BACK TO RERA Act 2016
RERA Act 2016

Section 5

Grant or Rejection of Registration

THE STATUTE

Original Text

The Authority shall within thirty days of receipt of the application under sub-section (1) of section 4,— (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: 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, within the period specified under sub-section (1), the project shall be deemed to have been registered, and the Authority shall within seven days of the expiry of the said period, provide a registration number and a Login Id and password to the applicant.

Legal Commentary

Section 5 creates a fast, time-bound registration process — and a deemed registration safety valve that prevents the Authority from killing projects through inaction. **30-day mandatory decision timeline:** The RERA Authority has exactly 30 days from receipt of a complete application to make a decision. This strict timeline prevents bureaucratic delays that had historically stalled real estate projects. The 30 days runs from 'receipt of application' — if the application is incomplete, the authority can return it for completion, resetting the clock. **Deemed registration (Section 5(2)) — the accountability mechanism:** If the Authority does not act within 30 days, the project is automatically registered. The Authority then has 7 more days to issue the Registration Number, Login ID, and password. This deemed registration provision ensures the RERA Authority cannot kill projects through delay — it must either approve, reject, or lose the decision to the applicant by default. **Registration number and web page access:** Grant of registration comes with a unique Registration Number — which must be displayed on all advertisements, agreements, and communications (Section 11 obligation). The promoter is also given a Login ID and password to update the project's RERA web page with quarterly progress reports. **Opportunity of hearing before rejection:** No application can be rejected without giving the promoter an opportunity to be heard. This is a natural justice requirement — codified in the statute to prevent arbitrary rejections. **State variation:** States have added pre-registration scrutiny mechanisms — Maharashtra requires all documents to be verified by MahaRERA's technical wing before the 30-day clock starts; incomplete applications are returned, resetting the timeline.

Questions & Answers

The RERA Authority must grant or reject registration within 30 days of receiving a complete application (Section 5(1)). If it fails to act within 30 days, registration is deemed granted (Section 5(2)). In practice, most state RERA authorities take 15–30 days depending on the completeness of documentation and technical scrutiny requirements.
Under Section 5(2), the project is automatically deemed registered. The Authority must then issue a Registration Number, Login ID, and password within 7 days. The promoter can take legal action if the Authority continues to delay after the deemed registration.
No. Section 5(1)(b) expressly requires that no application shall be rejected unless the applicant has been given an opportunity of being heard. This is a mandatory natural justice requirement — rejection without hearing is grounds for appeal to the Appellate Tribunal under Section 44.