Karnataka RERA Annual Audit Reports: Filing Requirements and Non-Compliance

Author: E Suhail Ahmed, Partner Trial Base Advocates and Smriti Legal LLP

Introduction

The third proviso to Section 4(2)(l)(D) of the Real Estate (Regulation and Development) Act, 2016 requires the promoter of a registered real estate project to have the project’s accounts audited within six months after the end of every financial year by a Chartered Accountant in practice. The certified statement of accounts is intended to verify that amounts collected for the project have been utilised for that project and that withdrawals correspond to the percentage of completion.

 

For projects registered with Karnataka RERA (K-RERA), annual audit compliance also involves submission of the prescribed Annual Audit Report through the Authority’s online portal. Promoters should distinguish the statutory requirement to complete the audit from the administrative process and deadline for filing the report.

Statutory Requirement Under Section 4(2)(l)(D)

The third proviso to Section 4(2)(l)(D) addresses the audit of accounts relating to a registered real estate project. It requires an audit within six months of the close of each financial year and a statement of accounts duly certified and signed by a Chartered Accountant in practice.

The audit examines whether money collected for a particular project has been applied to that project and whether withdrawals have been made in proportion to the percentage of project completion. This makes the annual audit a continuing project-level compliance obligation, rather than a formality confined to the initial registration.












    Filing Annual Audit Reports with Karnataka RERA

    1. Annual Audit Report in Form 7

    K-RERA prescribes submission of the project’s Annual Audit Report online in Form 7. The prescribed form is made available through the Authority’s website, and promoters should use the applicable format and filing facility for the relevant financial year.

    2. Portal filing and communications from K-RERA

    Following the end of the financial year, the Authority enables the online filing facility and communicates the filing requirement to promoters of registered projects. It may also issue notices to promoters of projects not reported as completed in the previous financial year.

    K-RERA generally communicates filing instructions and any extension of the submission period through notices or circulars published on its portal. Promoters should check the applicable communication for the relevant financial year rather than relying on an earlier year’s filing window.

    3. Audit completion and report submission are distinct

    The statutory audit deadline and the portal submission deadline should be tracked separately. An extension of time for uploading Form 7 does not, by itself, alter the six-month statutory period for getting the project’s accounts audited under Section 4(2)(l)(D).

    4. Non-filing and potential penalties

    Failure to submit an Annual Audit Report within the prescribed or extended period may result in regulatory action. The source article notes that K-RERA has previously treated non-filing as a contravention of Section 4 and imposed penalties under Section 60 of the Act, which provides for a penalty that may extend up to five per cent of the estimated cost of the real estate project.

     

    The source article specifically refers to instances of penalties of up to one per cent of the estimated project cost. That historical observation should not be read as a fixed statutory penalty for every case.

    5. Show-cause notices and outstanding reports

    The original article highlights show-cause notices issued in relation to non-filing of Annual Audit Reports for FY 2022–23. A promoter receiving such a notice should examine the financial year and alleged default, respond within the specified period, and take steps to submit the outstanding report.

     

    A response to a notice and subsequent filing should be handled promptly. Whether a penalty is imposed or avoided depends on the applicable law, the notice, the facts of the case and the Authority’s decision.

    Practical Compliance Considerations for Promoters

    Annual audit compliance requires coordination between the promoter’s finance team, project records and the Chartered Accountant. Promoters should maintain a clear record of the audit’s completion, Form 7 preparation, online submission and acknowledgements.

    Maintain an audit and filing calendar

    Track the six-month statutory audit period from the close of each financial year, and separately track the Form 7 filing deadline or any extension formally communicated by K-RERA.

    Keep project-wise accounts and audit records ready

    Ensure that project-wise accounts, records of amounts collected, expenditure and withdrawals are available for the Chartered Accountant’s verification. The certified statement of accounts should support the project-specific checks contemplated under Section 4(2)(l)(D).

    Monitor K-RERA circulars and preserve acknowledgements

    Review notices, circulars and portal updates issued by K-RERA for the relevant financial year. Retain the completed Form 7, supporting documents and online filing acknowledgement as part of the project’s compliance records.

    Respond promptly to notices

    If a show-cause notice is received for non-filing, respond within the stipulated time and address any outstanding report. Do not assume that a late submission automatically disposes of proceedings or eliminates potential penalties.

    Download Form-7

    For easy access, you can download Form 7, the prescribed format for submitting the Annual Audit Report to Karnataka RERA

    Conclusion

    For promoters of projects registered under Karnataka RERA, the annual audit is both a statutory verification of project finances and a recurring compliance responsibility. Completing the audit within the prescribed period and submitting the required report through the K-RERA portal are related but distinct steps.

     

    Maintaining reliable project accounts, monitoring official filing communications and responding promptly to notices can reduce the risk of avoidable non-compliance and regulatory proceedings.

    All your questions answered

    RERA Consultants FAQs

    The promoter must have the accounts relating to a registered project audited within six months after the end of each financial year by a Chartered Accountant in practice, with a duly certified and signed statement of accounts.

    K-RERA prescribes online filing of the Annual Audit Report in Form 7. Promoters should follow the portal instructions and the filing deadline or extension communicated for the relevant financial year.

    Non-filing may lead to notices and proceedings for contravention of Section 4, with potential penalties under Section 60. A promoter receiving a notice should respond promptly and address the outstanding filing.

    Disclaimer:

    The information contained in this article is provided for general informational purposes and does not constitute legal advice. Readers should not act or refrain from acting on the basis of any content included herein without seeking appropriate legal or professional advice on the specific facts and circumstances at issue.

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