RERA Appellate Tribunal Appeal REAT India Guide 2026

Lost a homebuyer case before your State RERA, or hit with a penalty as a builder? You have exactly 60 days to appeal to the Real Estate Appellate Tribunal under RERA, and a promoter cannot even be heard without first depositing the money owed.

The Real Estate Appellate Tribunal is the appeal forum created under RERA, 2016. It hears challenges to decisions, directions and orders passed by a State Real Estate Regulatory Authority or its adjudicating officer. Both homebuyers and builders can use it. Its own orders can be challenged further before the High Court.

The Real Estate (Regulation and Development) Act, 2016 governs every step of this appeal.

• Section 43(5) - Any person aggrieved by a direction, decision or order of the RERA Authority or the adjudicating officer may file an appeal to the Real Estate Appellate Tribunal.
• Section 44(2) - The appeal must be filed within 60 days of receiving the order. The Tribunal may admit a late appeal if it is satisfied there was sufficient cause for the delay.
• Proviso to Section 43(5) - Where a promoter files the appeal, the Tribunal shall not entertain it unless the promoter has first deposited at least 30 percent of the penalty, or the total amount to be paid to the allottee including interest and compensation as the case may be, before the appeal is heard. This pre-deposit is a real gate, not a formality.
• Section 44(5) - The Tribunal shall endeavour to dispose of the appeal within 60 days of receiving it, and record reasons in writing if it cannot.
• Section 58 - Any party still aggrieved by the Tribunal's order may appeal to the High Court within 60 days, on one or more questions of law.

The pre-deposit condition for promoters was challenged as unconstitutional. In M/s Newtech Promoters and Developers Pvt Ltd v State of U.P., 2021 SCC OnLine SC 1044, the Supreme Court upheld the mandatory pre-deposit under the proviso to Section 43(5) as a valid pre-condition for a promoter's right of appeal. So a builder must pay first and argue later.

RTI angle, honestly stated: The State RERA Authority is a public authority under the RTI Act, 2005. The Tribunal itself is largely a judicial body, so its pending case files may not be freely disclosable. But you can use RTI to get the project file, registration and quarterly progress details, copies of orders, and the status of complaints held by the RERA Authority. That paper trail strengthens both your appeal and any later execution.

1. Confirm you are aggrieved. Any allottee, association of allottees, promoter or interested person hit by a RERA order can appeal. Read the order and identify exactly what you are challenging.
2. Check the 60-day clock. Count 60 days from the date you received the order, the limit set by Section 44(2). If you are late, prepare a separate delay-condonation application explaining the sufficient cause, with proof.
3. If you are a promoter, arrange the pre-deposit. Calculate 30 percent of the penalty, or the full amount due to the allottee with interest and compensation, whichever the proviso requires. Keep the payment proof ready, because the appeal will not be entertained without it.
4. Draft the appeal memorandum. State the parties, the impugned order, the grounds of appeal and the relief sought. Follow the format and number of copies prescribed in your State RERA Appellate Tribunal Rules.
5. Pay the appeal fee. Fees are fixed by each State's Appellate Tribunal Rules and vary by state, so confirm the current figure on your State RERA portal before you pay.
6. File before the Tribunal. Submit the appeal with annexures, the demand-draft or proof of fee, and the pre-deposit proof if you are a promoter, within the limitation period or with the delay application.
7. Attend the hearings. The Tribunal aims to decide within 60 days under Section 44(5). Appear or have your authorised representative or advocate appear on each date.
8. If still aggrieved, go to the High Court. Under Section 58 you have 60 days to appeal on a question of law.

First Appeal Builder can help you structure a clean, ground-by-ground appeal document.

• Certified or downloaded copy of the impugned RERA order
• The appeal memorandum with grounds and relief, in prescribed copies
• Proof of date of receipt of the order, to fix limitation
• Delay-condonation application with evidence, if filed after 60 days
• Proof of pre-deposit, if the appellant is a promoter
• Demand-draft or receipt for the prescribed appeal fee
• Copy of the original complaint, agreement to sell and key correspondence
• Authorisation or vakalatnama if represented by an agent or advocate
• Identity and address proof of the appellant

• Missing the 60-day window under Section 44(2) and filing without a delay-condonation application
• Builders filing an appeal without the Section 43(5) pre-deposit, which the Tribunal cannot entertain
• Calculating only 30 percent of the penalty when the order also directs payment to the allottee with interest and compensation
• Filing in the wrong forum, for example the High Court directly, instead of the Tribunal first
• Vague grounds of appeal instead of specific legal and factual errors in the order
• Forgetting that the further appeal to the High Court under Section 58 must raise a question of law within 60 days
• Not collecting the RERA project file and order copies through RTI before drafting

Before you appeal, or to enforce a win, file an RTI with the State RERA Authority for the project records and order copies. Send it to the Public Information Officer of your State RERA. Here is a sample you can adapt.

To,
The Public Information Officer
[State] Real Estate Regulatory Authority
[Office address]

Subject: Request for information under the Right to Information Act, 2005

Sir or Madam,

Under Section 6(1) of the RTI Act, 2005, I request the following information
regarding RERA-registered project [Project Name], registration number
[RERA Reg No.], and complaint number [Complaint No.] if any:

1. A certified copy of the registration application and the latest quarterly
   progress reports filed by the promoter for the above project.
2. A certified copy of every order, direction and decision passed by the
   Authority or the adjudicating officer in the above complaint.
3. The current status of the above complaint and any execution proceedings.
4. The name and designation of the officer who passed the said order.

As per Section 7(1) of the RTI Act, 2005, kindly provide this information
within 30 days. I enclose the prescribed fee of ₹10. If any part of this
request is refused, please give reasons and inform me of my right of
first appeal under Section 19(1) of the Act, along with the appellate
authority's details.

Name:
Address:
Phone:
Date:
Signature:

You can generate a ready-to-send version with the AI RTI Drafter.

You have 60 days from the date you received the order under Section 44(2) of RERA. The Tribunal can admit a late appeal if you show sufficient cause for the delay.

Both can. Section 43(5) lets any person aggrieved by an order of the RERA Authority or its adjudicating officer appeal, so allottees, associations and promoters all qualify.

Yes. The proviso to Section 43(5) requires a promoter to first deposit at least 30 percent of the penalty, or the full amount due to the allottee with interest and compensation, before the Tribunal will hear the appeal.

Yes. In M/s Newtech Promoters and Developers Pvt Ltd v State of U.P., 2021 SCC OnLine SC 1044, the Supreme Court upheld the mandatory pre-deposit under the proviso to Section 43(5) as valid.

Section 44(5) says the Tribunal shall endeavour to dispose of the appeal within 60 days of receiving it, and record reasons in writing if it cannot meet that timeline.

Yes. Under Section 58 you can appeal to the High Court within 60 days, but only on one or more questions of law.

The appeal fee is set by each State's Appellate Tribunal Rules and varies by state. Check your State RERA portal for the current figure before paying.

Yes. The State RERA Authority is a public authority under the RTI Act, 2005. You can seek the project file, registration details, order copies and complaint status for the standard ₹10 fee.

• Real Estate (Regulation and Development) Act, 2016, Sections 43, 44, 58 - https://www.indiacode.nic.in
• Right to Information Act, 2005 - https://www.indiacode.nic.in
• M/s Newtech Promoters and Developers Pvt Ltd v State of U.P., 2021 SCC OnLine SC 1044 - https://indiankanoon.org

• How to file a RERA complaint in 2026
• RERA order builder not complying: execution and recovery
• AI RTI Drafter
• First Appeal Builder
• The RTI Playbook
• RTI Act, 2005
• Case-law database