Section 36 of RERA, 2016: Power to Issue Interim Orders
Section 36 of the Real Estate (Regulation and Development) Act, 2016 empowers the Real Estate Regulatory Authority (RERA) to issue a temporary restraining order during an inquiry to prevent an ongoing or imminent violation. In appropriate circumstances, the Authority may act without first giving notice to the concerned party.
Meaning and purpose of Section 36
An interim order is a temporary direction intended to prevent prohibited conduct while a matter is under inquiry. Section 36 is a protective power, not a final determination of the parties' rights. Its object is to prevent a continuing or threatened contravention of the RERA Act, the rules, or the regulations from undermining the inquiry or the statutory protections.
Section 36: Statutory provision explained
Under Section 36, where, during an inquiry, the Authority is satisfied that an act contrary to the Act or the rules or regulations made under it has been committed and continues, or is about to be committed, the Authority may restrain the relevant promoter, allottee or real estate agent from carrying on that act. The restraint may operate until the inquiry concludes or until further orders. Where the Authority considers it necessary, the order may be issued without giving prior notice to that party.
Conditions for an interim restraining order
- Inquiry underway: the Authority exercises this power during an inquiry into conduct governed by RERA.
- Statutory contravention: the conduct must violate the Act, its rules or its regulations, rather than merely reflect a private disagreement unrelated to RERA.
- Continuing or imminent conduct: the breach must be continuing or about to occur; Section 36 is directed at prevention.
- Identifiable respondent: the direction may restrain a promoter, allottee or real estate agent.
- Temporary operation: the order lasts until conclusion of the inquiry or further order; its exact terms depend on the Authority's decision.
Can RERA issue an interim order without notice?
Yes. Section 36 expressly permits a restraint without prior notice where the Authority deems it necessary. This is not an automatic exemption from fair procedure in every case. The need for immediate action should be supported by the circumstances; subsequent proceedings and applicable rules remain relevant. The section does not authorise a final finding of liability merely because interim protection is sought.
How to request interim protection
A complainant may raise an urgent request in a pending RERA complaint or inquiry, following the applicable State or Union Territory RERA procedural rules and portal requirements. A clear request ordinarily identifies the project and parties, the particular RERA obligation at risk, evidence of ongoing or impending breach, the harm likely before final disposal, and the precise temporary restraint sought. Whether separate interim applications, affidavits or fees are required depends on the relevant Authority's notified rules and practice.
For filing the underlying complaint, see Section 31: Filing of complaints. For inquiry and obtaining records, see Section 35: Investigation powers.
Difference between Sections 35, 36 and 37
- Section 35: permits the Authority to seek information, order inquiries and exercise specified civil-court powers.
- Section 36: permits temporary restraint of a continuing or imminent statutory contravention during an inquiry.
- Section 37: authorises directions from time to time to promoters, allottees and real estate agents for discharge of the Authority's statutory functions.
Section 38 also addresses the Authority's powers and procedure. An appeal against an appealable direction, decision or order is governed by Section 44, subject to its statutory requirements and applicable law. Interim relief is fact-sensitive and should not be confused with a final order for refund, interest or compensation.
Frequently asked questions
Does Section 36 apply only to promoters?
No. Its text covers a promoter, allottee or real estate agent.
Does every RERA complaint automatically result in a stay order?
No. The Authority must be satisfied that the conditions for an interim restraint are met during an inquiry.
How long does an interim order last?
The Act provides for restraint until the conclusion of the inquiry or until further orders. The operative order should be read for its precise scope and duration.
Official legal resources
Read the India Code official legislation database for the Real Estate (Regulation and Development) Act, 2016, and consult the Ministry of Housing and Urban Affairs for RERA-related resources. For forms, procedure and current orders, use the relevant State or Union Territory RERA Authority's official website.
Legal note: This article explains the central statutory provision. Applicable State rules, regulations, case law and the facts of an individual inquiry may affect procedure and relief.