Section 4: Application for registration of real estate projects

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 4

Section 4 of RERA governs the mandatory application process for project registration, requiring promoters to deposit seventy percent of all realization amounts into a dedicated project escrow account to eliminate fund diversion.

  • Core Legal Standard: Section 4 establishes rigorous documentary and financial prerequisites for obtaining project registration.
  • RERA Regulatory Governance: Promoters must submit sanctioned building plans, layout approvals, development schedules, proforma agreement for sale, and an affidavit under Section 4(2)(l).
  • Operational Mechanism: The centerpiece of Section 4 is sub-clause (D) of Section 4(2)(l), which mandates that seventy percent of the amounts realized from allottees from time to time must be deposited in a separate scheduled bank account (escrow account) to cover the cost of construction and land cost, and can be used only for that purpose.

Withdrawals from this escrow account are strictly proportioned to the percentage of project completion and require certification from an engineer, an architect, and a chartered accountant.

Key Landmark Precedents:
  • Bikram Chatterji v. Union of India (Amrapali Group) (2019) 19 SCC 161: The Supreme Court ordered forensic audits into massive diversion of homebuyer funds and held that strict compliance with the Section 4(2)(l)(D) escrow account mandate is mandatory; diversion of funds constitutes criminal breach of trust and justifies cancellation of land leases.
  • Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (2021) SCC OnLine SC 1044: The Supreme Court reiterated that the 70% escrow mechanism is the central financial pillar of RERA designed to insulate project funds from being siphoned off into other speculative ventures.
Legal Commentary:

Section 4(2)(l)(D) dismantled the historic developer practice of using booking advances from Project B to finance land acquisition for Project C while leaving Project A stalled. The three-tier professional certification required for every withdrawal ensures continuous financial accountability throughout construction.