Section 4 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.
Section 4 tells a promoter how to apply to the Authority for registration of a project and what must go with the application: eleven listed documents, a sworn declaration with six undertakings and a catch-all for other documents. It does not fix the form, fee or time; those are for the Authority's regulations and differ by State. If you are preparing a filing, our legal consultation service can check the document set against this section.
Every promoter must apply to the Authority for registration, in the form, manner, time and fee specified by the Authority's regulations (4(1)). The application must carry the documents listed in 4(2)(a) to (m), including a declaration supported by an affidavit that covers title, encumbrances, the completion period, a separate account for 70% of the amounts realised, pending approvals and other documents. The Authority must run a web based online system for applications within one year of its establishment (4(3)).
Registration is required by section 3; this section is the "how". Remember that for a project in phases, section 3 treats each phase as a stand-alone project, so each phase has its own application.
Section 4(1): the application
"Every promoter shall make an application to the Authority for registration of the real estate project in such form, manner, within such time and accompanied by such fee as may be specified by the regulations made by the Authority." The Act gives no form, no fee and no number of days. Those are in the regulations of the Authority of your State, and they differ by State. For State pages, see RERA in Maharashtra or RERA in Haryana.
Section 4(2): documents to be enclosed
| Clause | Document |
|---|---|
| (a) | Brief details of the enterprise: name, registered address, type of enterprise (proprietorship, societies, partnership, companies, competent authority), particulars of registration, and the names and photographs of the promoter |
| (b) | Brief detail of projects launched in the past five years, completed or being developed, with current status, any delay in completion, details of cases pending, type of land and payments pending |
| (c) | Authenticated copy of the approvals and commencement certificate from the competent authority, and for a phased project, for each phase |
| (d) | The sanctioned plan, layout plan and specifications of the project or phase, and of the whole project, as sanctioned |
| (e) | Plan of development works and proposed facilities, including fire fighting, drinking water, emergency evacuation and use of renewable energy |
| (f) | Location details with clear demarcation of the land and its boundaries, including latitude and longitude of the end points |
| (g) | Proforma of the allotment letter, agreement for sale and conveyance deed proposed to be signed with allottees |
| (h) | Number, type and carpet area of apartments for sale, with the area of exclusive balcony or verandah and exclusive open terrace, if any |
| (i) | Number and areas of garages for sale |
| (j) | Names and addresses of his real estate agents, if any |
| (k) | Names and addresses of contractors, architect, structural engineer, if any, and other persons concerned with development |
| (l) | Declaration supported by affidavit (see below) |
| (m) | Such other information and documents as may be prescribed |
Terms such as carpet area and sanctioned plan have the meanings in section 2. Under clause (g), the proforma of the agreement for sale is filed at registration.
Section 4(2)(l): the declaration and affidavit
The declaration must be signed by the promoter or any person authorised by the promoter, and supported by an affidavit. It states:
- (A) Legal title. That the promoter has a legal title to the land on which development is proposed, with legally valid documents authenticating the title if the land is owned by another person.
- (B) Encumbrances. That the land is clear of all encumbrances or, as the case may be, the details of the encumbrances, including any rights, title, interest or name of any party in or over the land, with details.
- (C) Completion period. The time period within which he undertakes to complete the project or phase. This period later fixes the validity of the registration (see section 5(3)).
- (D) Separate account. That seventy per cent of the amounts realised for the project from allottees, from time to time, will be deposited in a separate account in a scheduled bank to cover the cost of construction and the land cost, and used only for that purpose.
- (E) Approvals. That he shall take all the pending approvals on time from the competent authorities.
- (F) Other documents. That he has furnished such other documents as may be prescribed by the rules or regulations.
The three provisos to (D)
- The promoter withdraws from the separate account in proportion to the percentage of completion of the project.
- Withdrawal is made after it is certified by an engineer, an architect and a chartered accountant in practice that it is in proportion to completion.
- The promoter gets accounts audited within six months after the end of every financial year by a chartered accountant in practice and produces a certified statement; it is verified in the audit that the amounts collected for the project were used for it and that withdrawals followed the percentage of completion.
"Scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (the text prints "schedule bank" and "Schduled", which are spelling slips). Our post on the 70% separate account explains the practice.
Example. A promoter collects Rs 10 crore from buyers in a quarter. Under (D), Rs 7 crore must go to the separate account, and withdrawals follow the certified percentage of completion. The clause does not restrict the other 30% and states no penalty; consequences sit in later sections.
Section 4(3): online system
"The Authority shall operationalise a web based online system for submitting applications for registration of projects within a period of one year from the date of its establishment." The section says nothing about the portal's address or the steps. These differ by State, and we name none here. Read our guide to registering a project for the practical flow.
Need help with a project registration application?
Missing one of the 4(2) documents, or giving an affidavit that does not match the land records, can delay the registration or invite action later. Our legal consultation team can review the full document set and the declaration before you file with your State's Authority.
Key takeaways
- Every promoter must apply to the Authority; form, fee and time come from the Authority's regulations.
- Eleven documents are listed in 4(2)(a) to (k), then the declaration and affidavit in (l) and other prescribed documents in (m).
- The affidavit covers title, encumbrances, completion period, the 70% separate account, pending approvals and other documents.
- Withdrawals from the separate account need an engineer, architect and CA certificate and follow percentage of completion.
- The Authority must have an online application system within one year of its establishment.
Read next
- Section 5: grant of registration
- Section 6: extension of registration
- How to register a real estate project on RERA
- 70% funds in a separate account
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.