Sub-section (1) of Section 40 of the RERA Act read with Rule 25 of the Karnataka RERA Rules enables, empowers and authorises the Authority or the Adjudicating Officer, as the case may be, to recover from a promoter or an allottee or a real estate agent any interest, penalty or compensation as may be imposed, in the same manner as arrears of Land Revenue under the Karnataka Land Revenue Act, 1964 and the rules made thereunder.

Sub-section (2) of Section 40 of the Act read with Rule 26 of the Rules enables, empowers and authorises the Authority or the Adjudicating Officer, as the case may be, to enforce its orders or directions in the same manner as a decree or order made by the principal civil court of original jurisdiction in a suit.

In exercise of these powers, the Authority has prescribed a Standard Operating Procedure (SOP) for implementation with immediate effect, applicable to orders passed on complaints filed under Section 31 of the RERA Act, 2016. The SOP covers both monetary and non-monetary relief recovery. The circular has been approved by the Hon’ble Chairman, K-RERA.

RERA Enforcement SOP – 9 Steps
After 60 days: RERA checks whether the order has been complied with by contacting both parties.
Non-compliance: The Decree Holder files an Execution Petition online, with an updated calculation of dues, if applicable.
Notice: Both parties are called for a hearing, generally within 2 weeks of registration of the petition.
First opportunity: If there is non-compliance, the Judgment Debtor gets 2 weeks to comply. If complied, the case is closed.
Monetary relief: If payment is still not made, the Judgment Debtor must submit an affidavit disclosing all assets, bank accounts and investments within 2 weeks.
Compliance: If the order is fully satisfied, the petition is disposed of as complied/satisfied.
Recovery: If monetary dues remain unpaid, RERA issues a Revenue Recovery Certificate (RRC) for attachment and auction of assets/bank accounts.
Non-monetary relief: RERA may enforce the order itself as a civil court decree or send it to the jurisdictional Principal Civil Court for enforcement.
Online system: Karnataka RERA’s IT Department will provide the necessary online infrastructure for execution proceedings.