Section 5: Grant of Registration of Real Estate Projects under RERA
Section 5 of the Real Estate (Regulation and Development) Act, 2016 governs the decision of the Real Estate Regulatory Authority (RERA) on an application for registration of a real estate project. It prescribes a 30-day period for granting or rejecting registration, protects the applicant's right to be heard before rejection, provides for deemed registration where the Authority does not act within that period, and specifies the validity of registration.
Project registration is generally required under Section 3, subject to statutory exemptions. The promoter applies under Section 4, with the prescribed declarations, approvals, plans and other documents.
Section 5(1): Decision within 30 days
Upon receiving an application under Section 4(1), the Authority must act within 30 days. It may take either of the following decisions:
Section 5(1)(a): Grant of registration
The Authority may grant registration in accordance with the Act and the applicable rules and regulations. It must provide the applicant with a registration number, login ID and password to access the Authority's website, create the project's web page and enter details of the proposed project.
Section 5(1)(b): Rejection of application
The Authority may reject an application that does not comply with the Act or the applicable rules or regulations, but it must record its reasons in writing. The proviso to Section 5(1) expressly requires that the applicant be given an opportunity of being heard before rejection. This is an important statutory safeguard reflecting the principles of natural justice.
Section 5(2): Deemed registration
Where the Authority neither grants registration nor rejects the application within the 30-day period specified in Section 5(1), the project shall be deemed to have been registered under the Act. Within seven days after the expiry of those 30 days, the Authority must provide the promoter with the registration number, login ID and password to access its website and create and complete the project's web page.
Section 5(3): Validity of registration
Registration granted under Section 5 remains valid for the period declared by the promoter for completion of the project or its phase under Section 4(2)(l)(C). The period is therefore linked to the completion undertaking in the promoter's affidavit, rather than being a uniform fixed duration for all projects.
Where completion is delayed, Section 6 addresses extension of registration in circumstances permitted by law. Section 7 separately governs revocation on statutory grounds.
Practical steps for promoters
- Confirm whether registration is mandatory under Section 3 and the applicable local rules.
- Submit the application and supporting records required by Section 4 on the relevant RERA portal and retain the acknowledgment.
- Track the 30-day statutory decision period and respond to lawful requests or hearing notices.
- If the application is proposed to be rejected, use the opportunity of hearing and address identified deficiencies.
- After registration, obtain the number and access credentials, complete project disclosures, and comply with continuing obligations under the Act.
Frequently asked questions
How long does RERA have to decide an application?
Section 5(1) requires the Authority to grant or reject registration within 30 days of receipt of the application under Section 4(1).
Can the Authority reject registration without a hearing?
No. The proviso to Section 5(1) requires an opportunity of being heard before rejection, and reasons for rejection must be recorded in writing.
What happens if RERA does not decide within 30 days?
Section 5(2) provides for deemed registration, followed by the Authority's duty to issue the registration number and access credentials within the next seven days.
How long does RERA registration remain valid?
Under Section 5(3), it is valid for the completion period declared by the promoter under Section 4(2)(l)(C), subject to the Act's provisions on extension and revocation.
Statutory text and official resources
For the full legislation and applicable amendments, consult the India Code official legislation portal and the Ministry of Housing and Urban Affairs RERA information portal. Registration forms, fees, filing procedures and project disclosures are governed additionally by the relevant State or Union Territory rules and regulatory authority.