Best RERA Project Registration for Builders Lawyer

For a developer, RERA registration is the gate through which every project now has to pass. Until a project is registered, the promoter can't advertise it, market it, take bookings or sell a single unit. Get the registration right and the project launches on time, with disclosures that protect the developer as well as buyers. Get it wrong, through incomplete documents, inconsistent declarations or missed approvals, and the launch is delayed, or worse, the project is exposed to complaints and penalties for years.

This page explains when registration is required, what the application involves, the declarations that matter most, and the points where registrations commonly run into trouble. We act for developers, land owners and joint development partners on registrations before UP RERA, Haryana RERA and Delhi RERA.

When registration is required

Under Section 3 of the Real Estate (Regulation and Development) Act, 2016, no promoter can advertise, market, book, sell or 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 the project with the state authority.

The main exemptions in Section 3(2) are:

• where the area of land proposed to be developed doesn't exceed 500 square metres, or the number of apartments proposed doesn't exceed eight, inclusive of all phases (states can lower these thresholds);
• where the promoter received a completion certificate before the Act came into force; and
• renovation, repair or redevelopment that doesn't involve marketing, advertising, selling or new allotment.

Where a project is developed in phases, each phase is treated as a stand-alone project and needs its own registration. Plotted developments, commercial projects, mixed-use developments and group housing all need registration if they cross the threshold.

For projects that were already ongoing when the Act came into force and hadn't received a completion certificate, promoters had to apply within three months of commencement. Ongoing projects that never registered remain in breach.

What the application contains

Section 4 sets out what the promoter must submit, and each state's rules add detail and forms. Broadly, the application includes:

About the promoter

• the promoter's enterprise details: name, registered address, type of entity, and details of directors, partners or promoters;
• a brief of projects launched by the promoter in the past five years, whether completed or under development, with their current status, delays and pending cases; and
• details of land owners and any joint development or collaboration arrangement.

About the project

• authenticated copies of approvals and the commencement certificate from the competent authority, and where the project is in phases, approvals for each phase;
• the sanctioned plan, layout plan and specifications of the proposed project or phase, and the whole project as sanctioned;
• the plan of development works to be executed and the facilities to be provided, including fire-fighting, drinking water, emergency evacuation services and renewable energy;
• the location details, with clear demarcation of the land, its boundaries and latitude and longitude;
• proforma of the allotment letter, agreement for sale and conveyance deed proposed to be signed with buyers;
• the number, type and carpet area of apartments for sale, and the area of exclusive balconies, verandahs and terraces with each apartment;
• the number and area of garages for sale; and
• names and addresses of real estate agents, contractors, architects, structural engineers and other persons concerned with development.

The declaration

Section 4(2)(l) requires a declaration, supported by an affidavit signed by the promoter or an authorised person, stating that:

• the promoter has legal title to the land, with legally valid documents and authentication of title if the land is owned by another person;
• the land is free from encumbrances, or giving details of encumbrances, including rights, title, interests or names of any party in or over the land, with details;
• the time period within which the promoter undertakes to complete the project or phase;
• 70% of amounts realised from allottees, from time to time, shall be deposited in a separate account in a scheduled bank, to cover the cost of construction and land, and shall be used only for that purpose;
• withdrawals from that account will be in proportion to the percentage of completion, certified by an engineer, an architect and a chartered accountant in practice;
• the accounts will be audited within six months after the end of every financial year by a chartered accountant, with a certificate that funds collected for the project were used for it and withdrawals were in compliance with the proportion to completion;
• the promoter will take all pending approvals on time; and
• such other information as may be specified by regulations.

The declarations that cause the most trouble later

From a developer's point of view, the declaration under Section 4(2)(l) is where registrations come back to bite. Every statement in it is made on affidavit, and every one of them can later be tested in a buyer's complaint, a penalty proceeding or an insolvency.

The completion date

The time period declared for completion becomes the registration's validity and the benchmark against which progress is judged. Promoters sometimes declare an optimistic date to make the project more attractive. It's far better to declare a realistic date with some margin. A date missed by a year exposes the developer to refund claims, delay interest and the need to apply for an extension under Section 6, which isn't automatic.

The declared date also needs to be consistent with the possession date in the agreement for sale that the developer will sign with buyers. Inconsistency between the two invites disputes.

Title and encumbrances

Land held through collaboration agreements, development rights, leases from development authorities, or partly acquired parcels needs careful documentation. Any mortgage of the land to a lender must be disclosed. Lenders' no-objection to the project's registration and to sales is commonly needed. An undisclosed encumbrance discovered later can lead to penalties and to claims under Section 18(2) for defective title.

The 70% account

The separate account requirement is the heart of RERA's financial discipline. The promoter must deposit 70% of all amounts realised from allottees into a dedicated account in a scheduled bank, and use it only for land and construction costs of that project. Withdrawals must be in proportion to completion and certified by an engineer, an architect and a chartered accountant. Annual audit of the account is mandatory.

In practice, problems arise where developers treat the account as a formality, withdraw in excess of completion, or route buyer payments to other accounts. These are among the issues authorities look at most closely when buyers complain. Our page on the 70% account covers it in more detail.

Pending approvals

Many projects are registered with some approvals still pending, such as environmental clearance for a later phase, fire clearance at completion, or specific NOCs. The declaration commits the promoter to obtain them on time. A list of pending approvals with realistic dates is better than a vague undertaking.

The process

1. Pre-registration review. We review title, approvals, land arrangements, the proposed plans and the promoter's track record disclosure, and flag gaps before filing.
2. Preparing the documents. Forms, affidavits, certificates from the architect, engineer and chartered accountant, the proforma agreement for sale in line with the state's model agreement, and the project's financial details.
3. Online application. Filed on the state authority's portal with the prescribed fee, which is generally calculated on the land area or built-up area at rates set by the state rules.
4. Scrutiny and queries. The authority examines the application and may raise queries or ask for further documents. Responding quickly and completely is what keeps the timeline short.
5. Grant or rejection. Under Section 5, the authority must grant registration or reject the application within 30 days, recording reasons for rejection after giving the promoter an opportunity to be heard. If it does neither within 30 days, the project is deemed registered, and the authority must provide a registration number and login credentials within seven days.
6. After registration. The project page goes live on the authority's website, and the promoter's continuing obligations begin.

Common reasons applications get stuck

• approvals that don't match: the sanctioned plan, the layout and the proposed units don't reconcile;
• land documents that don't show clear title or authority to develop, especially in collaboration arrangements;
• missing lender no-objections where the land is mortgaged;
• a proforma agreement that departs from the state's model agreement on key terms;
• incomplete track record disclosure, particularly of earlier delayed projects or pending litigation;
• carpet area figures that don't match the plans;
• an unrealistic completion date compared with the project's scale and approvals; and
• advertisement or marketing activity already started before registration, which itself is a violation.

Obligations that begin on registration

Registration isn't a one-time event. It starts a set of continuing obligations, and the developer's compliance with them is visible to buyers and the authority on the project's public page.

• Quarterly updates under Section 11(1): the list of units booked, garages booked, approvals taken and pending, and the status of the project, on the project's web page.
• Advertisements under Section 11(2) must prominently mention the registration number and the authority's website address where the registration details can be seen.
• The 70% account and its certified withdrawals and annual audit.
• Adherence to sanctioned plans under Section 14, with consent requirements for changes.
• Agreements for sale in the prescribed form, and no acceptance of more than 10% before a registered agreement, under Section 13.
• Insurance obligations under Section 16, as notified.
• Enabling formation of the allottees' association under Section 11(4)(e).
• Obtaining the completion or occupancy certificate and handing over possession, conveyance and common areas under Sections 11, 17 and 19.

Our page on ongoing compliance covers these in more detail.

Consequences of not registering

Section 59 provides that a promoter who contravenes Section 3 is liable to a penalty of up to 10% of the estimated cost of the project as determined by the authority. If the promoter continues the violation or doesn't comply with orders, it can be punished with imprisonment of up to three years, or a further fine of up to another 10% of the estimated cost, or both.

Beyond the penalty, selling without registration gives every buyer a ground for complaint, invites scrutiny of everything else the developer has done, and can make banks unwilling to lend to buyers in the project.

Joint development and land owner arrangements

Many NCR projects are developed under joint development or collaboration agreements, where a land owner contributes land and a developer builds, with units or revenue shared. The Act's definition of promoter is wide enough to include both the developer and, in many cases, the land owner. Registration needs to reflect the arrangement accurately: who is the promoter, who owns the land, how units are allocated between them, and who is responsible for which obligations. Getting this right at registration avoids later disputes in which buyers sue both parties and each blames the other.

Plotted developments

For plotted colonies, the application must show the licence or approval, the layout with plot numbers and sizes, the internal development works to be carried out (roads, water, sewer, drainage, electricity, street lighting, parks), and the timeline for completion of those works. In Haryana, details of the DTCP licence and external development charges are central. In Uttar Pradesh, the township or development approval and any dues to the development authority are relevant.

Registration of ongoing and late projects

If you're a promoter with a project that should have been registered but wasn't, the right course is usually to apply as soon as possible, with full disclosure. Authorities can and do impose penalties under Section 59 for late registration, but a promoter who comes forward and complies is generally in a better position than one discovered through buyer complaints. We advise on the strategy for late registration, including how to present the history and how to deal with buyers who booked before registration.

Why careful registration protects the developer

Developers sometimes see RERA registration as a hurdle to clear as fast as possible. That's understandable when a launch is planned and marketing is ready. But the registration file is also the developer's best defence in future disputes, and a careful one pays for itself.

• A realistic completion date reduces the risk of refund claims and the need for extensions.
• Full disclosure of encumbrances and approvals protects against allegations of misrepresentation under Section 12 and claims for defective title.
• A proforma agreement that tracks the model agreement reduces arguments that the developer's terms are one-sided or unenforceable.
• Clear specifications and amenities, matched to the sanctioned plans, reduce later disputes about what was promised.
• Accurate carpet areas avoid disputes over area increases at possession.
• A clean track-record disclosure avoids later accusations of concealment if an earlier project's problems surface.

When a buyer files a complaint years later, the authority will look at what the developer declared at registration. Developers whose declarations were careful and honest are in a far better position than those whose declarations were optimistic or incomplete.

Marketing before registration

Pre-launch activity is where many developers get into trouble without meaning to. Under Section 3, advertising, marketing and inviting persons to purchase are prohibited before registration, not just signing agreements. In practice, that includes:

• hoardings, newspaper and online advertisements for the project;
• channel partner campaigns collecting "expressions of interest";
• social media posts inviting enquiries for "upcoming" units;
• collecting cheques or token amounts for priority allotment; and
• price lists circulated to brokers.

Authorities in the NCR have taken action against developers for advertising unregistered projects, including where the advertising was done by brokers. Plan the launch so that marketing begins only once the registration number has been issued.

Registration in UP, Haryana and Delhi

The legal requirements are the same across states, but the portals, forms, fees and practices differ.

• UP RERA handles registrations for all of Uttar Pradesh, including Noida, Greater Noida, the Yamuna Expressway and Ghaziabad. Land in these areas is often leasehold from a development authority, so the lease deed and the authority's dues position are central to the title declaration.
• Haryana RERA has two authorities: Gurugram for Gurugram district and Panchkula for the rest of the state. Licences from the Department of Town and Country Planning, licence renewals and external development charge status are key documents.
• Delhi RERA handles registrations for projects within Delhi, where land arrangements may involve DDA, land pooling or private freehold land.

We prepare registrations with the specific practice of each authority in mind, which usually shortens the query stage considerably.

How we help developers

1. Pre-registration due diligence on title, land arrangements, approvals, encumbrances and the project plan.
2. Structuring advice for joint development, phasing and the identification of promoters.
3. Drafting the proforma allotment letter, agreement for sale and conveyance deed in line with the state model, with commercially sensible additions that don't conflict with the Act.
4. Preparing the application, affidavits and certificates, and coordinating with the architect, engineer and chartered accountant.
5. Filing and query handling on the authority's portal.
6. Post-registration compliance set-up: the 70% account, quarterly updates, advertisement guidelines for the sales team and channel partners.
7. Ongoing support for extensions, modifications, and responses to notices or complaints.

Documents checklist

• Company or firm documents, PAN, and details of directors or partners
• Track record of projects in the last five years
• Title documents, lease deeds or collaboration agreements, and land owner consents
• Encumbrance details and lender no-objections
• Licence or approval, sanctioned building and layout plans, commencement certificate
• Environmental clearance and other approvals, as applicable
• Development plan and specifications, including amenities and services
• Unit-wise carpet area statement, balcony and terrace areas, garages
• Proforma allotment letter, agreement for sale and conveyance deed
• Details of the separate project bank account
• Details of architects, engineers, contractors and registered agents
• Estimated project cost and financial details as required by the state rules

A word on timing

Although the Act gives the authority 30 days, the practical time from starting preparation to receiving the registration number depends mostly on how ready the developer's documents are. Approvals that don't reconcile, title documents that need rectification, or a missing lender's no-objection can take weeks to fix. We usually suggest starting the registration file well before the planned launch date, in parallel with the final approvals, so that the application can be filed the day the last approval arrives.

Modifying a registration

Projects change. Plans are revised, phases are added or merged, approvals are amended, and occasionally the promoter entity itself changes. Each of these may need the registration to be updated, and some need more than an update.

• Revised plans: changes to sanctioned plans after units have been sold need the consents required by Section 14, in addition to the planning authority's approval. The registration should be updated with the revised approvals once they're properly obtained.
• Additional phases: each new phase needs its own registration.
• Change of completion date: handled through an extension application under Section 6, not a simple update.
• Change of promoter: a transfer of the project, or of the majority of the promoter's rights and liabilities, to a third party needs the prior written consent of two-thirds of the allottees and the authority's approval under Section 15.
• Change of bank account for the 70% account, or of the architect, engineer or chartered accountant, should be updated promptly.

Keeping the registration current isn't only a compliance matter. Buyers and their lawyers read the project page, and inconsistencies between the page and what's happening on site are often the starting point of complaints.

Revocation and lapse

Under Section 7, the authority can revoke a registration on a complaint or on its own, where the promoter makes default in anything required under the Act, violates the terms of approval, is involved in unfair practices or irregularities, or indulges in fraudulent practices. Revocation can be devastating: it ends the promoter's right to deal with the project, and under Section 8, the authority can decide how the remaining development is to be carried out, including by the association of allottees or another agency.

Registrations also lapse at the end of the declared period if not extended. A lapsed registration is a red flag for buyers and lenders, and a ground for buyers to seek refunds. Monitoring the validity date, and applying for extension in good time where justified, should be part of every developer's compliance calendar.

Frequently asked questions

Which projects need RERA registration?

Projects in a planning area where land exceeds 500 square metres or apartments exceed eight, including all phases, unless an exemption under Section 3(2) applies. States can lower the thresholds.

How long does registration take?

Under Section 5, the authority must grant or reject the application within 30 days, failing which the project is deemed registered. Queries and incomplete documents can extend the practical timeline.

Can I take bookings while the application is pending?

No. Advertising, marketing, booking or selling before registration breaches Section 3, including "expressions of interest".

Does each phase need separate registration?

Yes. Under the explanation to Section 3, each phase is treated as a stand-alone project.

What is the 70% account?

A separate account in a scheduled bank into which 70% of amounts realised from allottees must be deposited, to be used only for land and construction costs of that project, with certified proportionate withdrawals and annual audit.

What if I can't complete by the declared date?

You can apply for extension under Section 6 in cases of force majeure or other reasonable circumstances without default by the promoter, normally for up to one year. Extension isn't automatic.

Is the land owner a promoter too?

Often, yes, under the Act's wide definition, particularly in joint development arrangements. The registration should reflect the arrangement accurately.

What is the penalty for not registering?

Up to 10% of the estimated project cost under Section 59, with imprisonment or further penalty for continuing violations.

General information about project registration under the Real Estate (Regulation and Development) Act, 2016. Forms, fees and procedures differ by state and change from time to time. Not legal advice.