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What must a promoter register under the RERA Act?

By CS Deepa Sharma Updated

A promoter must register a real estate project with the state Real Estate Regulatory Authority before advertising or selling it, where the land proposed to be developed exceeds 500 square metres or the number of apartments exceeds eight. That duty is section 3 of the Real Estate (Regulation and Development) Act, 2016.

What must be registered?

The project, including a phase. A project that had already received a completion certificate before the Act commenced is outside that requirement. Registration is with the authority of the state where the project sits. It is not a form filed with the Registrar of Companies. This page does not quote the state’s fee.

Who else registers?

A real estate agent who facilitates the sale also registers with that authority. The promoter’s company, if the promoter uses a company, is incorporated separately. That filing is on the private-company page. The company certificate does not register the project.

What is outside the Act?

Renovation or repair that does not involve marketing, advertising, booking, or selling is not this registration. A plot or a building under the size in section 3 is outside it. The buyer’s money for a registered project is dealt with under the Act’s account rules. This page does not restate a percentage.

Frequently asked questions

Four questions cover a repair, the Registrar, advertising, and the fee.

Is every repair a RERA project?

No. Renovation or repair that does not involve marketing, advertising, or selling does not need this registration. A project over 500 square metres of land, or more than eight apartments, does.

Is the authority the Registrar of Companies?

No. Each state has its Real Estate Regulatory Authority. Incorporating the promoter’s company is a different filing.

Can the promoter advertise before registration?

No. Section 3 requires registration before the promoter advertises, markets, books, or sells the project.

Does this page quote a fee?

No. The fee is the fee of that state’s authority. It is not one national figure.

Sources

The Real Estate (Regulation and Development) Act, 2016 requires prior registration of a project under section 3. The authority is the state Real Estate Regulatory Authority.

  1. Private limited company registration