By S&S Co. Advocates & Solicitors · Published 15 December 2025 · Informational content, not legal advice: see our disclaimer
Why Agents Are Separately Regulated
RERA does not confine its regulatory reach to promoters. Section 9 requires every real estate agent to register with the relevant state RERA Authority before facilitating the sale or purchase of any plot, apartment or building in a project: a registered agent is issued a registration number that must be quoted in every sale or purchase facilitated, similar to how promoters must quote their own project registration number.
Independent of the Promoter's Own Status
An agent's registration obligation operates independently of the promoter's own compliance: an agent cannot excuse non-registration by pointing out that the promoter's project registration was itself pending, and RERA authorities have penalised agents on this independent basis even where the promoter side of the transaction was separately under scrutiny.
Disclosure Obligations at the Point of Sale
Beyond registration itself, Section 10 requires an agent to not facilitate the sale or purchase of any plot, apartment or building in a project that is not registered with the Authority, to maintain and preserve books of account, records and documents as prescribed, and to facilitate the possession of all information and documents the allottee is entitled to at the time of booking. A registered agent that simply hands over marketing brochures, without independently verifying and passing on the project's actual registration status, sanctioned plans and disclosed timeline, has been found by RERA authorities to fall short of full compliance.
Liability Exposure
An agent found in breach of these obligations can face penalties under Section 62, and in serious cases, deregistration. For brokerages operating across multiple states, it is worth noting that agent registration is typically state-specific, so a brokerage active in Delhi NCR, Noida and Kolkata should confirm it holds current registration in each relevant state RERA jurisdiction rather than assuming one registration covers all.
Frequently Asked Questions
Does every real estate broker need RERA registration?
Any agent facilitating the sale or purchase of a plot, apartment or building in a RERA-registered project must obtain agent registration under Section 9, regardless of the scale of their brokerage business.
Is agent registration state-specific?
Generally yes: an agent operating across multiple states should confirm registration in each relevant state RERA jurisdiction.
Can an agent be penalised even if the developer's project registration is also non-compliant?
Yes: RERA authorities have treated agent and promoter registration obligations as independent, and an agent's own non-registration is separately actionable.
References & Further Reading
This article references the following statutes, rules and judicial decisions. Case citations link to the fuller discussion in our Legal Updates archive, verified against primary sources at the time of writing.
- Real Estate (Regulation and Development) Act, 2016: Sections 9 (registration of real estate agents), 10 (functions of real estate agents) and 62 (penalty for contravention).