UP RERA 10th Amendment 2026: Complaints on Unregistered Projects

The Uttar Pradesh Real Estate Regulatory Authority issued its 10th amendment on March 25, 2026, fundamentally expanding jurisdiction over unregistered real estate projects. Historically, homebuyers in unregistered projects could not file complaints with RERA; they were forced to pursue remedies through civil courts, taking 5-10 years. The amendment allows buyers to lodge complaints, which RERA will hear and determine whether the project qualifies for exemption. This addresses a critical gap in buyer protection and accelerates access to remedies.

The Historical Exclusion of Unregistered Projects

Before March 2026, RERA's paradise clause created a paradox: certain projects were exempt from registration, and buyers could not file complaints with RERA even if harmed by builder misconduct. Builders exploited this gap, keeping projects unregistered to shield themselves from expedited RERA remedies. Thousands of homebuyers in unregistered projects languished in courts while those in registered projects secured RERA remedies within 6-12 months.

The New Complaint Procedure

A homebuyer in an unregistered project can now file a complaint with UP RERA's designated bench specifying project details, builder information, and nature of complaint. RERA conducts preliminary examination to determine jurisdiction. If the project satisfies RERA criteria (sale of land with structure or promise to construct), RERA assumes jurisdiction. RERA issues a determination within 30 days. For projects falling within RERA scope, the Authority may grant interim relief (demanding possession within a timeline) and final relief (damages, refund, or specific performance).

Impact on Builders and Homebuyers

The amendment removes the incentive to keep projects unregistered. Previously, builders could indefinitely delay possession with minimal regulatory consequence. Now, builders face RERA determination of exemption status and, if unjustified, expedited RERA remedies. This incentivizes builders to complete projects on schedule. Thousands of older projects remain unregistered; buyers now have clear recourse via RERA complaint, creating a clean-up mechanism for the backlog.

Conclusion

The UP RERA 10th amendment eliminates the loophole allowing builders to exploit unregistered projects. Homebuyers now have an accessible mechanism to secure RERA resolution regardless of registration status. This should accelerate case resolution for millions of homebuyers and create stronger incentives for builders to deliver on time and maintain quality standards. For the real estate sector, the amendment signals that exemptions will be scrutinized and substantive buyer protection obligations cannot be evaded.