RERA & homebuyer rights
Checking RERA registration, delayed possession, refunds with interest, carpet area, agreements for sale and how to file a complaint.
Questions answered
Key laws, rules, forms and judgments
Real Estate (Regulation and Development) Act, 2016
RERA is the central law that regulates how builders sell flats, plots and buildings in India. It requires promoters to register projects before selling, forces transparency on layouts and costs, and gives buyers a regulator and tribunal to complain to instead of relying only on civil courts.
Act No. 16 of 2016 · in force · source
RERA Section 3 — Prior Registration of Real Estate Projects
A builder cannot advertise, market, book or sell any flat, plot or building until the project is registered with the state RERA authority. This is the single biggest protection RERA gives buyers — an unregistered project is illegal to sell.
Section 3, Act No. 16 of 2016 · in force · source
RERA Section 4 — Application for Registration of Projects
This section lists everything a builder must submit to register a project — land title proof, approvals, layout plans, carpet area of every unit, and a sworn declaration of the completion date. It is the paperwork backbone that later sections, like the 70% escrow rule, build on.
Section 4, Act No. 16 of 2016 · in force · source
RERA Section 5 — Grant of Registration
The RERA authority must approve or reject a project's registration application within 30 days. If it does neither, the project is automatically deemed registered — so regulator silence favours the builder, not the buyer.
Section 5, Act No. 16 of 2016 · in force · source
RERA Section 6 — Extension of Registration on Force Majeure
A builder can ask RERA for more time to finish a project only on grounds of force majeure — war, flood, drought, fire, cyclone, earthquake or a similar natural calamity. This is the exact legal basis being cited for 2026 extension claims linked to regional conflict.
Section 6, Act No. 16 of 2016 · in force · source
RERA Section 7 — Revocation of Project Registration
RERA can cancel a builder's registration for a project if the builder defaults, breaks approval terms, or engages in unfair practice or fraud. If cancelled, the builder's escrow account is frozen and allottees usually get the first right to complete the project themselves.
Sections 7-8, Act No. 16 of 2016 · in force · source
RERA Sections 9-10 — Registration and Duties of Real Estate Agents
Property brokers and agents — including anyone who introduces buyers and sellers for a fee — must register with the state RERA before facilitating any sale; one registration covers the whole state. They also cannot deal in unregistered projects or make false claims.
Sections 9 and 10, Act No. 16 of 2016 · in force · source
RERA Section 11 — Promoter's Website Disclosures and Quarterly Updates
Once registered, a builder must publish full project details on the RERA website — approvals, booking status, and progress — and update the booking, garage and approval status every quarter for the life of the project. Every advertisement must carry the project's RERA registration number.
Section 11, Act No. 16 of 2016 · in force · source
RERA Section 12 — Obligation Regarding Veracity of Advertisement
If a buyer pays money based on a brochure, ad or model flat that turns out to be false or misleading, the builder must compensate the loss — and if the buyer wants to walk away instead, the builder must refund the entire amount with interest.
Section 12, Act No. 16 of 2016 · in force · source
RERA Section 13 — 10% Cap on Advance Payment Before Agreement for Sale
A builder cannot collect more than 10% of a flat's cost as booking amount or application fee before signing and registering a formal Agreement for Sale with the buyer. This stops builders taking large sums on a mere token booking with no binding contract behind it.
Section 13, Act No. 16 of 2016 · in force · source
RERA Section 14 — No Alteration Without Two-Thirds Allottee Consent
Once a builder shows buyers the sanctioned layout and specifications, it cannot change the plan for a buyer's own unit without that buyer's consent, and cannot alter the building or common areas without written consent from at least two-thirds of all buyers in that building.
Section 14, Act No. 16 of 2016 · in force · source
RERA Section 15 — Transfer of Promoter's Rights and Liabilities
If a builder wants to hand its project to another developer, it needs sign-off from two-thirds of the buyers plus RERA's approval — and the new developer inherits every existing obligation to buyers exactly as it stood, with no extra time to finish the project.
Section 15, Act No. 16 of 2016 · in force · source
RERA Section 16 — Promoter's Obligation to Insure the Project
Builders are required to insure the land title and the construction itself, and to hand that insurance cover to buyers, or their association, once the sale agreement is signed and again when the buyers' association is formed.
Section 16, Act No. 16 of 2016 · in force · source
RERA Section 17 — Transfer of Title / Conveyance Deed
The builder must register a conveyance deed transferring legal ownership of the flat, and a proportionate share of common areas, to the buyer. Where no local law fixes a timeline, RERA sets a default: within 3 months of getting the occupancy certificate.
Section 17, Act No. 16 of 2016 · in force · source
RERA Section 18 — Refund, Interest and Compensation for Delay
This is the section buyers use most. If a builder misses the possession date in the agreement, a buyer who wants out can demand a full refund with interest; a buyer who wants to stay is entitled to monthly interest for every month of delay until possession.
Section 18, Act No. 16 of 2016 · in force · source
RERA Section 19 — Rights and Duties of Allottees
Buyers get clear rights — to see sanctioned plans, know the construction schedule, and claim a refund with interest on delay — but also clear duties, like paying instalments on time and taking possession within 2 months of the occupancy certificate.
Section 19, Act No. 16 of 2016 · in force · source
Definition of 'Carpet Area' Under RERA
RERA legally defines carpet area as the actual usable floor area inside your flat's walls. This is the only area a builder can legally price and advertise a flat by, ending the old practice of quoting confusing 'super built-up area' figures.
Section 2(k), Act No. 16 of 2016 · in force · source
The 70% Separate Bank Account Rule
Builders must put 70% of every rupee collected from buyers for a project into a separate, project-specific bank account, and can only withdraw in proportion to actual construction progress. This is meant to stop builders diverting one project's money to fund another project or personal use.
Section 4(2)(l)(D), Act No. 16 of 2016 · in force · source
RERA Section 31 — Filing of Complaints
Anyone affected — a buyer, an association of buyers, or even a registered consumer group — can file a complaint against a promoter, allottee or agent directly with the RERA authority or its adjudicating officer, in the form and on the fee each state prescribes.
Section 31, Act No. 16 of 2016 · in force · source
RERA Section 40 — Recovery as Arrears of Land Revenue
If a builder, buyer or agent doesn't pay an interest, penalty or compensation amount RERA has ordered, the authority doesn't need to sue separately — it can recover the money the way the government recovers unpaid land revenue, through district revenue officials.
Section 40, Act No. 16 of 2016 · in force · source
RERA Sections 43-44 — Real Estate Appellate Tribunal
If you disagree with a RERA authority's order, you can appeal to the state's Real Estate Appellate Tribunal within 60 days. If the builder is the one appealing, it must first deposit at least 30% of the penalty or the amount owed to the buyer before the appeal is even heard.
Sections 43-44 and 58, Act No. 16 of 2016 · in force · source
RERA Sections 59-68 — Penalties for Promoters, Agents and Allottees
RERA backs its rules with real financial teeth — penalties calculated as a percentage of project or unit cost, plus jail time for repeat non-compliance with tribunal orders. These sections set out exactly what a promoter, agent or even an allottee risks for breaking the law.
Sections 59 to 68, Act No. 16 of 2016 · in force · source
RERA Sections 71-72 — Adjudicating Officer and Compensation Factors
Compensation claims (as opposed to plain refund/interest claims) are decided by a separate adjudicating officer — a sitting or retired District Judge appointed by RERA — who must dispose of applications within 60 days and weighs specific factors like the builder's unfair gain and the buyer's actual loss.
Sections 71-72, Act No. 16 of 2016 · in force · source
Real Estate (Regulation and Development) (General) Rules, 2016 — MoHUA Model
MoHUA issued a model 'General Rules' template that states were expected to adapt into their own RERA rules, covering registration fees, the standard Agreement for Sale format, the interest-rate formula, and agent registration forms. Most state rules closely mirror this template.
Real Estate (Regulation and Development) (General) Rules, 2016 · in force · source
Maharashtra Real Estate (Regulation and Development) Rules, 2017
These are Maharashtra's own rules under the central RERA Act — covering project and agent registration fees, the interest rate for delayed possession, and the disclosures builders must make on the MahaRERA website. They are the detailed operating manual behind MahaRERA's portal.
Maharashtra RERA Rules, 2017 · in force · source
MahaRERA Model Agreement for Sale (Annexure A)
Maharashtra prescribes a standard-format Agreement for Sale that every registered project must substantially follow, so buyers get the same baseline protections (payment schedule, possession date, penalty clauses) regardless of which builder they buy from.
Annexure A to Maharashtra RERA Rules, 2017 · in force · source
MahaRERA Conciliation Forum and Complaint Procedure
Before or alongside a formal MahaRERA complaint, buyers and builders can use MahaRERA's Conciliation Forum — panels of industry and consumer representatives who try to broker a settlement faster and more cheaply than a full hearing. MahaRERA has also periodically revised how complaints are listed and heard, including hybrid (online plus in-person) hearings.
MahaRERA circulars on conciliation forum and complaint hearing procedure · in force · source
UP RERA General Rules, 2016 and Agreement for Sale/Lease Rules, 2018
Uttar Pradesh operates its RERA framework through two rule sets: the 2016 General Rules (registration, fees, procedure) and a dedicated 2018 rule set fixing the standard Agreement for Sale and lease terms used across UP projects, including in Noida and Greater Noida.
UP RERA (General) Rules, 2016; UP RERA (Agreement for Sale/Lease) Rules, 2018 · in force · source
Haryana Real Estate (Regulation and Development) Rules, 2017
Haryana's own RERA rules set out registration procedure and fees for both the Gurugram and Panchkula authorities, the standard Agreement for Sale, and the interest rate for delay — the operating detail behind HRERA's two-authority structure.
Haryana RERA Rules, 2017 · in force · source
Karnataka RERA Rules, 2017 and Recovery Drives Against Defaulters
Karnataka's RERA rules set registration procedure, fees and the standard interest formula, and K-RERA has become one of the more active authorities in actually recovering unpaid dues from defaulting builders by issuing Recovery Certificates under s.40, rather than leaving buyers to chase enforcement themselves.
Karnataka RERA Rules, 2017 · in force · source
RERA Form A — Application for Registration of a Project
Form A is the standard application a promoter files to register a real estate project — it captures everything s.4 requires: land title, approvals, layout, carpet areas, and the declared completion date, plus the 70% escrow account details.
Form A, State RERA Rules (model) · in force · source
RERA Form B — Registration Certificate
Form B is the certificate a RERA authority issues once a project's Form A application is approved — it carries the official registration number that must appear on every advertisement for that project.
Form B, State RERA Rules (model) · in force · source
RERA Form C — Application for Extension of Project Registration
Form C is what a builder files, under s.6, to ask RERA for more time to finish a project on grounds of force majeure. It requires the builder to spell out exactly what calamity or event caused the delay and for how long.
Form C, State RERA Rules (model) · in force · source
RERA Agent Registration Forms (Form G — Application, Form H — Certificate)
Real estate agents apply for state-wide RERA registration on Form G, and if approved, receive their registration certificate on Form H, which carries the registration number they must quote in every deal they facilitate.
Form G and Form H, State RERA Rules (model) · in force · source
MahaRERA Complaint Forms (Form M — Against Promoter, Form N — Against Agent)
Maharashtra uses two different complaint forms depending on who you're complaining about: Form M for a complaint against a promoter/builder, and Form N for a complaint against a registered real estate agent, both filed online through MahaRERA's portal.
Form M and Form N, Maharashtra RERA Rules, 2017 · in force · source
Quarterly Progress Report (QPR) Form
Every registered promoter must file a Quarterly Progress Report on the RERA portal showing units/garages booked, approvals status, and construction progress, usually backed by the architect/engineer/CA certificates used to justify 70% account withdrawals.
QPR form, State RERA Rules · in force · source
Form 1 / Form 2 / Form 3 — Architect, Engineer and CA Certificates
Before a builder can withdraw money from the 70% escrow account, three professionals must independently certify the withdrawal matches actual construction progress: an architect (Form 1), an engineer (Form 2), and a practising chartered accountant (Form 3).
Form 1 (Architect), Form 2 (Engineer), Form 3 (Chartered Accountant) · in force · source
Newtech Promoters and Developers Pvt Ltd v State of UP (2021)
This is the single most important RERA judgment. The Supreme Court confirmed that RERA applies to projects that were already ongoing when the Act came into force, and that a buyer's right to a full refund with interest under s.18, once the agreed possession date passes, is unconditional — the builder cannot avoid it by arguing the delay had a reasonable excuse.
Civil Appeal No. 6745 of 2021, Supreme Court of India · in force · source
M/s Imperia Structures Ltd v Anil Patni (2020)
The Supreme Court confirmed that RERA does not take away a buyer's right to also go to a consumer forum. Buyers can choose whichever forum — RERA or the Consumer Protection Act commissions — suits them, and can even continue a case already filed in a consumer forum instead of switching to RERA.
Civil Appeal Nos. 3581-3590 of 2020, Supreme Court of India · in force · source
Forum for People's Collective Efforts v State of West Bengal (2021)
The Supreme Court struck down West Bengal's own, weaker real estate law (WB HIRA) as unconstitutional, ruling that a state cannot pass a law that undercuts the buyer protections in the central RERA Act once Parliament has already legislated on the subject.
Civil Appeal No. 5012 of 2021, Supreme Court of India · in force · source
From CAPGAIN's law library (89 records in this area), checked 25 Sept 2026. Records still awaiting confirmation are not shown here.