Section 5 RERA: Grant of registration

Section 5 of Real Estate (Regulation and Development) Act, 2016: Grant of registration

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) On receipt of the application under sub-section (1) of section 4, the Authority shall within a period of thirty days.

(a) grant registration subject to the provisions of this Act and the rules and regulations made thereunder, and provide a registration number, including a Login Id and password to the applicant for accessing the website of the Authority and to create his web page and to fill therein the details of the proposed project; or

(b) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of this Act or the rules or regulations made thereunder:

Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter

(2) If the Authority fails to grant the registration or reject the application, as the case may be, as provided under sub-section (1), the project shall be deemed to have been registered, and the Authority shall within a period of seven days of the expiry of the said period of thirty days specified under sub-section (1), provide a registration number and a Login Id and password to the promoter for accessing the website of the Authority and to create his web page and to fill therein the details of the proposed project.

(3) The registration granted under this section shall be valid for a period declared by the promoter under sub-clause (C) of clause (1) of sub-section (2) of section 4 for completion of the project or phase thereof, as the case may be.

Legal Commentary & Landmark Judgments: Section 5

Section 5 governs the statutory timeline and legal criteria for the grant or rejection of project registration by the Real Estate Regulatory Authority, establishing a strict 30-day decision window and deemed registration provisions.

Thirty-Day Mandate: The Authority must either grant or reject the application within 30 days from the date of application under Section 4.
Grant of Registration: Upon satisfaction, the Authority issues a formal registration certificate with a unique Registration Number and website login credentials.
Mandatory Opportunity of Being Heard: No application can be rejected without providing the applicant promoter a reasonable opportunity of being heard.
Deemed Registration [Sec 5(2)]: If the Authority fails to grant or reject within 30 days, the project is deemed to have been registered, and login credentials must be issued within 7 days thereafter.

Key Landmark Precedents:

Subhash Chand Agrawal v. RERA, 2019 SCC OnLine RERA 12: RERA held that failure by the Authority to communicate deficiency notices within 30 days triggers statutory deemed registration under Section 5(2), preventing administrative lethargy from stalling developments.
Pioneer Urban Land & Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416: The Supreme Court recognized that RERA registration under Section 5 operates as an essential consumer guarantee certifying regulatory scrutiny of land title and sanction approvals.

Courtroom Practice & Strategic Litigation Guidance:

Promoters should track the 30-day statutory clock via acknowledgment receipts; if the Authority fails to respond, invoke Section 5(2) deemed registration by formal requisition for login credentials.

Section 5: Grant of registration

Section 5 of Real Estate (Regulation and Development) Act, 2016: Grant of registration

Legal Commentary & Landmark Judgments: Section 5