Builder/Promoter Project Registration — RERA FAQs
This page explains promoter and real estate project registration under RERA for Uttar Pradesh and Uttarakhand, including registration thresholds, promoter identity, application disclosures, title and encumbrances, project accounts, advertising and booking controls, ongoing updates, extensions, project transfer, revocation and pre-launch compliance.
Important scope note. These FAQs provide general educational information for Uttar Pradesh and Uttarakhand. Project-registration forms, fees, portal fields, bank-account directions, extensions and State procedures can change; current UP-RERA or UK-RERA rules, regulations, directions, portal requirements and project records should be checked before filing or reliance.
A. Registration Scope, Thresholds and Promoter Identity
Section 3(1) generally prohibits 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 or part of it in a planning area unless the project has first been registered with the Real Estate Regulatory Authority. Registration analysis should therefore be completed before any launch, booking or sale activity, not after money has already been collected.
Section 3(2)(a) says registration is not required where the land proposed to be developed does not exceed 500 square metres or the number of apartments proposed to be developed does not exceed eight, inclusive of all phases, subject to a lower threshold fixed by the appropriate Government. The wording and published operational guidance have not always been paraphrased identically. U.P. RERA’s current public guidance treats registration as required when the project reaches or crosses either the area or unit threshold. A project in Uttar Pradesh should therefore follow the current U.P. RERA position unless binding law applicable to the facts requires otherwise; the current Uttarakhand Authority position should likewise be checked before relying on a small-project exemption.
Yes. The Explanation to Section 3 treats every phase of a phased real estate project as a stand-alone real estate project and requires separate registration for each phase. The promoter should align the phase registration with the sanctioned plan, commencement approval, land allocation, inventory, separate-account structure, completion period and disclosures applicable to that phase rather than marketing one phase under another phase’s registration number.
Yes. The second proviso to Section 3(1) permits the Authority, where it considers registration necessary in the interest of allottees, to direct registration of a project developed beyond a planning area with the requisite permission of the local authority. Once such registration is directed, the Act and the applicable rules and regulations apply from that stage. A project should therefore not be treated as permanently outside RERA merely because its land is outside an existing planning area.
Apart from the small-project threshold in Section 3(2)(a), the Act exempts a project for which the promoter received a completion certificate before commencement of the Act, and specified renovation, repair or redevelopment that does not involve marketing, advertising, selling or new allotment of any apartment, plot or building. Each exemption depends on documentary facts. A promoter should preserve the relevant completion certificate, sanctioned records and redevelopment documents rather than relying on a general assertion that the project is exempt.
No. The central Act requires registration of the real estate project under Sections 3 to 5 and separately regulates registration of real estate agents under Section 9. A State portal may require a promoter profile, enrolment or login before a project application can be filed. U.P. RERA, for example, requires promoter registration or enrolment on its portal before the project-registration module is used. That administrative step does not replace registration of each registrable project or phase.
Section 2(zk) defines ‘promoter’ broadly. It includes persons who construct or cause construction for sale, develop land for sale, specified public or co-operative bodies and persons acting as builder, coloniser, contractor, developer or power-of-attorney holder in the statutory circumstances. The Explanation is especially important: where the person who constructs or develops and the person who sells are different, both are deemed promoters and are jointly liable for the functions and responsibilities specified by RERA. A landowner is not made liable merely by a label in a JDA; the title documents, development and sale rights, project-registration disclosures and actual role must be examined. Contract-specific allocation of delay liability in consumer litigation should not be treated as rewriting this statutory RERA definition.
There is no safe assumption that calling an activity a “soft launch”, expression of interest or pre-launch takes it outside Section 3. The Act uses broad terms including advertise, market, book, sell, offer for sale and invite persons to purchase in any manner. If a communication or process is intended to solicit purchasers, bookings, advances or market commitment for a registrable project, the registration position should be resolved before it is issued.
B. Application, Grant of Registration and Public Disclosures
Section 4 requires a substantial project dossier. It includes promoter and enterprise particulars; details of projects launched in the preceding five years; applicable approvals and commencement certificate; sanctioned and layout plans; development-work and facility plans; project-location details; proforma allotment letter, agreement for sale and conveyance deed; unit and garage particulars; agent and professional details; and a promoter declaration covering title, encumbrances, completion period, the separate account, pending approvals and other prescribed material. State rules and portal requirements may require additional fields and documents.
Section 4 requires the promoter to declare legal title to the project land and, where the land is owned by another person, to provide legally valid documents authenticating the promoter’s rights. The declaration must also state whether the land is free from encumbrances or disclose the relevant rights, title, interest or claims over it. In a JDA, collaboration, leasehold or financed project, the ownership document, development agreement, power of attorney, lender charge and release mechanism should be internally consistent with the registration application.
Section 4 requires the proposed forms of allotment letter, agreement for sale and conveyance deed, together with details of the number, type and carpet area of apartments for sale and specified exclusive balcony, verandah and open-terrace areas, if any. It also requires the number and areas of garages proposed for sale. These disclosures should match the sanctioned plans, pricing structure, sales inventory and later buyer documentation.
Section 5 provides that the Authority shall, within thirty days of receiving the application, either grant registration or reject it for recorded reasons if the application does not conform to the Act, rules or regulations. An application cannot be rejected without an opportunity of being heard. If the Authority neither grants nor rejects within that statutory period, Section 5(2) provides for deemed registration and requires the registration number and login credentials to be supplied within the following seven days.
Under Section 5(3), registration is valid for the period declared by the promoter under Section 4 for completion of the project or phase. The declared completion period is therefore a substantive registration commitment, not merely a portal field. Project scheduling, buyer agreements, financing and extension strategy should be consistent with that declared period.
Section 11(1) requires the promoter to create and maintain the project web page on the Authority’s website. The Act expressly requires quarterly updated information on the number and types of apartments or plots booked, garages booked, approvals obtained and approvals pending after commencement certificate, and the status of the project, together with other information required by regulations. The promoter should maintain a controlled process for source documents, portal updates, review and retention of dated evidence of each update.
No. A portal-edit facility does not itself create a substantive right to alter sanctioned plans, title particulars, project area, inventory, completion commitments or other material registration information. A proposed change should first be classified: some corrections may be administrative, while others may require competent-authority approval, Authority approval, allottee consent under Section 14, an extension under Section 6 or other statutory steps. The current U.P. RERA or Uttarakhand RERA process should be checked before making a material edit.
C. Project Accounts, Certification and Financial Compliance
Section 4(2)(l)(D) requires seventy per cent of the amounts realised from allottees for the real estate project, from time to time, to be deposited in a separate account maintained in a scheduled bank. The money is to cover the land cost and construction cost of that project and is to be used only for that purpose. The statutory scheme is project-specific and is intended to restrict diversion of allottee collections away from the registered project.
Withdrawal is linked to the percentage of project completion. Section 4 requires certification by an engineer, an architect and a chartered accountant in practice that the proposed withdrawal is in proportion to the percentage of completion. The promoter should therefore maintain current construction, cost and certification records before each withdrawal and follow any stricter State-account directions that apply to the project.
Section 4 requires the promoter to have the project accounts audited by a chartered accountant in practice within six months after the end of every financial year and to produce a duly certified and signed statement of accounts. The audit must verify that amounts collected for the particular project were used for that project and that withdrawals complied with the percentage-of-completion requirement. The annual audit is separate from the professional certifications used for individual withdrawals.
Yes. U.P. RERA currently operates a three-account project-banking structure comprising a Collection Account, Separate Account and Transaction Account. Its official portal lists the Real Estate Project (Maintenance and Operation of Project Bank Accounts) Directions, 2020 as revised for the third time on 11 May 2026. The live directions, prescribed forms, standing-instruction requirements and bank details should be used for each registration or account action. Uttarakhand requirements should be checked separately against current UK-RERA rules and directions.
The statutory separate-account requirement is project-specific. Amounts that Section 4 requires to be retained for a particular project cannot be justified as diverted merely because the same promoter or group is developing another project. Project-wise banking, cost records, professional certificates and audit trails should be maintained so that every withdrawal and transfer can be traced to the lawful project purpose.
Project finance should be reconciled with the promoter’s title, existing encumbrances, RERA disclosures, designated project accounts, lender covenants and unit-release mechanism. Section 11(4)(h) also provides that after the promoter executes an agreement for sale for an apartment, plot or building, the promoter shall not mortgage or create a charge on that unit; if such a charge is nevertheless created, it does not affect the allottee’s right and interest. Lender documentation should therefore be structured before sales begin, not improvised after unit-level conflicts arise.
Section 16 requires the promoter to obtain such insurances as may be notified by the appropriate Government, including insurance relating to title of the land and building and construction of the project. The operative obligation therefore depends on the insurance requirements actually notified for the State and project. A compliance review should verify current Uttar Pradesh or Uttarakhand notifications before stating that a particular policy is mandatory.
D. Advertising, Booking, Agreements and Ongoing Project Duties
Section 11(2) requires the advertisement or prospectus to prominently mention the address of the Authority’s website where project details are available and to include the project registration number, together with other required matters. The advertised project name, phase, approvals, amenities, area and completion representations should also be consistent with the registered project record.
Section 12 can create promoter liability where a person makes an advance or deposit on the basis of a notice, advertisement, prospectus or model apartment, plot or building and suffers loss or damage because of an incorrect or false statement. The Act provides compensation, and where the affected person intends to withdraw from the proposed project, return of the entire investment with prescribed interest and compensation in the manner provided by the Act. Marketing claims should therefore be subjected to legal and factual approval before publication.
Section 9 requires a real estate agent to obtain registration before facilitating sale or purchase in a real estate project registered under Section 3 in a planning area. Section 10 also prohibits a registered agent from facilitating sale or purchase in a project that is required to be registered but has not been registered. The promoter should therefore verify the registration status of channel partners, brokers and other persons performing the statutory real-estate-agent role.
A promoter cannot accept more than ten per cent of the cost of the apartment, plot or building as advance or application fee without first entering into a written agreement for sale with the allottee and registering that agreement under the law in force. The agreement must be in the prescribed form and contain the required particulars. Booking, collection and agreement workflows should therefore be designed together rather than allowing sales teams to collect substantial money before documentation is complete.
Section 14 limits post-disclosure alterations. Changes relating to the particular apartment, plot or building generally require the previous consent of that allottee, subject to the limited statutory exception for specified minor changes. Other alterations or additions in sanctioned plans, layout plans or specifications of buildings or common areas require previous written consent of at least two-thirds of the allottees, excluding the promoter, under the statutory counting rule. A broad advance-consent clause is not a substitute for Section 14.
Registration is the beginning of ongoing compliance, not the end. Section 11 requires the promoter to remain responsible for statutory and agreement obligations, obtain applicable completion or occupancy certificates, provide essential services until takeover, enable formation of the association of allottees, execute conveyances, pay specified project outgoings collected from allottees and comply with the unit-level mortgage restriction. The project should therefore have a compliance calendar running through construction, possession, conveyance and handover.
No. Because each phase is treated as a stand-alone real estate project for registration purposes, the registration number and disclosures used in advertising, booking and agreements should correspond to the actual phase in which the unit or plot is situated. Mixing phase registrations can distort completion dates, inventory, approvals, bank accounts and buyer rights and is a material compliance risk.
E. Extension, Transfer, Revocation and Penalties
Section 6 permits extension of registration on an application by the promoter due to force majeure. It also allows the Authority, in reasonable circumstances and without default on the part of the promoter, to grant an extension for reasons recorded in writing; an extension under that proviso cannot in aggregate exceed one year. ‘Force majeure’ includes war, flood, drought, fire, cyclone, earthquake or another calamity caused by nature affecting regular project development. As of this review, U.P. RERA has also issued a 21 August 2026 notice implementing a Ministry of Housing and Urban Affairs force-majeure advisory dated 31 July 2026; its effect must be checked against the particular project’s registration record and order. No extension application may be rejected without giving the promoter an opportunity of being heard.
No. Registration validity and the possession commitment in an individual agreement for sale are related but legally distinct. An Authority extension may affect the project’s regulatory completion period, but whether and how it changes the promoter’s contractual liability to an allottee depends on the extension order, agreement, applicable law and facts of delay. A promoter should not present a registration extension as an automatic extinguishment of accrued buyer claims.
Section 15 requires prior written consent of at least two-thirds of the allottees, excluding the promoter, and prior written approval of the Authority before the promoter transfers or assigns its majority rights and liabilities in the project to a third party. The statutory counting rule treats specified multiple bookings by the same allottee, family or associated entity as one allottee. The incoming promoter must independently comply with pending statutory and agreement obligations, and the transfer does not automatically extend the completion period.
Under Section 7, the Authority may revoke registration on complaint, suo motu action or recommendation of the competent authority where the promoter defaults under the Act, violates approval conditions, engages in unfair practice or irregularities, or commits fraud. The promoter must receive at least thirty days’ written notice of the proposed grounds and an opportunity to show cause. Instead of revocation, the Authority may allow registration to continue subject to additional binding terms in the interest of allottees.
Section 8 permits the Authority, after lapse or revocation, to take appropriate steps for completion of the remaining development, including through the competent authority, the association of allottees or another mechanism determined by the Authority after consultation where applicable. In a revocation case, the association of allottees has the first right of refusal to carry out the remaining development. Section 7 also permits measures such as freezing the project bank account and directions needed to protect allottees and facilitate completion.
Section 59 provides that contravention of Section 3 can attract a penalty up to ten per cent of the estimated cost of the real estate project as determined by the Authority. Continued violation or non-compliance with the resulting orders can lead to imprisonment up to three years, a further fine up to ten per cent of the estimated project cost, or both. Section 60 permits a penalty up to five per cent of estimated project cost for false information or contravention of Section 4, and Section 61 permits a penalty up to five per cent for other promoter contraventions not covered by Sections 3 or 4. The actual amount is determined in the statutory process; these are maximum exposures, not automatic fixed penalties.
F. Promoter Compliance File and Pre-Launch Controls
A controlled project file should ordinarily include the project and phase registration record; promoter and joint-development documents; title, lease, JDA, GPA and encumbrance material; approvals, commencement certificate and sanctioned plans; registration application and affidavits; current inventory and carpet-area schedules; proforma buyer documents; project-account details, bank statements and professional certificates; annual audit material; quarterly-update evidence; advertisements and approval records; agent details; buyer agreements; project-change consents; extension or transfer orders; complaints and Authority orders; and a dated record of corrections and compliance decisions.
Verify the current State rules, Authority regulations and circulars, live portal checklist, filing form, registration fee, title and encumbrance document format, professional certificates, project-bank requirements, prescribed agreement and allotment proformas, approved phase and sanctioned-plan data, declared completion period and any recent SOP affecting registration. For Uttar Pradesh, the current project-registration manual/SOP should be read together with later Authority material, including the May 2026 project-account revision and the consolidated General Regulations announced in August 2026. Uttarakhand requirements should be checked independently from the current UK-RERA source. An older successful filing should not be treated as a complete checklist for a new project.
Frequent problems include relying on an unverified threshold exemption; marketing before registration; using one phase’s registration for another; incorrectly identifying joint promoters; incomplete title or encumbrance disclosure; inconsistent sanctioned-plan and inventory data; collecting buyer money through the wrong project account; unsupported withdrawals; late or inaccurate quarterly updates; false or overbroad advertising claims; using unregistered agents; collecting more than the Section 13 threshold before the required registered agreement; making unapproved plan changes; and assuming a registration extension automatically answers buyer delay claims.
Related Information
If you need a preliminary review of whether a project or phase requires registration, the registration dossier, title or JDA material, project-account structure, pre-launch controls, extension or transfer requirements, or other promoter-side RERA compliance documents, you may send a preliminary enquiry.
Subject to conflict check, scope confirmation, professional terms and express acceptance by the responsible Advocate.
Last reviewed: 13 September 2026