Section 4 of RERA 2016: Application for Registration of Real Estate Projects
Section 4 of the Real Estate (Regulation and Development) Act, 2016 sets out how a promoter applies for project registration, the documents and declarations that accompany the application, and the obligation to provide an online filing system.
Registration requirements arise under Section 3. Where registration is required, the promoter must comply with Section 4 and the relevant State or Union Territory rules and prescribed forms. The application is examined under Section 5.
Meaning of key terms
Promoter: A person or entity falling within the definition in Section 2(zk), including a person who constructs or develops a real estate project for sale, subject to the statutory definition. Real estate project: Development of a building, apartments, plots or related works for sale as defined in Section 2(zn). Carpet area: Net usable floor area of an apartment as defined in Section 2(k), excluding specified external and service areas but including internal partition walls. Allottee: A person to whom a plot, apartment or building has been allotted, sold or otherwise transferred as described in Section 2(d).
Section 4(1): Filing the application
Every promoter seeking registration must apply to the Real Estate Regulatory Authority in the prescribed form and manner, within the applicable time, and pay the prescribed fee. The current statutory wording refers to requirements as may be prescribed; applicants should consult the applicable rules and the relevant Authority's official filing portal.
Section 4(2): Documents and disclosures
The application must contain the following statutory categories of information and supporting records:
- Clause (a): Promoter and enterprise. Name, registered address, enterprise type, registration particulars and the promoter's names and photographs.
- Clause (b): Past five-year project history. Projects completed or under development in the preceding five years, their status, delays, pending cases, land details and pending payments.
- Clause (c): Approvals and commencement certificates. Authenticated copies of applicable approvals and commencement certificates, separately for each phase where the development is phased.
- Clause (d): Sanctioned plans. Sanctioned layout, plans and specifications for the project and relevant phase.
- Clause (e): Development and amenities. Development works and proposed facilities, including fire safety, drinking water, emergency evacuation and renewable energy.
- Clause (f): Site boundaries. Clearly demarcated land and its boundaries, including latitude and longitude of project endpoints.
- Clause (g): Proposed contractual documents. Pro forma allotment letter, agreement for sale and conveyance deed.
- Clause (h): Apartment inventory. Number, type and carpet area of apartments, with separately disclosed exclusive balcony, verandah and open terrace areas, if any.
- Clause (i): Garages. Number and area of garages offered for sale.
- Clause (j): Agents. Names and addresses of real estate agents, if any.
- Clause (k): Project professionals. Names and addresses of contractors, architects, structural engineers and other development professionals.
- Clause (l): Sworn promoter declaration. A declaration supported by affidavit addressing land title, encumbrances, completion period, separate bank account and approvals.
- Clause (m): Other prescribed material. Any further information or documents required by the applicable rules.
Promoter's affidavit under Section 4(2)(l)
The promoter or an authorised person must sign a declaration supported by affidavit covering the following matters:
- Title: Legal title to the project land and authenticated legally valid title documents, including where the land belongs to another person.
- Encumbrances: Confirmation that the land is free from encumbrances or full disclosure of encumbrances and third-party rights, titles or interests.
- Completion commitment: The period within which the project or the relevant phase will be completed.
- Separate account: The statutory 70 percent deposit, permitted withdrawals, certifications and annual audit obligations described below.
- Pending approvals: An undertaking to obtain outstanding approvals from the competent authorities on time.
- Additional documents: Confirmation that all other documents required under applicable rules or regulations have been furnished.
70 percent separate bank account: Section 4(2)(l)(D)
The promoter must deposit 70 percent of amounts realised from allottees for the real estate project, from time to time, into a separate account maintained with a scheduled bank. These funds are earmarked for the project's construction and land costs and must be used only for those purposes.
- Withdrawals to cover project costs must be proportionate to the percentage of project completion.
- An engineer, architect and practising chartered accountant must certify that the withdrawal corresponds to the percentage of completion.
- Accounts must be audited by a practising chartered accountant within six months after the end of each financial year. The audit verifies project-specific use of funds and compliance with proportionate withdrawal requirements.
- For this provision, a scheduled bank is a bank included in the Second Schedule to the Reserve Bank of India Act, 1934.
The separate account is a statutory safeguard for project funds; it is not an unrestricted account for the promoter's other business activities. Applicable regulatory directions may prescribe supporting certificates and reporting formats.
Section 4(3): Online submission system
The Authority is required to operationalise a web-based system for project registration applications within one year of its establishment. Applicants should use the official portal of the RERA authority having jurisdiction over the project land and verify the current forms, payment method and document-upload requirements.
How to prepare a registration application
- Check Section 3 to determine whether registration is required and whether each phase must be registered separately.
- Identify the appropriate State or Union Territory RERA Authority and its prescribed form and fee.
- Compile title records, sanctioned plans, approvals, project details, proposed contracts and professional particulars.
- Prepare the Section 4(2)(l) affidavit and arrange the project-specific separate bank account.
- Submit through the relevant official RERA portal, retain the acknowledgment and respond to any deficiencies communicated by the Authority.
Decision on registration and related provisions
Under Section 5, the Authority generally has 30 days to grant registration or reject the application with recorded reasons and an opportunity of hearing. The Act also provides for deemed registration where no decision is made within the statutory period. See Section 6 for extension and Section 7 for revocation.
Frequently asked questions
Is registration under section 4 compulsory for every project?
Section 4 governs applications where registration is required. Section 3 sets out the registration requirement and exemptions, subject to applicable state thresholds and rules.
What is the 70 percent separate-account rule?
Seventy percent of amounts realised from allottees for a project must be deposited in a separate account in a scheduled bank for the land and construction costs of that project, with withdrawals and audit controls specified in section 4(2)(l)(D).
Is there a single national application form and fee?
No. Applicable state or Union Territory rules, prescribed forms, fees and the relevant RERA portal must be checked.
How long does the Authority have to decide?
Under section 5, ordinarily 30 days to grant or reject registration, subject to the statutory deemed-registration provisions.
Official resources
India Code: RERA Act, 2016 (official PDF) | Ministry of Housing and Urban Affairs. Check the applicable State or Union Territory RERA Authority for current forms, rules, notifications and project filing requirements.
This article explains the central Act. The precise filing procedure, fee, additional disclosures and regulatory directions depend on the relevant jurisdiction.