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Company Law· Updated Jul 2026· 9 min read· By CA Sumit Chandwani· AY 2026-27

RERA Compliance: Registration, the 70% Escrow, and Quarterly Returns (2026)

RERA turned Indian real estate from a caveat-emptor market into a regulated one. For developers and agents, that means registration before you can advertise, an escrow you cannot freely touch, and quarterly reporting. Here is what compliance actually requires.

RERA Compliance: Registration, the 70% Escrow, and Quarterly Returns (2026)
TL;DR

Register first: any project on land over 500 sq.m or with more than 8 apartments must be RERA-registered before any advertising, booking or sale.

The 70% rule: 70% of buyer collections go into a project-specific escrow, drawn only for that project's land and construction, in proportion to progress.

Ongoing: quarterly progress reports, annual audit, and a five-year structural defect liability. Non-registration can cost up to 10% of project cost.

What's in this guide
  1. What RERA changed
  2. Who must register, and when
  3. The 70% escrow rule
  4. Quarterly reports, audit and defect liability
  5. Real estate agents
  6. Penalties and fees
  7. Quick answers

What RERA changed

The Real Estate (Regulation and Development) Act, 2016, RERA, brought the property sector under a regulator for the first time. Before it, a builder could advertise, take bookings and delay possession indefinitely with little recourse for buyers. RERA replaced that with mandatory registration, a ring-fenced escrow, a standardised definition of carpet area, and a fast grievance authority. Each state runs its own authority, MahaRERA in Maharashtra, UP RERA in Uttar Pradesh, and so on, so the framework is central but the portal and fees are state-specific.

Who must register, and when

RERA registration is mandatory for any residential or commercial project where:

Projects below both thresholds are generally exempt, though many builders register voluntarily for the credibility it signals. The timing is the part that catches promoters out: registration must be obtained before any advertising, marketing, booking or sale. Section 3 of the Act prohibits all of those without a valid registration number, you cannot even put up a hoarding for an unregistered project.

The point people miss: RERA registration is a precondition to selling, not a formality you complete alongside it. Advertise or take a booking first, and you are already in breach, regardless of intent.

The 70% escrow rule

The financial heart of RERA is the escrow. A promoter must open a project-specific escrow account and deposit 70% of all money collected from buyers into it. This money is legally ring-fenced:

This single mechanism is what stopped the old practice of funding one project with another's buyer money, the cause of countless stalled developments. Getting the withdrawal certifications right, and the accounting behind them, is where professional support matters.

Quarterly reports, audit and defect liability

Registration is the start, not the end. Ongoing RERA compliance includes:

Because these obligations run for the life of the project and beyond, RERA compliance is closer to an ongoing engagement than a one-off filing, much like ROC compliance for a company.

Real estate agents

RERA does not only regulate developers. Real estate agents must register separately, and in each state where they operate, before facilitating any transaction in a registered project. An agent's registration is generally valid for about five years and must be renewed on expiry. Operating unregistered exposes the agent to penalties in their own right.

Penalties and fees

The penalties are deliberately heavy, which is why compliance is not optional:

Registration fees themselves are state-specific, typically a per-square-metre charge for projects (often in the ₹5 to ₹25 range) and a fixed fee for agents. Given the scale of the penalties relative to the modest fees, registering correctly and on time is simply good economics.

Our RERA compliance service handles project and agent registration, the escrow-withdrawal certifications, quarterly progress reporting and the annual audit, so a missed filing never puts a project's sales on hold.

Quick answers

When is RERA registration mandatory? For any project on land over 500 sq.m or with more than 8 apartments, before any advertising or sale. What is the 70% rule? 70% of buyer collections must sit in a project-specific escrow, drawn only for that project in proportion to progress. Do agents register? Yes, separately in each state. What are the penalties? Up to 10% of project cost for promoters, up to ₹10 lakh for agents. Need help? Our RERA team handles registration and ongoing compliance.

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Frequently asked questions

When is RERA registration mandatory?
RERA registration is mandatory for any residential or commercial project where the land area exceeds 500 square metres or there are more than 8 apartments, counting all phases. Registration must be obtained before any advertising, marketing, booking or sale, Section 3 of the Act prohibits all of those for an unregistered project. Projects below both thresholds are generally exempt but may register voluntarily.
What is the 70% escrow rule under RERA?
A promoter must deposit 70% of all money collected from buyers into a project-specific escrow account. That money can be used only for the land cost and construction of that same project, not diverted elsewhere, and withdrawals must be proportional to construction progress and certified, typically by an engineer, architect and Chartered Accountant. It exists to stop one project being funded with another's buyer money.
What are the ongoing RERA compliance obligations?
Beyond registration, promoters must file Quarterly Progress Reports updating construction milestones, timelines and approvals on the state RERA portal, undergo an annual audit of the project accounts, and honour a five-year structural defect liability, rectifying structural defects reported within five years of possession. These run for the life of the project, making RERA an ongoing compliance engagement.
Do real estate agents need to register under RERA?
Yes. Real estate agents must register separately from developers, and in each state where they operate, before facilitating any transaction in a registered project. An agent's registration is generally valid for around five years and must be renewed on expiry. Operating without registration exposes the agent to penalties of up to ₹10 lakh.
What are the penalties for not complying with RERA?
For promoters, non-registration can attract a penalty of up to 10% of the estimated project cost, and continued default can lead to imprisonment of up to three years. For agents, operating without registration can attract a penalty of up to ₹10 lakh. Because these penalties dwarf the modest state registration fees, timely and correct registration is straightforwardly worthwhile.

Official references

Ministry of Housing and Urban AffairsMahaRERA
Part of the Income Tax Act 2025 series

Service: RERA Compliance · Related: Annual filing calendar

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