, display the registration number in advertising, and meet the Act's duties on changes, delivery, defects and conveyance.

This checklist summarises the general requirements for project registration under the Real Estate (Regulation and Development) Act, 2016. Each state has its own rules, forms, fee schedules and portal requirements, which change from time to time. This isn't legal advice on your project; check the current requirements of your state authority.