Sections 84 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.
This is the part of the Act that explains why RERA looks different from State to State. Section 84 tells the appropriate Government to make rules within six months of commencement; section 85 tells each Authority to make regulations within three months of its establishment; section 86 requires both to be laid before the legislature. Almost every "as may be prescribed" in the Act points back to these sections. If you are trying to work out which rule or regulation governs your project or complaint, our legal consultation service can help you find it.
The appropriate Government shall, within six months of the commencement of the Act, by notification, make rules (84(1)). The Authority shall, within three months of its establishment, by notification, make regulations consistent with the Act and the rules (85(1)). Each section lists matters on which rules or regulations may provide, and each ends with a catch-all. Rules and regulations are laid before Parliament or the State or Union territory Legislature (86). Forms, fees and procedure are therefore State-specific; the Act does not contain them.
Sections 84 to 86 at a glance
| Section | Who | Time | Instrument |
|---|---|---|---|
| 84 | The appropriate Government | Within six months of commencement | Rules, by notification |
| 85 | The Authority | Within three months of its establishment | Regulations, by notification, consistent with the Act and rules |
| 86(1) | Central Government rules, regulations of the Authority in Delhi and Union territories without Legislature, Central notifications | As soon as may be | Laid before each House of Parliament for thirty days |
| 86(2) | State and Union territory rules, regulations of Authorities under those Governments, notifications | As soon as may be | Laid before the State or Union territory Legislature |
Section 84: rules
"The appropriate Government shall, within a period of six months of the commencement of this Act, by notification, make rules for carrying out the provisions of this Act." (84(1)) Without prejudice to that, the rules "may provide for all or any of the following matters" (84(2)). The list runs from (a) to (zf). We group it as follows; each item is a matter on which rules may provide.
| Group | Matters (sub-section 84(2) clause) |
|---|---|
| Registration of projects and agents | Information and documents for applying under section 4(2)(m) (a); form, manner, fee and documents for agent registration under section 9(2) (b); period, manner and conditions of agent registration under 9(3) (c); validity, renewal manner and fee under 9(6) (d) |
| Agents' records and functions | Books of account and records under section 10(b) (e); other functions under section 10(e) (f) |
| Interest rates | Rate of interest under section 12 (g); under section 18(1)(b) (i); under section 19(4) (j); under section 19(7) (k) |
| Agreement for sale | Form and particulars under section 13(2) (h) |
| The Authority | Selection of Chairperson and Members under section 22 (l); salaries and terms under 24(1) (m); Chairperson's administrative powers under section 25 (n); staff terms under 28(2) (o); details to be published on the website under section 34(b) and (d) (p); additional functions under 35(2)(iv) (q) |
| Recovery and enforcement | Manner of recovery under 40(1) (r); manner of implementing orders under 40(2) (s); recommendations of the Central Advisory Council under 42(2) (t) |
| The Appellate Tribunal | Form, manner and fee for appeal under 44(2) (u); selection of Members under 46(3) (v); salaries and terms under 48(1) (w); inquiry procedure under 49(4) (x); staff terms under 51(3) (y); other powers under 53(4) (z); Chairperson's powers under 54 (za) |
| Offences and compensation | Terms and sum for compounding under section 70 (zb); manner of inquiry under 71(1) (zc) |
| Accounts and reports | Form of budget and accounts under 77(1) (zd); form and time of annual report under 78(1) (ze) |
| Residual | Any other matter to be, or that may be, prescribed (zf) |
Two drafting slips are worth flagging. Clause (z) refers to "clause (h) of sub-section (4) of section 53", but section 53(4) ends at clause (g); and clause (x) names "the Chairperson or Judicial Member of the Tribunal", leaving out the Technical or Administrative Member, although section 49 covers all three. We quote as printed.
What this means. Each State's rules fill these matters in their own way. For example, the rate of interest, the form of the agreement for sale, the appeal fee and the manner of recovery differ by State, which is why our article on each section says "as prescribed by the State rules". For State positions, see our posts such as RERA in Maharashtra, RERA in Delhi and RERA in Karnataka.
Section 85: regulations
"The Authority shall, within a period of three months of its establishment, by notification, make regulations, consistent with this Act and the rules made thereunder to carry out the purposes of this Act." (85(1))
The regulations "may provide for" (85(2)):
| Clause | Matter |
|---|---|
| (a) | Form and manner of application and fee under section 4(1) |
| (b) | Form of application and fees for extension of registration under section 6 |
| (c) | Other information and documents required under section 11(1)(f) |
| (d) | Display of sanctioned plans, layout plans and specifications under section 11(3)(a) |
| (e) | Preparation and maintenance of other details under section 11(6) |
| (f) | Time, places and procedure for meetings of the Authority under section 29(1) |
| (g) | Form, manner and fees for filing a complaint under section 31(2) |
| (h) | Standard fees to be levied on the promoter, the allottees or the real estate agent under section 34(e) |
| (i) | Any other matter to be specified by regulation |
Note the contrast with section 84. Rules cover the Government's side; regulations cover the Authority's working matters such as registration fees, complaint fees and meeting procedure. Regulations must be "consistent with this Act and the rules".
Section 86: laying before the legislature
86(1). "Every rule made by the Central Government, every regulation made by the Authority under the Union territory of Delhi and the Union territories without Legislature and every notification issued by the Central Government under this Act" is laid before each House of Parliament, while in session, "for a total period of thirty days which may be comprised in one session or in two or more successive sessions". If, before the expiry of the session immediately following, both Houses agree to modify, or agree it should not be made, it has effect only in modified form or not at all, "without prejudice to the validity of anything previously done".
86(2). "Every rule made by a State Government or the Union territory Government, as the case may be, every regulation made by the Authority under the State Government or the Union territory Government of Puducherry ... and every notification issued by the State Government or the Union territory Government of Puducherry ... shall be laid as soon as may be, after it is made, before the State Legislature, or the Union territory Legislature". The text gives no thirty-day period or modification rule for sub-section (2); it only requires laying.
The text of 86(1) also says "modification in the rule of regulation", a typographical slip for "rule or regulation".
What readers should do
- Do not rely on one State's figure for another. Fees, forms and interest rates differ.
- Read the rules and the regulations together. A matter may be in either.
- Check the date. Rules and regulations can be amended; the Act as enacted does not carry those changes.
Example. A buyer wants to know the form of the agreement for sale. Section 13(2) says the form and particulars are as prescribed; section 84(2)(h) lets the rules provide for them. So the buyer reads the State's rules, not the Act.
Need help finding the right rule?
Because so much is left to State rules and Authority regulations, the first step in many RERA problems is finding the instrument that applies. We can trace the rule or regulation that governs your matter. See our legal consultation service.
Key takeaways
- The appropriate Government makes rules within six months of commencement; the Authority makes regulations within three months of its establishment.
- Rules cover matters from interest rates and agreement forms to appeal fees and compounding sums.
- Regulations cover Authority matters such as registration fees, complaint fees and meetings.
- Section 86 requires laying before the legislature.
- Clauses (x) and (z) of section 84(2) contain drafting slips.
Read next
- Sections 81 to 83: delegation, supersession of the Authority and Government directions
- Sections 87 and 88: public servants and application of other laws
- RERA in Maharashtra: Registration and Rules
- 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.