RERA — Homebuyer Protections in Maharashtra
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 Maharashtra differs from central law
MahaRERA (Maharashtra Real Estate Regulatory Authority) is one of India's most active RERA authorities and was among the first to be fully operational after the Real Estate (Regulation and Development) Act, 2016 came into force. As of 2024, MahaRERA has registered over 40,000 projects and resolved thousands of complaints.
Every real estate project in Maharashtra with land over 500 square meters or more than 8 apartments must be registered with MahaRERA before advertising or selling. Builders must deposit 70% of the amount collected from allottees in a designated bank account. MahaRERA's online portal allows homebuyers to check project registration status, builder track records, and file complaints online.
MahaRERA has issued several important orders establishing precedents on delayed possession (with interest compensation), deficiency in services, and builder obligations to hand over common areas to housing societies. Homebuyers can file complaints online, and MahaRERA typically resolves them within 60-90 days.
Additional Steps in Maharashtra
File a complaint on the MahaRERA portal at maharera.maharashtra.gov.in. The complaint fee is Rs. 5,000 for individual homebuyers. MahaRERA has offices in Mumbai (BKC) and Pune. Helpline: 022-26590700. Appeals from MahaRERA orders go to the Maharashtra Real Estate Appellate Tribunal (MREAT).
Relevant Law: Real Estate (Regulation and Development) Act, 2016, Sections 3-18; MahaRERA Rules, 2017
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.
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