Section 9 RERA 2016: Registration of Real Estate Agents
Section 9 of the Real Estate (Regulation and Development) Act, 2016 (RERA) regulates the registration of real estate agents who facilitate transactions in registered real estate projects. It specifies when registration is compulsory, how an agent applies, the effect of delay by the Authority, and the conditions for renewal, suspension and revocation.
Meaning of real estate agent under RERA
Under Section 2(zm), a real estate agent means a person who negotiates or acts on behalf of one person in a transaction involving transfer of a plot, apartment or building in a real estate project, by way of sale, with another person, or the transfer of such property from one person to another, and receives remuneration or fees or any other charges for services rendered, whether as commission or otherwise. The definition also includes persons introducing prospective buyers and sellers through any medium and includes property dealers, brokers and middlemen by whatever name called.
A real estate project is defined in Section 2(zn), and a planning area is defined in Section 2(zh). These definitions are relevant to the statutory registration requirement.
Section 9: Registration of real estate agents - provisions explained
Section 9(1): Registration is compulsory
No real estate agent may facilitate the sale or purchase of, or act for another person to facilitate the sale or purchase of, a plot, apartment or building in a real estate project (or part thereof) registered under Section 3, where it is being sold by the promoter in a planning area, without registration under Section 9.
Section 9(2): Application for registration
Every real estate agent must apply to the relevant Real Estate Regulatory Authority in the form, manner and time prescribed by applicable rules, together with the prescribed fee and supporting documents. Requirements may vary between States and Union territories.
Section 9(3): Grant or rejection
Within the period and in the manner prescribed, after satisfying itself that the prescribed conditions are fulfilled, the Authority shall either:
- Section 9(3)(a): grant a single registration to the agent for the entire State or Union territory, as applicable; or
- Section 9(3)(b): reject an application that does not comply with the Act, rules or regulations, recording the reasons in writing.
Right to be heard: the proviso to Section 9(3) requires the applicant to be given an opportunity of being heard before rejection.
Section 9(4): Deemed registration
If the prescribed period under Section 9(3) expires and the applicant has received no communication about deficiencies or rejection, the applicant is deemed to have been registered. The statutory effect depends on the facts of the application and the applicable rules; applicants should obtain or verify their registration particulars with the Authority.
Section 9(5): Registration number
The Authority must grant a registration number to each registered agent. The agent must quote that number in every sale facilitated under the Act.
Section 9(6): Validity and renewal
Registration is valid for the period prescribed by the relevant rules and is renewable in the prescribed manner and on payment of the prescribed fee. The central Act does not establish one uniform validity period or fee for every State and Union territory.
Section 9(7): Suspension or revocation
The Authority may suspend registration for a period it considers appropriate or revoke registration if an agent breaches registration conditions or provisions of the Act, rules or regulations, or obtains registration by misrepresentation or fraud. This is without prejudice to other provisions of RERA. However, the Authority must first give the agent an opportunity of being heard.
Practical registration and compliance steps
- Identify the State or Union territory in which the agent proposes to facilitate sales, and open the official RERA Authority portal for that jurisdiction.
- Consult the applicable State or Union territory rules for eligibility, documents, registration fee, processing time and validity.
- Submit the agent registration application and supporting documents in the prescribed manner and keep the acknowledgement.
- Respond to any deficiency notice and check the Authority's decision or public register.
- Once registered, quote the registration number in every sale facilitated and renew the registration before expiry, as prescribed.
Agents must also comply with Section 10, including the prohibition against facilitating sales in projects not registered when registration is required, maintenance of prescribed books and records, avoidance of unfair trade practices, and assistance to allottees in obtaining required information and documents.
Related provisions and consequences
- Section 3: Prior registration of real estate projects.
- Section 9: Registration of real estate agents.
- Section 10: Functions and duties of real estate agents.
Penalty: Section 62 provides a penalty for an agent's failure to comply with Section 9 or Section 10: ten thousand rupees for every day during which the default continues, cumulatively extending up to five per cent of the cost of the plot, apartment or building, as the case may be, in the real estate project for which the sale or purchase was facilitated.
Official legal resources
For the statutory text and amendments, consult the India Code official legislation database (search for the Real Estate (Regulation and Development) Act, 2016) and the Ministry of Housing and Urban Affairs. For forms, fees, time limits, renewals and agent registration status, consult the concerned State or Union territory's official RERA Authority portal.
Frequently asked questions
Is RERA registration mandatory for a property broker?
Section 9(1) requires registration for agents facilitating specified transactions in real estate projects registered under Section 3 and sold by promoters in planning areas. Whether a particular transaction falls within the provision depends on its facts.
Is one registration valid across India?
No. Section 9(3)(a) provides a single registration for the entire State or Union territory, not automatic nationwide registration.
Can an application be rejected without a hearing?
No. The proviso to Section 9(3) requires an opportunity of being heard before rejection.
How long is an agent's registration valid?
The validity and renewal conditions are prescribed by the applicable rules and should be verified with the relevant RERA Authority.
This article explains the central legislation. State and Union territory rules, regulations, orders and current portal procedures should be checked for a specific application.