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

On receipt of the application the Authority must, within thirty days, either grant registration (with a registration number, Login Id and password) or reject it for reasons...

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RERA
Published
October 1, 2026
Last updated
Oct 3, 2026
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Last updated: October 2026Verified against: Government sources

Section 5 sets what the Authority must do once a promoter's application under section 4 reaches it: within thirty days it either grants registration or rejects the application with recorded reasons. If it does neither, the project is deemed registered. The registration lasts for the completion period the promoter declared. For help with an application that is pending or rejected, our legal consultation service can step in.

Section 5 at a glance

Sub-sectionWhat it provides
5(1)(a)Grant registration subject to the Act, rules and regulations; give registration number, Login Id and password
5(1)(b)Or reject, for reasons recorded in writing, if the application does not conform
Proviso to 5(1)No rejection without an opportunity of being heard
5(2)Deemed registration if the Authority fails to grant or reject within thirty days; number and login within seven more days
5(3)Validity equals the completion period declared under section 4(2)(l)(C)

Section 5(1): thirty days to decide

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

(a) Grant registration. It is "subject to the provisions of this Act and the rules and regulations made thereunder". The Authority provides a registration number, including a Login Id and password to the applicant, to access the Authority's website, create the project's web page and fill in the project details. The login is the key to the promoter's duties in section 11: once it is received, the promoter must create the web page.

(b) Reject the application. Only "for reasons to be recorded in writing", and only "if such application does not conform to the provisions of this Act or the rules or regulations made thereunder".

Proviso. "No application shall be rejected unless the applicant has been given an opportunity of being heard in the matter." A rejection without a hearing is outside the text of section 5.

Two points the text leaves open:

  • When do the thirty days start? The text says "on receipt of the application". It does not say what happens if the application is incomplete, or whether a query to the promoter stops the clock; the regulations and State rules may deal with it.
  • Working days or calendar days? Section 2(r) defines "day" as a working day notified by the appropriate Government, so the thirty days count in working days as notified (see section 2).

Section 5(2): deemed registration

"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."

EventResult
Authority grants within 30 daysRegistration, with number, Login Id and password
Authority rejects within 30 days, after hearing, with reasonsApplication rejected
Authority does nothing within 30 daysProject deemed registered; number and login within 7 days after the 30 days

Example. Sinha Estates files a complete application on day 1. The Authority neither grants nor rejects it by day 30. The project is deemed registered from the end of the thirty days. By the end of the following seven days, the Authority must give a registration number and login. If it does not, the promoter has a statutory basis to press for them, and the Authority's inaction does not undo the deemed registration.

The text does not say from which exact date the deemed registration is counted (the end of the thirty days is the natural reading) and it does not address a case where the application had a defect that would have justified rejection. It also does not say what remedy lies if the seven days lapse; the remedies are in the general powers of the Authority and the appeal provisions.

Section 5(3): how long the registration lasts

"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."

Note the printed reference: "clause (1) of sub-section (2) of section 4" should read as clause (l), the declaration clause in section 4(2)(l); the text prints the numeral "1". This looks like a drafting slip in the numbering style, with no change of meaning. See section 4.

Practical consequences:

  • The promoter's own declared completion date fixes the validity. A shorter period declared is a shorter registration.
  • For a project in phases, section 3 treats each phase as a separate project, so each phase has its own declared period.
  • Extension is possible only under section 6, for force majeure.

What the section does not say

  • It does not state any fee, form or portal step; those are in the State's regulations.
  • It does not say what the Authority must check beyond "conform to the provisions of this Act".
  • It does not say whether the registration number is in a prescribed format.

Need help with a pending or rejected registration?

If your application is past the thirty-day mark without a decision, or was rejected without a hearing, the position under section 5 is specific and time-bound. Our legal consultation team can check your dates and the Authority's order and advise on how to proceed.

Key takeaways

  • The Authority has thirty days from receipt to grant or reject.
  • Rejection needs written reasons and an opportunity of being heard.
  • Silence for thirty days means the project is deemed registered; number and login follow within seven days.
  • The registration is valid for the completion period declared by the promoter.
  • Extension is only through section 6.

Read next

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.

Quick recapKey facts & short answers

Key Facts About Section 5

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

How long does the Authority take to grant registration?

Thirty days from receipt of the application (5(1)); counted in working days as notified.

What if the Authority does not reply?

The project is deemed registered, and the Authority must issue the registration number and login within seven days after the thirty days (5(2)).

A penalty is the visible cost of a delay; the lost time and credibility are the larger part.

— TaxClue Compliance Desk

Section 5: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Thirty days from receipt of the application (5(1)); counted in working days as notified.

The project is deemed registered, and the Authority must issue the registration number and login within seven days after the thirty days (5(2)).

No. The proviso bars rejection unless the applicant has been given an opportunity of being heard.

For the period the promoter declared for completion in the section 4 affidavit (5(3)).

Yes. The Authority provides a registration number, a Login Id and a password for the promoter to create the project's web page.

No. They are set by the Authority's regulations and State rules, and differ by State.