Non-registration of real estate projects by promoters

The Indian real estate sector has been growing rapidly and attracts a lot of buyers and investors every year. This growth has also given rise to certain challenges, including project delays, fraud, and false promises.

The Real Estate Act of 2016, popularly known as RERA, was implemented to protect the interest of the buyer and bring in transparency. This makes it binding on every project to get its due registration with the RERA Authority before publishing any advertisement or sale offer. Failure to do this will amount to a serious legal offence with strict fines.

Best RERA Lawyer has a dedicated team that helps buyers and developers adhere to this clause and claim their rights accordingly.

Non-registration of real estate projects by promoters

What does RERA Registration mean?

What does RERA Registration mean?

RERA registration is a legal requirement under the Real Estate Regulation and Development Act, 2016. It makes a real estate project authentic, approved, and transparent.

Before a promoter can start marketing or selling units in a project, they must:

  • Register the project with the State RERA Authority
  • Submit all the required documents, which include land title, project layout, approvals, and timeline.
  • Publicly disclose project details on the RERA website

Once registration, the project receives a RERA Registration Number that has to be referred to in all the advertisements and sale-related documents.

Accurate registration will assist buyers set up the veracity of the project and guarantee accountability through the developer.

Why is Registration Important?

Registration under RERA acts as a safeguard in favour of homebuyers and holds the real estate market accountable for certain fair practices.

Here’s why registration is important:

  • It brings transparency in project details.
  • It ensures timely completion of the project
  • It protects buyers from fraudulent or fake projects.
  • It holds promoters legally responsible for delays and misrepresentations.
  • It builds trust between buyers and developers.

Lacking registration, a project operates outside the law and puts buyers’ hard-earned money at risk.

When Does a Promoter Need to Register a Project?

According to Section 3 of the RERA Act, every real estate project that involves:

  • Development of land over 500 square meters, or
  • Construction of more than 8 units (apartments)

The project needs to be registered with RERA before any marketing, advertising, and sale-related activity is initiated.

The promoter shall also register ongoing projects which have not received completion certificate at the time of RERA implementation.

In simple terms, no promoter can sell or advertise a project unless it is registered under RERA.

How to Check if a Project is Registered Under RERA

It is always important to first check whether or not the particular project is registered before investing in it.

Here’s how you do it:

  • Go to your state RERA website: for example, Delhi RERA.
  • In the “Registered Projects” section
  • Enter project name, promoter name or RERA Number.
  • Check for the project details, such as approvals, layout, and possession date.

If that project is not listed, then it is most probably not registered. In that case, you should contact a RERA lawyer to take appropriate legal action.

Consequences of Non-Registration

In case of failure to register the project, liability may be attributed to the promoter under the RERA Act itself.

It also leads to serious legal implications, concerning penalties.

Let's understand what these are:

Rights of Homebuyer's Against Unregistered Projects

Homebuyer’s have several legal rights and remedies against any promoter who has not registered their project under RERA.

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File a Complaint with RERA Authority

Section 31 of the Act provides that a buyer can file a formal complaint before the State RERA Authority for violation of registration provisions.

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Claim Refund or Compensation

If you have invested in an unregistered project, you can ask for a refund with interest or claim compensation for mental and financial stress.

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Report to RERA Adjudicating Officer

An adjudicating officer appointed under RERA can impose penalties and order compensation against the promoter.

Best RERA lawyers in India

Approach Consumer Court

Apart from RERA, buyers can also approach Consumer Forums for deficiency in service or unfair trade practices.

At Best RERA Lawyer, our team of legal experts helps in getting your best course of action going so that justice may be served to you.

Role of RERA Lawyers in Such Cases

Role of RERA Lawyers in Such Cases

Non-registration of projects is quite complicated and requires appropriate legal knowledge, documentation, and procedural expertise.

That is where professional RERA lawyers come into play.

Our Expertise Includes:

  • Check if a project is correctly registered
  • Filing RERA complaints on behalf of homebuyers
  • Appearance before RERA Authorities and Appellate Tribunals on behalf of clients
  • Helping developers complete the RERA registration to avoid penalties. Assisting in refund and compensation claims
  • Advising on compliance with RERA regulations

Our team of lawyers at Best RERA Lawyer specializes in handling all sorts of RERA disputes, right from non-registration to project delays and possession issues, and also in builder malpractices.

Legal Implications and Penalties – Explained in Detail

The RERA Act leaves no room for ambiguity when it comes to penalties for non-registration.

Let’s break down the legal implications and penalties step by step:

Violation: Failure to register the project

Legal Provision: Section 59(1)

Penalty/Implication: Fine up to 10% of estimated project cost

Violation: Continued non-compliance

Legal Provision: Section 59(2)

Penalty/Implication: Imprisonment up to 3 years or further fine

Violation: Failure to comply with Authority’s orders

Legal Provision: Section 64 

Penalty/Implication: Imprisonment up to 3 years or daily fine up to 10%

Violation: Providing false information

Legal Provision: Section 60

Penalty/Implication: Fine up to 5% of estimated project cost

These legal implications and penalties make it clear that RERA aims to enforce discipline and protect the interest of homebuyer’s.

How a Best RERA Lawyer Can Help

How a Best RERA Lawyer Can Help

At Best RERA Lawyer, the aim is to make real estate justice accessible, affordable, and effective.

Whether you are a homebuyer in search of relief or a developer looking to comply, our experienced team is prepared to assist you with the following:

  • Legal consultation and document review
  • Filing of RERA complaints and appeals
  • Representing you before the RERA authorities and Tribunals
  • Drafting and responding to legal notices
  • Claims management, refund, compensation, and interest.
  • Assisting developers with proper project registration

Law expertise coupled with a client-oriented approach allows us to guarantee efficiency and transparency in handling cases.

Why Choose Best RERA Lawyer

Fairness, transparency, and justice in each and every real estate transaction-that is the simple goal.

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Experienced Legal Team

Years of experience in handling RERA and property disputes.

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Transparent Process

Clear Communication, Honest Legal Advice.

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Proven Results

Successful track record in RERA complaint resolutions.

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Customer-focused Approach

Individualized strategies in each case.

Best RERA lawyers in India

End-to-End Support

From Registration to Representation Before RERA Authority.

Conclusion

Non-registration of real estate projects by promoters is not a small mistake; it is a serious violation of the RERA Act, which may have grave legal consequences and penalties.

It is also the buyer’s responsibility to be aware and check whether such a project is duly registered. The buyer needs to take necessary legal steps immediately if any discrepancy is detected.

With expert guidance from Best RERA Lawyer, one can protect their rights and recover money along with holding the defaulting builders accountable under the law.

FAQs

Find Answers To All Your Queries Here!

FAQs

Find Answers To All Your Queries Here!

Heavy fines, possible imprisonment, and other severe legal consequences and penalties lie in store for the promoter.

This ensures transparency, prompt delivery, and also legal protection to homebuyers regarding fraudulent or unauthorized projects.

Yes, complaints can be filed by buyers with the RERA Authority for refunds or compensation.

Promoters can be fined up to 10 percent of the project cost or be imprisoned.

Every builder or promoter undertaking development above 500 sq meters or eight units should register.

Go to your State RERA website and search by project name, promoter, or registration number.

Yes, expert RERA lawyers help with filing complaints, documentation, and representation before RERA authorities.

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