By Team Neeraj Associates, Lucknow · Last reviewed: November 2026 · 6 min read
हिंदी में पढ़ें: रेरा आदेश के बाद वसूली और अपील — हिंदी गाइड
Quick answer: If a builder does not pay or obey a UP RERA order, the amount can be recovered as arrears of land revenue under Section 40(1) of the RERA Act, 2016, through a recovery certificate sent to the District Collector. Orders can also be executed like a civil court decree. The builder can be penalised for every day of default, up to 5% of the project's estimated cost (Section 63). A builder who wants to appeal to the UP Real Estate Appellate Tribunal must file within 60 days and first make a pre-deposit (Sections 43(5) and 44). This guide follows our complaint filing guide and refund and interest guide.
Step 1: Read the order and note the deadline
When you receive the order, check:
- the amount: principal, interest rate and the date from which interest runs
- the time for compliance. Under Rule 16 of the UP RERA Rules, 2016, refunds with interest and compensation are due within 45 days.
- any directions, such as handing over possession or executing the conveyance deed
Ask for a certified copy if you need one. If there is an obvious arithmetical or clerical mistake, the Authority can correct it within two years of the order (Section 39), but it cannot change the substance of the order this way.
Step 2: If the builder does not comply, ask for recovery
- Recovery as arrears of land revenue (Section 40(1) and Rule 23): You can apply to UP RERA for a recovery certificate (RC). The RC is sent to the Collector of the district where the builder or its property is located. The amount is then recovered under the state's land revenue law, which can include attachment and sale of property.
- Execution like a decree (Section 40(2) and Rule 24): Orders of the Authority, the Adjudicating Officer or the Appellate Tribunal can be enforced in the same manner as a civil court decree. If needed, they can be sent to the principal civil court where the project is located or where the builder resides or works.
- Follow up: Keep the RC number and track it with the Collectorate and the tehsil. Recovery is often slow, so regular follow-up matters.
Step 3: Penalties for disobeying orders
- Orders of the Authority (Section 63): A builder who fails to comply can be made to pay a penalty for every day of default, which may add up to 5% of the project's estimated cost.
- Orders of the Appellate Tribunal (Section 64): Failure to comply can lead to imprisonment of up to three years, or a fine for every day of default up to 10% of the estimated cost, or both.
- Registration action: Persistent default can lead to revocation of the project's registration (Section 7). The Authority can then take steps under Section 8 to complete the remaining work, for example through the state government or the association of allottees.
A buyer can ask the Authority to start penalty proceedings when its order is not obeyed.
If the builder appeals
- Where: the Uttar Pradesh Real Estate Appellate Tribunal (UP REAT).
- Time limit: within 60 days of receiving the order. The Tribunal can admit a later appeal if there is sufficient cause (Section 44(2)).
- Pre-deposit (Section 43(5)): before the appeal is heard, a builder must deposit at least 30% of the penalty, or a higher percentage fixed by the Tribunal, or the total amount payable to the allottee, including interest and compensation, or both.
- Time for decision: the Tribunal is to try to decide an appeal within 60 days (Section 44(5)).
- Tribunal orders are executable as a civil court decree (Section 57).
The pre-deposit protects the buyer. If the builder loses the appeal, the deposited amount can be released towards the dues.
Appeal to the High Court
A further appeal against the Tribunal's order lies to the High Court of the state where the project is situated, within 60 days of communication of the order. The High Court can admit a later appeal if the appellant was prevented by sufficient cause. The appeal can be only on the grounds in Section 100 of the Code of Civil Procedure, that is, a substantial question of law (Section 58(1)). No appeal lies against a Tribunal order made with the consent of the parties (Section 58(2)). For projects in Uttar Pradesh, the appeal goes to the Allahabad High Court (at Allahabad or its Lucknow Bench, depending on the district).
Can the buyer appeal too?
Yes. Any person aggrieved by an order, including a buyer who got less than claimed, can appeal to the Tribunal within 60 days (Section 44). The pre-deposit applies only to builders.
Frequently asked questions
How long does recovery through a recovery certificate take?
It varies by district and by the builder's assets. Regular follow-up with UP RERA and the Collectorate, and penalty proceedings under Section 63, can help.
Can I approach a civil court to execute a RERA order?
RERA orders are enforced in the manner of a civil decree under the UP RERA Rules, and the Authority can send an order to the principal civil court for execution. The usual route starts with an application to UP RERA itself.
What if the builder has no assets left or goes insolvent?
If insolvency proceedings start against the builder, recovery generally has to go through that process, where homebuyers are treated as financial creditors. Take advice early.
Can the builder stop recovery by filing an appeal?
An appeal does not automatically stop recovery. The builder must make the pre-deposit under Section 43(5), and any stay depends on the Tribunal's order.
Is there a time limit for applying for a recovery certificate?
RERA does not set a specific time limit, but applying soon after the compliance period ends avoids complications and keeps the matter moving.
About the authors
Team Neeraj Associates, Lucknow Email: rishi.saxena@neerajassociates-legal.com · Phone: +91 8960006363
Questions on this guide? If you have a question about the law discussed here, write to rishi.saxena@neerajassociates-legal.com. Selected questions will be answered in future updates of this guide. We do not advise on individual matters through this website.
Disclaimer: This article is general information as of November 2026, not legal advice. Laws and procedures change, and every case depends on its facts. Please consult an advocate about your situation.
Disclaimer: This article is general information about Indian law and is not legal advice. Laws, rules and court rulings change, and your situation may differ. Please consult an advocate before acting.