Can RERA Stop a Builder Before the Final Order? How Bengaluru Buyers Use Section 36
Section 36 of the RERA Act lets the Authority restrain a promoter, allottee or agent during an inquiry if a contravention is continuing or imminent, without notice where necessary. With Section 35 inquiry powers and Section 37 directions, here is how Bengaluru buyers seek interim relief.
Picture a Bengaluru buyer who has filed a RERA complaint because the builder has started foundation work for an extra tower on land the brochure showed as a park. The hearing is weeks away. By the time a final order comes, the concrete may be poured. The question is whether the regulator can step in now, before it decides the case.
The Real Estate (Regulation and Development) Act, 2016 gives the Authority a set of powers that operate during an inquiry, not just at its end. The most important for a buyer facing an ongoing harm is Section 36, which lets the Authority restrain a promoter, allottee or agent until the inquiry concludes, and in a suitable case without notice to that party.
The short answer. Section 36 of the RERA Act says that where, during an inquiry, the Authority is satisfied that an act in contravention of the Act, rules or regulations has been committed and continues to be committed, or is about to be committed, it may by order restrain any promoter, allottee or real estate agent from carrying on that act until the inquiry ends or until further orders, without giving notice where it deems it necessary. Section 35 lets the Authority call for information and gives it certain civil court powers, and Section 37 lets it issue binding directions. The trade-off: interim relief depends on the Authority being satisfied on the material before it, so a request backed by documents stands a far better chance than one backed by worry.
What does Section 36 allow the Authority to do?
In the Gazette of India text of the RERA Act, Section 36 is headed "Power to issue interim orders". It applies "during an inquiry". The Authority must be satisfied that an act in contravention of the Act, or the rules and regulations, has been committed and continues to be committed, or that such an act is about to be committed.
If so, the Authority may, by order, restrain any promoter, allottee or real estate agent from carrying on such act until the conclusion of the inquiry or until further orders. The section adds that this may be done without giving notice to that party, where the Authority deems it necessary.
Three features stand out. It covers acts that are continuing and acts that are about to happen, not only past acts. It can be directed at any of the three parties the Act regulates. And the no-notice option exists for urgent cases, though it is a matter for the Authority's judgment.
Which other powers work alongside it?
Section 36 sits in a cluster of provisions that give the Authority tools before and beyond its final order. The table sets them out.
| Section | Power | When it applies | Who it can be used against | Why it matters to a buyer |
|---|---|---|---|---|
| 35(1) | Call for information or explanation in writing, and appoint persons to inquire | On a complaint or suo motu | Promoter, allottee or agent | Gets documents you cannot obtain yourself |
| 35(2) | Civil court powers on discovery, summoning and examining on oath, and commissions | While exercising Section 35(1) powers | Any person in the inquiry | Makes the inquiry enforceable |
| 36 | Restrain an act until the inquiry ends or further orders, without notice where necessary | During an inquiry, for continuing or imminent contraventions | Promoter, allottee or agent | Stops harm before the final order |
| 37 | Issue directions that are binding on all concerned | For discharging its functions under the Act | Promoters, allottees or agents | Can set rules of conduct for a project |
| 39 | Rectify a mistake apparent from the record within two years of the order | After an order, if no appeal has been preferred | The Authority's own orders | Fixes clerical or obvious errors without a fresh case |
Section 35(2) lists the civil court powers: discovery and production of books of account and other documents, summoning and enforcing attendance of persons and examining them on oath, issuing commissions for examination of witnesses or documents, and any other prescribed matter. Section 37 says the Authority may issue directions to promoters, allottees or agents as it considers necessary, and that such directions shall be binding on all concerned.
Section 39 has limits. The Authority may rectify a mistake apparent from the record within two years of an order, but not in respect of an order against which an appeal has been preferred, and it shall not amend the substantive part of its order while doing so.
How is a Section 37 direction different from a Section 36 restraint?
They do different jobs. A Section 36 order is tied to an inquiry and to a specific act: it restrains a party from carrying on that act until the inquiry ends or until further orders. A Section 37 direction is broader. The Authority may issue directions from time to time, for the purpose of discharging its functions under the Act, to promoters, allottees or real estate agents as it considers necessary, and those directions are binding on all concerned.
In practice, a buyer facing a specific, ongoing harm on one project will usually be asking for the first. A direction under Section 37 is the kind of tool an Authority may use to set a rule for many projects at once.
Both sit within the Authority's wider powers. Section 38(1) gives it power to impose penalty or interest for contravention of obligations on promoters, allottees and agents. Section 38(2) says the Authority shall be guided by the principles of natural justice and may regulate its own procedure. That is the context in which a no-notice order under Section 36 should be read: an exception for necessity, inside a process that is meant to be fair to both sides.
When would a buyer ask for an interim order?
The trigger is an act that is continuing or about to happen and that the Act prohibits. One example is a change to sanctioned plans. Section 14(2)(i) says that after the sanctioned plans, layout plans, specifications and the nature of fixtures, fittings, amenities and common areas are disclosed to a buyer, the promoter shall not make additions and alterations in respect of the apartment agreed to be taken without that person's previous consent, subject to a proviso for minor changes. The Explanation says minor additions or alterations exclude structural change, including an addition to the area or change in height.
If construction contrary to those provisions is under way, waiting for a final order may leave nothing to protect. That is the situation Section 36 is built for. We explained the consent thresholds for plan changes in our guide to when a builder changes the sanctioned plan.
Other examples where the logic may apply include a promoter dealing with a unit already agreed to be sold, or an agent continuing to market an unregistered project. Whether an interim order is made in any case is for the Authority.
How do you make a strong request?
Section 36 turns on the Authority being "satisfied". Your job is to put enough on the record for that satisfaction to be possible. That means showing three things: what the Act or rules prohibit, what is happening on the ground, and why waiting for the final order would defeat the purpose of the complaint.
Evidence beats description. Dated photographs of the site, the sanctioned plan you were given, the brochure or agreement showing what was promised, and any correspondence in which the builder refused to stop all help your case. If other allottees are affected, a joint request carries the same law but more facts. For the overall complaint process, see our guide to the RERA complaint route.
Buyers still at the shortlist stage can avoid much of this by reading the approved plans first. Our profile of DRK Bellagio in Kithiganur is one example of project detail worth matching against the sanctioned layout.
- File or have pending a complaint under Section 31, since Section 36 operates during an inquiry.
- Identify the provision being breached, such as Section 14(2) for unconsented plan changes, and quote it in your request.
- Collect dated photographs or videos showing the act is continuing or about to happen.
- Attach the sanctioned plan, brochure or agreement that shows what was disclosed to you.
- Explain in plain terms why waiting for the final order would cause harm that cannot be undone.
- Ask the Authority to use its Section 35 powers to call for documents you cannot obtain, such as revised plans or approvals.
- If an interim or final order contains an obvious error, ask for rectification under Section 39 within two years, unless an appeal has been filed.
Are interim orders binding, and what if they are ignored?
An interim order is an order of the Authority. Section 63 provides that a promoter who fails to comply with or contravenes any orders or directions of the Authority shall be liable to a penalty for every day during which the default continues, which may cumulatively extend up to five per cent of the estimated cost of the project. Section 67 provides a comparable penalty, up to five per cent of the plot, apartment or building cost, for an allottee who fails to comply with orders, decisions or directions of the Authority.
If a builder carries on after a restraint order, record it with dates and bring it to the Authority's notice. Continuing defiance is exactly what those penalty provisions address.
Frequently asked questions
Can RERA stop a builder before deciding my complaint?
Section 36 of the RERA Act says that during an inquiry, if the Authority is satisfied that a contravention has been committed and continues, or is about to be committed, it may restrain the promoter, allottee or agent from carrying on that act until the inquiry concludes or until further orders.
Can RERA pass an interim order without hearing the builder?
Section 36 allows the Authority to restrain a party without giving notice to that party, where the Authority deems it necessary. This is a matter for the Authority's judgment on the facts, so a request should explain why immediate action is needed and attach supporting documents.
What powers does RERA have to collect evidence?
Section 35 lets the Authority call for information or explanation in writing and appoint persons to inquire. While doing so, it has civil court powers for discovery and production of documents, summoning and examining persons on oath, and issuing commissions to examine witnesses or documents.
What happens if a builder ignores an RERA order?
Section 63 says a promoter who fails to comply with or contravenes orders or directions of the Authority shall be liable to a penalty for every day the default continues, which may cumulatively extend up to five per cent of the estimated cost of the real estate project.
Last updated 2026-11-14. PropNewz Team.
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