RERA — Homebuyer Protections in Kerala
Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If Your Builder in India Delays Possession or Breaches RERA
- 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.
How Kerala differs from central law
Kerala RERA (Kerala Real Estate Regulatory Authority) was established under the Real Estate (Regulation and Development) Act, 2016 and has been operational since 2020. K-RERA is headquartered in Thiruvananthapuram and registers real estate projects across the state.
Every real estate project in Kerala with land over 500 square meters or more than 8 apartments must be registered with K-RERA before advertising or selling. Builders must deposit 70% of the amount collected from allottees in a designated bank account. K-RERA's online portal allows homebuyers to check project registration status and file complaints online. Given Kerala's high urbanization and the large number of NRI-funded housing projects, K-RERA is particularly important for protecting absentee homebuyers from builder fraud and delays.
K-RERA has issued orders directing builders to pay interest compensation for delayed possession and to comply with the specifications promised in sale agreements. Homebuyers can file complaints online, and K-RERA aims to resolve them within 60 days.
Additional Steps in Kerala
File a complaint on the K-RERA portal at rera.kerala.gov.in. The complaint fee is Rs. 1,000 for individual homebuyers (Rs. 5,000 for associations). K-RERA office: Thiruvananthapuram. Phone: 0471-2579700. Appeals from K-RERA orders go to the Kerala Real Estate Appellate Tribunal.
Relevant Law: Real Estate (Regulation and Development) Act, 2016, Sections 3-18; Kerala Real Estate (Regulation and Development) Rules, 2018
Common Questions
When does rera — homebuyer protections 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 I do if my builder in India is delaying possession of my flat?
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 mistakes should I avoid with rera — homebuyer protections?
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.
RERA — Homebuyer Protections in other states
Same topic, different jurisdiction. Pick the one that applies to you.