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Finin2min legal and practice guide • 15 October 2026

How to navigate the operative RERA Act — operative law and practical guidance

Use a provision-to-task map, not a flat numbered index. Sections 2–10 establish definitions and market-entry controls; 11–19 regulate promoter and allottee conduct; 20–40 confer Authority functions and enforcement powers; 43–58 cover appeal; 59–72 contain sanctions and adjudication; 84–85 allow rules and regulations. A project question typically touches several chapters: a possession delay can implicate section 18, the complaint forum under 31 and the appeal deposit under 43.

Exceptions, state rules and legal consequences

The India Code consolidated text now incorporates Act 8 of 2026, including substitution of section 68 from 7 May 2026. Never use the older consolidated printed edition merely because it is accessible through a regulator’s legacy FAQ. Track amendments by effective date and identify the version on which a claim relies.

Practical application

For compliance operations, keep a column linking every business question to the correct legal hierarchy: Act, Gazette rule, regulator regulation or signed direction, current portal process, and court interpretation. Avoid claiming that an online guide overrides a statutory exception or a binding judgment.

Worked example

When reviewing a ₹10 lakh booking demand, the map points to section 13, the registered agreement and the state rule form; the promoter’s registered status under section 3 is important but does not decide whether the advance is lawful.

How to prepare a compliant evidence trail

  1. Tag the user question by section and remedy
  2. Check the India Code version and later Gazette instruments
  3. Add the correct state/UT rule and current Authority notice
  4. Document the actual court judgment before using a judicial proposition

Common errors to avoid

  • Citing a rule without identifying jurisdiction
  • Omitting the 2026 section 68 replacement
  • Reading a definition in isolation from its exceptions

Decision point and edge case

A consolidated Act section index is a navigation device, not a substitute for amendment chronology. Record the authoritative version date for every substantive section quoted, and create a separate flag for provisions touched by the Jan Vishwas 2026 amendment. The section 68 replacement is an example where a historical statute PDF can produce an incorrect sanction explanation if its print edition is not disclosed.

Reader question

Can section 3 registration settle a title dispute? No; project registration and title adjudication are distinct legal questions.

Primary legal sources

RERA: Act and section map

Published by Finin2min

Section-wise statutory navigation with Finin2min topic clustering.

SectionTitleChapter / cluster
1Short title, extent and commencement.CHAPTER I
2Definitions.CHAPTER I
3Prior registration of real estate project with Real Estate Regulatory Authority.CHAPTER II
4Application for registration of real estate projects.CHAPTER II
5Grant of registration.CHAPTER II
6Extension of registration.CHAPTER II
7Revocation of registration.CHAPTER II
8Obligation of Authority consequent upon lapse of or on revocation of registration.CHAPTER II
9Registration of real estate agents.CHAPTER II
10Functions of real estate agents.CHAPTER II
11Functions and duties of promoter.CHAPTER III
12Obligations of promoter regarding veracity of the advertisement or prospectus.CHAPTER III
13No deposit or advance to be taken by promoter without first entering into agreement for sale.CHAPTER III
14Adherence to sanctioned plans and project specifications by the promoter.CHAPTER III
15Obligations of promoter in case of transfer of a real estate project to a third party.CHAPTER III
16Obligations of promoter regarding insurance of real estate project.CHAPTER III
17Transfer of title.CHAPTER III
18Return of amount and compensation.CHAPTER III
19Rights and duties of allottees. CHAPTET V THE REAL ESTATE REGULATORY AUTHORITYCHAPTER IV
20Establishment and incorporation of Real Estate Regulatory Authority.CHAPTER IV
21Composition of Authority.CHAPTER IV
22Qualifications of Chairperson and Members of Authority.CHAPTER IV
23Term of office of Chairperson and Members.CHAPTER IV
24Salary and allowances payable to Chairperson and Members.CHAPTER IV
25Administrative powers of Chairperson.CHAPTER IV
26Removal of Chairperson and Members from office in certain circumstances.CHAPTER IV
27Restrictions on Chairperson or Members on employment after cessation of office.CHAPTER IV
28Officers and other employees of Authority.CHAPTER IV
29Meetings of Authority.CHAPTER IV
30Vacancies, etc., not to invalidate proceeding of Authority.CHAPTER IV
31Filing of complaints with the Authority or the adjudicating officer.CHAPTER IV
32Functions of Authority for promotion of real estate sector.CHAPTER IV
33Advocacy and awareness measures.CHAPTER IV
34Functions of Authority.CHAPTER IV
35Powers of Authority to call for information, conduct investigations.CHAPTER IV
36Power to issue interim orders.CHAPTER IV
37Powers of Authority to issue directions.CHAPTER IV
38Powers of Authority.CHAPTER IV
39Rectification of orders.CHAPTER IV
40Recovery of interest or penalty or compensation and enforcement of order, etc.CHAPTER IV
41Establishment of Central Advisory Council.CHAPTER VI
42Functions of Central Advisory Council.CHAPTER VI
43Establishment of Real Estate Appellate Tribunal.CHAPTER VII
44Application for settlement of disputes and appeals to Appellate Tribunal.CHAPTER VII
45Composition of Appellate Tribunal.CHAPTER VII
46Qualifications for appointment of Chairperson and Members.CHAPTER VII
47Term of office of Chairperson and Members.CHAPTER VII
48Salary and allowances payable to Chairperson and Members.CHAPTER VII
49Removal of Chairperson and Member from office in certain circumstances.CHAPTER VII
50Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office.CHAPTER VII
51Officers and other employees of Appellate Tribunal.CHAPTER VII
52Vacancies.CHAPTER VII
53Powers of Tribunal.CHAPTER VII
54Administrative powers of Chairperson of Appellate Tribunal.CHAPTER VII
55Vacancies, etc., not to invalidate proceeding of Appellate Tribunal.CHAPTER VII
56Right to legal representation.CHAPTER VII
57Orders passed by Appellate Tribunal to be executable as a decree.CHAPTER VII
58Appeal to High Court.CHAPTER VII
59Punishment for nonregistration under section 3.CHAPTER VIII
60Penalty for contravention of section 4.CHAPTER VIII
61Penalty for contravention of other provisions of this Act.CHAPTER VIII
62Penalty for nonregistration and contravention under sections 9 and 10.CHAPTER VIII
63Penalty for failure to comply with orders of Authority by promoter.CHAPTER VIII
64Penalty for failure to comply with orders of Appellate Tribunal by promoter.CHAPTER VIII
65Penalty for failure to comply with orders of Authority by real estate agent.CHAPTER VIII
66Penalty for failure to comply with orders of Appellate Tribunal by real estate agent.CHAPTER VIII
67Penalty for failure to comply with orders of Authority by allottee.CHAPTER VIII
68Penalty for failure to comply with orders of Appellate Tribunal by allottee.CHAPTER VIII
69Offences by companies.CHAPTER VIII
70Compounding of offences.CHAPTER VIII
71Power to adjudicate.CHAPTER VIII
72Factors to be taken into account by the adjudicating officer.CHAPTER VIII
73Grants and loans by Central Government.CHAPTER IX
74Grants and loans by State Government.CHAPTER IX
75Constitution of Fund.CHAPTER IX
76Crediting sums realised by way of penalties to Consolidated Fund of India or State account.CHAPTER IX
77Budget, accounts and audit.CHAPTER IX
78Annual report.CHAPTER IX
79Bar of jurisdiction.CHAPTER X
80Cognizance of offences.CHAPTER X
81Delegation.CHAPTER X
82Power of appropriate Government to supersede Authority.CHAPTER X
83Powers of appropriate Government to issue directions to Authority and obtain reports and returns.CHAPTER X
84Power of appropriate Government to make rules.CHAPTER X
85Power to make regulations.CHAPTER X
86Laying of rules.CHAPTER X
87Members, etc., to be public servants.CHAPTER X
88Application of other laws not barred.CHAPTER X
89Act to have overriding effect.CHAPTER X
90Protection of action taken in good faith.CHAPTER X
91Power to remove difficulties.CHAPTER X
92Repeal.CHAPTER X

Source discipline

This page is an editorial navigation layer. The linked official Act, rule, regulation, notification, circular, portal instruction or judgment remains controlling.

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Author: CA Nikhil Gupta · Reviewed by CA Nikhil Gupta · Last reviewed 4 September 2026.