The builder isn't registered with RERA. Can I still file a complaint?

What the Law Says

The Real Estate (Regulation and Development) Act, 2016 mandates registration of all real estate projects and agents before advertisement or sale. Builders operating without RERA registration violate the law and face strict penalties.

Under Section 3 of the Real Estate (Regulation and Development) Act, 2016, no promoter may advertise, market, book, sell or offer for sale any plot, apartment or building in a real estate project unless the project is registered with the concerned State RERA Authority.

Section 59(1) prescribes punishment for contravention of Section 3: imprisonment up to three years, or a fine up to ten percent of the estimated project cost, or both. If the violation continues, an additional fine of ₹10,000 per day may apply.

Section 61 allows any aggrieved person — including homebuyers — to file a complaint before the RERA Authority, regardless of whether the builder is registered. The Authority must dispose of complaints within 60 days.

Statutory Text

No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase any plot, apartment or building in any real estate project… without registering such project with the Authority.

— Real Estate (Regulation and Development) Act, 2016, s. 3 — Registration of real estate projects

Statutory Text

Whoever contravenes the provisions of section 3… shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten per cent of the estimated cost of the real estate project… or with both.

— Real Estate (Regulation and Development) Act, 2016, s. 59(1) — Penalty for contravention of section 3

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