Economic, Commercial and Intellectual Property Laws · Real Estate Regulation and Development Law

Registration of Real Estate Projects and Agents under RERA

Updated 11 October 2026 · Fact-checked

Under RERA, a promoter cannot advertise, market, book or sell any plot, apartment or building in a project without first registering it with the Real Estate Regulatory Authority (Section 3). Section 3(2) lists exemptions. Real estate agents must also register under Section 9. Answer by stating the rule, testing the facts against the exemptions, then concluding.

Understand Registration of Real Estate Projects and Agents

RERA is built on one idea: the buyer should see a project's details and legal status before paying. Registration is how that happens. The Authority publishes the project's details on its website, so allottees can check it.

Section 3(1) bars a promoter from advertising, marketing, booking, selling, offering for sale or inviting persons to purchase any plot, apartment or building in a real estate project in a planning area, without registering it. Note how wide this is. Even advertising without registration is barred. Ongoing projects that had no completion certificate on the date the Act commenced had to apply within three months of commencement.

Section 3(2) gives exemptions. No registration is needed where the land does not exceed 500 square metres or the apartments do not exceed eight, inclusive of all phases. The appropriate Government may lower these thresholds. Projects whose completion certificate was received before the Act commenced are exempt. Renovation, repair or re-development is exempt only if it involves no marketing, advertising, selling or new allotment. Where a project is in phases, each phase is a stand-alone project and needs its own registration.

Section 4 sets the process. The promoter applies to the Authority with the prescribed fee and encloses documents: details of the enterprise, projects of the past five years, approvals, sanctioned plans, development plans, location details, proforma of allotment letter, agreement for sale and conveyance deed, and a declaration supported by an affidavit. The declaration covers title, encumbrances, completion time, the 70% separate account and pending approvals.

Real estate agents are regulated separately. Section 9 requires registration before facilitating sale or purchase in a registered project. Section 10 lists their duties. Section 34 gives the Authority the function of registering and regulating both projects and agents, and publishing databases of them. On lapse or revocation, Section 8 lets the Authority act to complete the remaining work, and gives the association of allottees the first right of refusal where registration is revoked.

Key rules to remember

Prior registration rule: No advertising, marketing, booking, selling or offering for sale without registration (Section 3(1)); Applies to projects in any planning area. Ongoing projects without a completion certificate had to apply within three months of commencement.
Size exemption: Land ≤ 500 square metres OR apartments ≤ 8, inclusive of all phases (Section 3(2)(a)); Only one limb needs to be satisfied. Appropriate Government may reduce the thresholds.
Other exemptions: Completion certificate received before commencement; renovation, repair or re-development with no marketing, advertising, selling or new allotment (Section 3(2)(b), (c)); The renovation exemption is lost if any of those four activities takes place.
Phases: Each phase = a stand-alone project, registered separately (Explanation to Section 3); Phase-wise registration is mandatory.
Separate account: 70% of amounts realised from allottees deposited in a separate scheduled bank account (Section 4(2)(l)(D)); Withdrawal is in proportion to completion, certified by an engineer, an architect and a chartered accountant in practice. Accounts are audited within six months after each financial year end.
Agent registration: Single registration for the whole State or Union territory; registration number quoted in every sale (Section 9(3)(a), 9(5)); Deemed registration if no communication on deficiency or rejection within the prescribed period (Section 9(4)).
Revocation or suspension of agent: Breach of conditions or registration secured by misrepresentation or fraud, after a hearing (Section 9(7)); No revocation or suspension without an opportunity of being heard.

How to solve Registration of Real Estate Projects and Agents questions

Use this method for any question on whether registration is needed, how to obtain it, or what follows if it ends.

1Identify the person: promoter or real estate agent. Promoters fall under Sections 3 and 4; agents under Sections 9 and 10.
2State the general rule of Section 3(1) in plain words, including advertising and marketing.
3Test the facts against each exemption in Section 3(2): size, completion certificate before commencement, renovation without marketing or allotment.
4Check for phases. If the project is phased, treat each phase as a separate project.
5If registration is needed, list the process: application to the Authority with fee, Section 4(2) documents and the declaration, including the 70% account.
6For revocation, lapse or agent defaults, state the Authority's power, the hearing requirement and the consequence (Section 8 or 9(7)).
7Write a one-line conclusion that answers the question asked.

Quickest way: Rule, exemption, conclusion

When to use it: Short fact-based questions asking whether a promoter or agent must register.

Write Section 3(1) or Section 9(1) in one sentence.
Underline the numbers in the facts: land area, apartment count, completion certificate date.
Compare with 500 square metres, eight apartments and the commencement date.
Check whether any marketing or new allotment is happening.
Conclude: registration required or not required, with the section.

Common mistakes in Registration of Real Estate Projects and Agents

Saying exemption applies only if both land and apartments are below the limit.
Students read the two limits as a combined test.
Fix: The text says land does not exceed 500 square metres or apartments do not exceed eight. Either limb is enough.
Treating the limit as exceeded or not per phase.
Students forget the words inclusive of all phases.
Fix: Count all phases together for the size exemption, but register each phase separately if registration is required.
Assuming renovation is always exempt.
Students remember only the word renovation.
Fix: Exemption holds only if there is no marketing, advertising, selling or new allotment.
Thinking only sale needs registration, so advertising is allowed beforehand.
The word registration is linked mentally to sale deeds.
Fix: Section 3(1) bars advertising, marketing, booking and inviting purchases too.
Saying an agent needs a separate registration in each city.
Students assume local registration.
Fix: Section 9(3)(a) grants a single registration for the entire State or Union territory.
Forgetting the hearing before revoking or suspending an agent's registration.
Students focus on the breach and not on natural justice.
Fix: State that no revocation or suspension is made without an opportunity of being heard.

Worked examples

Example 1

Skyline Homes Ltd. plans a residential project in Pune on 450 square metres of land with twelve apartments. It wants to start advertising. Advise whether registration is required.

Show the solution

Rule: Section 3(1) bars advertising, marketing, booking or selling without registration.
Exemption: Section 3(2)(a) exempts a project where the land does not exceed 500 square metres or the apartments do not exceed eight, inclusive of all phases.
Facts: land is 450 square metres, which does not exceed 500. Apartments are twelve, which exceeds eight.
Since either limb is enough, the land limb is satisfied.
Note that the appropriate Government may reduce the thresholds, so check the State position.

Answer: Registration is not required under Section 3(2)(a), because the land does not exceed 500 square metres, unless the appropriate Government has reduced the threshold.

Example 2

Ravi Estates is a registered real estate agent. The Authority finds that Ravi obtained registration by giving false information. What action can it take?

Show the solution

Rule: Section 9(7) allows the Authority to revoke or suspend registration where the agent breaches conditions or registration was secured by misrepresentation or fraud.
Facts: registration was obtained by false information, which is misrepresentation or fraud.
Power: the Authority may revoke the registration or suspend it for such period as it thinks fit, without prejudice to other provisions of the Act.
Safeguard: it must first give Ravi an opportunity of being heard.
Publicity: under Section 34(d), the Authority maintains a public database of agents, including those whose registration has been revoked.

Answer: The Authority may revoke or suspend Ravi's registration under Section 9(7), after giving him an opportunity of being heard.

Exam tips

Quote the section numbers: 3(1), 3(2), 4, 9, 10, 34 and 8. Examiners reward them.
For case-style questions, always run the exemption checklist before concluding.
Learn the Section 4(2)(l) declaration points, especially the 70% separate account and the three certifiers.
Write short, structured answers: provision, application to facts, conclusion.
Compare promoter and agent registration in a table-like list of points when asked.

Practice questions from Real Estate Regulation and Development Law

Registration of Real Estate Projects and Agents in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Registration of Real Estate Projects and Agents: frequently asked questions

Which real estate projects are exempt from RERA registration?

Under Section 3(2), projects with land up to 500 square metres or up to eight apartments (inclusive of all phases), projects with a completion certificate received before the Act commenced, and renovation, repair or re-development without marketing, advertising, selling or new allotment. The appropriate Government may reduce the size thresholds.

Does a phased project need one registration or many?

Each phase is treated as a stand-alone project. The promoter must obtain registration for each phase separately.

How does a real estate agent register under RERA?

The agent applies to the Authority in the prescribed form, with the fee and documents. The Authority grants a single registration for the State or Union territory, or rejects it in writing after a hearing. The agent must quote the registration number in every sale facilitated.

What happens when registration is revoked or lapses?

Under Section 8, the Authority may consult the appropriate Government and take action, including having the remaining development works carried out by a competent authority or the association of allottees. On revocation, the association of allottees has the first right of refusal. Orders take effect only after the appeal period expires.