Sections 20 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter V begins with the body that runs the Act. Section 20 tells the appropriate Government to establish a Real Estate Regulatory Authority by notification, makes it a body corporate that can sue and be sued, and provides for interim arrangements. Section 21 says it consists of a Chairperson and at least two whole-time Members. If you are dealing with an Authority as a promoter, agent or buyer, our legal consultation service can help you with the procedure.
The appropriate Government must, within one year from the date of coming into force of the Act, by notification, establish an Authority known as the Real Estate Regulatory Authority (20(1)). It may set up one Authority for two or more States or Union territories, or more than one in a State or Union territory. Until then it designates an existing Regulatory Authority or an officer, preferably the Secretary of the housing department, and pending matters move to the new Authority. The Authority is a body corporate with perpetual succession and a common seal (20(2)). It consists of a Chairperson and not less than two whole-time Members (21).
At a glance
| Provision | What it provides |
|---|---|
| 20(1) | Appropriate Government establishes an Authority by notification within one year from the coming into force of the Act |
| First proviso | One single Authority for two or more States or Union territories is allowed |
| Second proviso | More than one Authority in a State or Union territory is allowed |
| Third proviso | Interim: the appropriate Government designates a Regulatory Authority or officer, preferably the Secretary of the Housing department |
| Fourth proviso | Pending applications, complaints and cases transfer to the new Authority and are heard from the stage reached |
| 20(2) | Body corporate; perpetual succession; common seal; acquire, hold and dispose of property; contract; sue or be sued |
| 21 | Chairperson and not less than two whole-time Members, appointed by the appropriate Government |
Section 20(1): who establishes the Authority, and when
"The appropriate Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Authority to be known as the Real Estate Regulatory Authority to exercise the powers conferred on it and to perform the functions assigned to it under this Act."
- The appropriate Government is defined in section 2(g): the State Government for a State, with different arrangements for Union territories. See our article on the definitions. So each State sets up its own Authority, and that is why rules and procedures differ by State.
- One year runs from "coming into force of this Act". Under section 1(3), different provisions can come into force on different dates, so the date depends on when this provision came into force; see section 1. The text does not state the date, and the section states no consequence of missing the one-year limit.
- The name is fixed: "Real Estate Regulatory Authority". The "Authority" in the rest of the Act (section 2(i)) means the Authority established under section 20(1).
Four provisos
- Shared Authority. "The appropriate Government of two or more States or Union territories may, if it deems fit, establish one single Authority." So several States can pool into one.
- More than one Authority. "The appropriate Government may, if it deems fit, establish more than one Authority in a State or Union territory." The text does not say how jurisdiction is divided between them; that is for the notification.
- Interim arrangement. "Until the establishment of a Regulatory Authority under this section, the appropriate Government shall, by order, designate any Regulatory Authority or any officer preferably the Secretary of the department dealing with Housing, as the Regulatory Authority for the purposes under this Act." This keeps the Act workable before a full Authority exists. The word "preferably" is a preference, not a requirement.
- Pending cases move. "After the establishment of the Regulatory Authority, all applications, complaints or cases pending with the Regulatory Authority designated, shall stand transferred to the Regulatory Authority so established and shall be heard from the stage such applications, complaints or cases are transferred." So a case does not start over; it continues from where it had reached.
Example. A buyer files a complaint with a designated officer acting as the interim Authority. A year later, the State notifies a full Authority. By the fourth proviso, the complaint stands transferred and is heard from the stage it had reached.
Section 20(2): a legal person
"The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with the power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued."
| Feature | What it means in practice |
|---|---|
| Body corporate | The Authority is a legal person separate from its members |
| Perpetual succession | It continues even when the Chairperson or Members change |
| Common seal | It authenticates its own orders and documents |
| Property and contract | It can hold property and enter contracts, subject to the Act |
| Sue or be sued | Proceedings can be brought by or against the Authority by its name |
The words "subject to the provisions of this Act" limit these powers. Section 30 adds that an act of the Authority is not invalid merely because of a vacancy or a defect in its constitution; see our article on sections 29 and 30. The Authority's orders can be appealed to the Appellate Tribunal; see the Authority and the Appellate Tribunal.
Section 21: composition
"The Authority shall consist of a Chairperson and not less than two whole time Members to be appointed by the appropriate Government."
| Point | Text |
|---|---|
| Head | A Chairperson |
| Members | Not less than two whole-time Members |
| Appointing body | The appropriate Government |
| Maximum | The text gives no maximum number |
Points to read carefully:
- "Whole time" Members. Part-time members are not counted for the minimum of two. The text does not rule out additional part-time members.
- No upper limit. The size beyond three is for the appropriate Government.
- Definitions. Section 2(l) defines "Chairperson" as the Chairperson appointed under section 21, and 2(zd) defines "Member" as a Member appointed under section 21, including the Chairperson.
- Appointment route. Section 21 says "appointed by the appropriate Government"; section 22 adds that the appointment is on the recommendation of a Selection Committee. Qualifications, term and removal are in sections 22 to 26; see sections 22 to 24 and sections 25 to 28.
What these sections do not say
- No date or State list of Authorities; those are in State notifications.
- No jurisdiction split where more than one Authority is set up.
- No consequence if the Government misses the one-year limit.
- No maximum number of Members.
- No address, website or filing steps; these differ by State.
For examples of how a State's Authority works, see our posts on RERA in Maharashtra and RERA in Uttar Pradesh.
Need help dealing with your State's Authority?
Which Authority has jurisdiction over your project, and whether your matter was pending with an interim body, are practical questions with legal consequences. Our legal consultation team can identify the right forum and the State's procedure for you.
Key takeaways
- Each appropriate Government must establish the Real Estate Regulatory Authority by notification, within one year of the provision coming into force.
- Two or more States may share one Authority, and a State may have more than one.
- Interim designation of an officer, preferably the Housing Secretary, applies until the Authority is set up; pending matters then transfer.
- The Authority is a body corporate with perpetual succession and a common seal.
- It consists of a Chairperson and not less than two whole-time Members.
Read next
- Sections 22 to 24: qualifications, term and salary of Authority members
- Section 18: return of amount and compensation
- RERA Authority and Appellate Tribunal
- Introduction to RERA 2016: complete guide
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.