RERA — Homebuyer Protections
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
RERA, 2016 created a regulatory framework to protect homebuyers from delayed possession, misrepresentation, and fraud by developers.
- Mandatory registration: Every real estate project with a plot area over 500 sq m or more than 8 apartments must be registered with the State RERA Authority before advertising or selling.
- Right to information: Buyers have the right to access all project details — approved plans, layout, specifications, completion date, and sanctioned permits — on the RERA website (s. 11).
- Escrow account: Developers must deposit 70% of the amount collected from buyers into a separate escrow account, used only for construction costs — this prevents funds from being diverted to other projects (s. 4(2)(l)).
- Compensation for delay: If the developer fails to hand over possession by the agreed date, the buyer is entitled to a full refund with interest (at SBI MCLR + 2%) or continued interest until possession is given (s. 18).
- Structural defect liability: The developer is liable for any structural defect reported within 5 years of possession — they must repair or pay compensation within 30 days (s. 14(3)).
- No forced alterations: The developer cannot make any material alteration to sanctioned plans without each buyer's written consent (s. 14(2)).
When does it apply?
- You have booked an apartment or plot in a RERA-registered project and the developer has delayed possession.
- The developer is making changes to the building plan without your consent.
- You discover structural defects within 5 years of taking possession.
- The developer's project is unregistered and you have been misled.
What should you do?
- Verify RERA registration before booking — search the project on your state's RERA portal (e.g., maharera.mahaonline.gov.in for Maharashtra; hrera.org.in for Haryana).
- For delayed possession, send a written notice to the developer first, then file a complaint on the State RERA portal — complaints are adjudicated by the RERA Adjudicating Officer.
- Appeals against RERA orders go to the Real Estate Appellate Tribunal (REAT) and thereafter to the High Court.
- The RERA Authority can also order developers to de-register their agent and revoke project registration for serious non-compliance.
What should you NOT do?
- Do not pay more than 10% of the agreement value as advance before a registered sale agreement is executed (s. 13) — unregistered projects cannot lawfully collect this.
- Do not sign a sale agreement without checking that all RERA-specified disclosures are included.
- Do not allow the developer to impose unilateral changes to the agreement by claiming it is "standard practice" — any amendment requires your written consent.
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