RERA: Q&A repository
110 practical questions mapped to the hub framework.
| ID | Question | Finin2min answer |
|---|---|---|
| REQ001 | Does RERA registration mean the project is fully approved? | No. Registration under Sections 3-4 confirms the promoter has furnished the prescribed disclosures, plans and undertakings to the Authority - it is not a certification that every sanction, approval or the project's technical/structural compliance is complete or correct; those come from the separate sanctioning authorities. |
| REQ002 | Can a promoter advertise before registration? | No. Section 3 bars a promoter from advertising, marketing, booking, selling or inviting persons to purchase any plot, apartment or building in the project before registering it with the Authority, subject to limited exemptions (e.g. projects below the notified area/unit threshold, or those already holding a completion certificate before RERA applied). |
| REQ003 | Can more than 10% be collected before the agreement for sale? | No. Under Section 13(1), a promoter cannot accept more than 10% of the cost of the apartment, plot or building as an advance payment or application fee without first entering into a registered agreement for sale with that allottee. |
| REQ004 | Is the 70% account an escrow account? | Not in the strict trust-law sense, but it functions like one. Section 4(2)(l)(D) requires 70% of amounts realised from allottees to be deposited in a separate bank account, usable only for that project's construction and land cost, withdrawn only in proportion to project completion certified by an engineer, architect and chartered accountant. |
| REQ005 | Can a project be transferred to another developer? | Yes, but only with the consent of two-thirds of the allottees and the Authority's prior written approval, under Section 15 - a corporate restructuring or asset sale does not bypass this requirement. |
| REQ006 | What is the five-year defect period? | Under Section 14(3), if a structural defect or defect in workmanship, quality or the provision of services is brought to the promoter's notice within 5 years of handing over possession, the promoter must rectify it without further charge, within 30 days. |
| REQ007 | Can a buyer use consumer forum despite RERA? | Yes. In Imperia Structures Ltd. v. Anil Patni, (2020) 12 SCR 373 (2 November 2020), the Supreme Court held that RERA and the Consumer Protection Act provide concurrent remedies - Section 79's bar on civil courts does not extend to consumer fora, so an allottee may choose either forum. |
| REQ008 | What is the promoter appeal pre-deposit? | Under Section 43(5), a promoter's appeal to the Appellate Tribunal is not entertained unless at least 30% of the penalty, or the full compensation/interest amount awarded (whichever applies), is first deposited - a condition the Supreme Court upheld as valid and non-discriminatory in Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. |
| REQ009 | Does each phase need registration? | Generally yes. Under the phased-development framework each phase with its own completion timeline is treated as a standalone project requiring its own registration, bookings, accounts and disclosures. |
| REQ010 | Can a broker market an unregistered project? | No. Real estate agents must themselves register under Sections 9-10 and are barred from facilitating the sale of, or otherwise marketing, a project that is not itself registered with the Authority. |
| REQ011 | What is the first check for applicability, planning area and exemptions? | Confirm planning-area coverage. |
| REQ012 | Which law governs applicability, planning area and exemptions? | Sections 2 and 3; Applicable State/UT Rules and notifications |
| REQ013 | What documents support applicability, planning area and exemptions? | Land and phase plan, Sanctions and completion status, Inventory statement, State-rule applicability memo |
| REQ014 | What is a common risk in applicability, planning area and exemptions? | Assuming small phase is exempt because whole project is large |
| REQ015 | Give a practical example of applicability, planning area and exemptions. | A redevelopment involving no marketing or new allotment may fall within the repair/redevelopment exclusion; adding sale inventory can change the position. |
| REQ016 | What is the first check for project registration application? | Create a document responsibility matrix. |
| REQ017 | Which law governs project registration application? | Sections 4 and 5; State registration rules and portal instructions |
| REQ018 | What documents support project registration application? | Title report, Approvals, Plans, Cost and timeline certificate |
| REQ019 | What is a common risk in project registration application? | Title defects not disclosed |
| REQ020 | Give a practical example of project registration application. | A promoter declares completion in 30 months while approvals and financing indicate 48 months. An unrealistic declaration creates future extension and disclosure risk. |
| REQ021 | What is the first check for ongoing projects and phased development? | Identify phase boundaries and shared infrastructure. |
| REQ022 | Which law governs ongoing projects and phased development? | Sections 3–5; State rules on ongoing projects |
| REQ023 | What documents support ongoing projects and phased development? | Phase map, Booking register, Cost allocation policy, Legacy agreement schedule |
| REQ024 | What is a common risk in ongoing projects and phased development? | Combining all phases in one account |
| REQ025 | Give a practical example of ongoing projects and phased development. | A township has five phases, with two completed and three under construction. Registration, accounts and disclosures should be phase-specific while explaining shared amenities. |
| REQ026 | What is the first check for separate bank account and withdrawal control? | Open a project-specific account. |
| REQ027 | Which law governs separate bank account and withdrawal control? | Section 4(2)(l)(D); State rules, circulars and certificate formats; MoHUA official FAQs |
| REQ028 | What documents support separate bank account and withdrawal control? | Bank statements, Collection reconciliation, Professional certificates, Annual audit report |
| REQ029 | What is a common risk in separate bank account and withdrawal control? | Calling it a discretionary escrow |
| REQ030 | Give a practical example of separate bank account and withdrawal control. | A promoter collects ₹100 crore and deposits ₹70 crore. Withdrawals should follow certified percentage of completion and permitted land/construction cost, not group cash needs. |
| REQ031 | What is the first check for quarterly progress and public disclosures? | Maintain a quarterly close calendar. |
| REQ032 | Which law governs quarterly progress and public disclosures? | Section 11; State regulations and portal circulars |
| REQ033 | What documents support quarterly progress and public disclosures? | QPR working, Inventory register, Approval tracker, Portal acknowledgement |
| REQ034 | What is a common risk in quarterly progress and public disclosures? | Late QPRs |
| REQ035 | Give a practical example of quarterly progress and public disclosures. | A sold unit is shown as available on the portal. The mismatch can mislead buyers and weaken the promoter’s litigation position. |
| REQ036 | What is the first check for advertising and marketing controls? | Approve marketing copy through legal/compliance. |
| REQ037 | Which law governs advertising and marketing controls? | Sections 3, 11 and 12; State advertisement directions |
| REQ038 | What documents support advertising and marketing controls? | Ad approval checklist, Creative archive, Registered disclosure comparison, Agency instructions |
| REQ039 | What is a common risk in advertising and marketing controls? | “RERA approved” language |
| REQ040 | Give a practical example of advertising and marketing controls. | An ad promises a clubhouse in Phase 1 while the sanctioned plan places it in a later phase. The discrepancy can support refund or compensation claims. |
| REQ041 | What is the first check for agreement for sale and ten-per-cent rule? | Map all pre-agreement receipts. |
| REQ042 | Which law governs agreement for sale and ten-per-cent rule? | Section 13; State Agreement for Sale Rules |
| REQ043 | What documents support agreement for sale and ten-per-cent rule? | Agreement, Payment schedule, Booking form, Disclosure annexures |
| REQ044 | What is a common risk in agreement for sale and ten-per-cent rule? | Side letters contradicting registered agreement |
| REQ045 | Give a practical example of agreement for sale and ten-per-cent rule. | A “booking amount” of 15% collected before the registered agreement can breach Section 13 even if labelled refundable. |
| REQ046 | What is the first check for sanctioned plans, alterations and consent? | Classify change as minor or material. |
| REQ047 | Which law governs sanctioned plans, alterations and consent? | Section 14; State rules and authority circulars |
| REQ048 | What documents support sanctioned plans, alterations and consent? | Original/revised plans, Consent register, Professional justification, Authority approval |
| REQ049 | What is a common risk in sanctioned plans, alterations and consent? | Collecting consent from promoter-held units |
| REQ050 | Give a practical example of sanctioned plans, alterations and consent. | Changing a common amenity or increasing units may require two-thirds allottee consent; one allottee counts once regardless of number of units held. |
| REQ051 | What is the first check for transfer of project to a third party? | Define transaction and rights transferred. |
| REQ052 | Which law governs transfer of project to a third party? | Section 15; State authority procedure |
| REQ053 | What documents support transfer of project to a third party? | Transaction documents, Allottee consent, Funding plan, Handover checklist |
| REQ054 | What is a common risk in transfer of project to a third party? | Closing before approval |
| REQ055 | Give a practical example of transfer of project to a third party. | An asset sale transfers development rights and control to a new developer. Corporate form does not remove Section 15 analysis. |
| REQ056 | What is the first check for title, insurance and conveyance? | Review title and encumbrances continuously. |
| REQ057 | Which law governs title, insurance and conveyance? | Sections 16 and 17; State/local conveyance and apartment laws |
| REQ058 | What documents support title, insurance and conveyance? | Title update, Insurance policy, Conveyance draft, Handover inventory |
| REQ059 | What is a common risk in title, insurance and conveyance? | Possession without occupancy certificate |
| REQ060 | Give a practical example of title, insurance and conveyance. | Possession letters are issued but conveyance and common-area documents remain pending. The project is not administratively complete. |
| REQ061 | What is the first check for structural defects and five-year liability? | Define possession date and complaint channel. |
| REQ062 | Which law governs structural defects and five-year liability? | Section 14(3); State regulations and technical standards |
| REQ063 | What documents support structural defects and five-year liability? | Possession record, Complaint log, Technical report, Rectification proof |
| REQ064 | What is a common risk in structural defects and five-year liability? | Calling every defect wear and tear |
| REQ065 | Give a practical example of structural defects and five-year liability. | Persistent seepage caused by waterproofing failure is reported within five years. The promoter should investigate and rectify rather than redirect automatically to the association. |
| REQ066 | What is the first check for delay, refund, interest and compensation? | Compare registered completion and agreement date. |
| REQ067 | Which law governs delay, refund, interest and compensation? | Section 18; Sections 71 and 72; State interest rules |
| REQ068 | What documents support delay, refund, interest and compensation? | Agreement, Payment ledger, Registration/extension orders, Interest calculation |
| REQ069 | What is a common risk in delay, refund, interest and compensation? | Using internal revised date not registered date |
| REQ070 | Give a practical example of delay, refund, interest and compensation. | A buyer paid ₹80 lakh and the project is delayed by two years without valid extension. The buyer should compare refund, continued possession and parallel consumer remedies. |
| REQ071 | What is the first check for allottee rights and duties? | Monitor project disclosures. |
| REQ072 | Which law governs allottee rights and duties? | Section 19 |
| REQ073 | What documents support allottee rights and duties? | Payment receipts, Portal records, Possession communication, Complaint record |
| REQ074 | What is a common risk in allottee rights and duties? | Ignoring payment obligations |
| REQ075 | Give a practical example of allottee rights and duties. | An allottee withholds all future instalments because of a minor delay. Contract, milestone validity and statutory remedies require a measured response. |
| REQ076 | What is the first check for real-estate agents? | Verify project registration before marketing. |
| REQ077 | Which law governs real-estate agents? | Sections 9 and 10; State agent registration rules |
| REQ078 | What documents support real-estate agents? | Agent certificate, Project verification, Lead and commission records, Marketing archive |
| REQ079 | What is a common risk in real-estate agents? | Using another agent’s registration |
| REQ080 | Give a practical example of real-estate agents. | A broker markets a pre-launch project through social media before registration. Both agent and promoter may face exposure. |
| REQ081 | What is the first check for complaints before authority and adjudicating officer? | Identify violation and relief. |
| REQ082 | Which law governs complaints before authority and adjudicating officer? | Section 31; Sections 35–40 and 71–72; State complaint rules |
| REQ083 | What documents support complaints before authority and adjudicating officer? | Complaint form, Chronology, Payment evidence, Portal and correspondence record |
| REQ084 | What is a common risk in complaints before authority and adjudicating officer? | Wrong forum |
| REQ085 | Give a practical example of complaints before authority and adjudicating officer. | A buyer seeks possession direction, refund interest and compensation. Different elements may engage Authority and adjudicating functions; state practice and Supreme Court guidance should be reviewed. |
| REQ086 | What is the first check for appeals and promoter pre-deposit? | Calendar limitation from receipt of order. |
| REQ087 | Which law governs appeals and promoter pre-deposit? | Sections 43–58; State appellate rules |
| REQ088 | What documents support appeals and promoter pre-deposit? | Order/service proof, Pre-deposit computation, Appeal memo, Stay application |
| REQ089 | What is a common risk in appeals and promoter pre-deposit? | Assuming filing alone stays order |
| REQ090 | Give a practical example of appeals and promoter pre-deposit. | A promoter challenges a refund order but does not deposit the required amount. The tribunal may not entertain the appeal. |
| REQ091 | What is the first check for penalties and prosecution? | Map breached provision. |
| REQ092 | Which law governs penalties and prosecution? | Sections 59–70 |
| REQ093 | What documents support penalties and prosecution? | Cost certificate, Violation chronology, Remediation evidence, Responsibility matrix |
| REQ094 | What is a common risk in penalties and prosecution? | Ignoring daily accumulation |
| REQ095 | Give a practical example of penalties and prosecution. | Advertising an unregistered project can attract up to ten per cent of estimated project cost, with further consequences for continued violation. |
| REQ096 | What is the first check for stalled projects and association-led completion? | Assess physical, financial and title status. |
| REQ097 | Which law governs stalled projects and association-led completion? | Sections 7 and 8; State stalled-project frameworks |
| REQ098 | What documents support stalled projects and association-led completion? | Forensic project report, Cost-to-complete model, Claims register, Authority order |
| REQ099 | What is a common risk in stalled projects and association-led completion? | Ignoring secured creditor rights |
| REQ100 | Give a practical example of stalled projects and association-led completion. | Allottees propose to complete a 70%-built project. A bankable plan requires title, contractor claims, approvals, unsold inventory and financing analysis. |
| REQ101 | What is the first check for state rera overlay? | Identify project state and authority. |
| REQ102 | Which law governs state rera overlay? | Sections 84 and 85; Applicable state rules, regulations and orders |
| REQ103 | What documents support state rera overlay? | State legal pack, Portal checklist, Circular tracker, Local professional certificates |
| REQ104 | What is a common risk in state rera overlay? | Using central model rules as operative state law |
| REQ105 | Give a practical example of state rera overlay. | A Maharashtra project and a Haryana project cannot use one generic registration checklist; bank certificates, portal workflows and forms differ. |
| REQ106 | What is the first check for buyer due diligence before booking? | Verify registration and phase. |
| REQ107 | Which law governs buyer due diligence before booking? | RERA Act and state portal disclosures; Property, registration and local planning laws |
| REQ108 | What documents support buyer due diligence before booking? | RERA page print, Title search, Approval checklist, Agreement review |
| REQ109 | What is a common risk in buyer due diligence before booking? | Relying only on advertisement |
| REQ110 | Give a practical example of buyer due diligence before booking. | A registered project has disclosed mortgage and pending environmental approval. Registration does not remove those risks. |
Source discipline
This page is an editorial navigation layer. The linked official Act, rule, regulation, notification, circular, portal instruction or judgment remains controlling.