RERA — the Real Estate (Regulation and Development) Act, 2016 — is an Indian law that protects home buyers by requiring builders to register their projects, disclose all details upfront, and deliver flats on time or face penalties. Under RERA, every residential project with more than 8 units or land area exceeding 500 square metres must be registered with the state RERA authority before the builder can advertise or sell a single unit (Section 3). If you are buying a flat, plot, or apartment from a builder in India, RERA is the most important law working in your favour.
Why this matters
Before RERA came into effect in 2017, India's real estate sector was largely unregulated. Builders would collect money from buyers, delay projects by years, change building plans without permission, and sell the same flat to multiple buyers. Home buyers had almost no quick legal remedy — filing a case in civil court could take 10-15 years. RERA changed this fundamentally. It created dedicated regulatory authorities in every state with the power to hear complaints, impose penalties, and even order refunds. Since its implementation, state RERA authorities have resolved hundreds of thousands of complaints across India.
Your rights under RERA
1. Right to full information before purchase
The builder must upload detailed project information on the state RERA website, including: the approved building plan, layout plan, project timeline, the names and details of the real estate agents, the number of units approved, the type of materials to be used, and past project completion records (Section 4). You can verify all of this before making any payment.
In practice: Before buying any under-construction property, go to your state's RERA portal and search for the project by its RERA registration number. If the project is not registered, do not buy it. Key state portals include MahaRERA (maharera.maharashtra.gov.in), UP RERA (up-rera.in), Karnataka RERA (rera.karnataka.gov.in), and Tamil Nadu RERA (tnrera.in).
2. Right to delivery on time
The builder must complete the project and hand over possession by the date specified in the agreement for sale. If the builder fails to deliver on time, you have two options under Section 18: demand a full refund with interest, or agree to wait and receive interest on your money for the period of delay.
In practice: The interest rate is usually pegged to the State Bank of India's highest marginal cost of lending rate (MCLR) plus a margin of 2%. This is the same rate the builder would charge you for a late payment — RERA ensures parity.
3. Right to carpet area transparency
RERA introduced a standardised definition of "carpet area" — the net usable floor area of your flat, excluding the thickness of walls, common areas, balconies, and verandahs (Section 2(k)). Builders must sell on the basis of carpet area, not "super built-up area" which was often inflated by 30-40%.
In practice: Your agreement for sale must specify the carpet area. If the builder delivers a flat with carpet area less than what was agreed, you are entitled to a proportionate refund or can reject the flat entirely.
4. Right against defective construction
If you discover any structural defect or poor quality workmanship within 5 years of taking possession, the builder is legally obligated to fix it at no cost within 30 days of your complaint (Section 14(3)). This covers waterproofing failures, plumbing issues, electrical faults, and structural cracks.
In practice: Document the defect with photographs and videos, send a written complaint to the builder (email with delivery receipt is sufficient), and if the builder does not respond within 30 days, file a complaint with the state RERA authority.
5. Right to a refund if the project is cancelled or altered
If the builder makes any major change to the sanctioned plan, layout, or specifications without the written consent of at least two-thirds of the allottees, you can demand a withdrawal from the project with a full refund and interest (Section 14).
In practice: "Major changes" include altering the number of floors, changing the location of amenities like parking or gardens, or reducing the flat size. Minor cosmetic changes are usually acceptable but must be disclosed.
6. Right to file a complaint — fast resolution
Any aggrieved allottee (buyer) can file a complaint with the RERA authority against a registered promoter (builder) or real estate agent (Section 31). The authority must dispose of the complaint within 60 days. If unsatisfied, you can appeal to the RERA Appellate Tribunal within 60 days of the order (Section 44).
In practice: Most state RERA authorities accept online complaints. MahaRERA has a particularly efficient online system. Filing fees are typically Rs 1,000-5,000 depending on the state. You do not need a lawyer to file, though having one helps for complex cases.
What if things go wrong
If the builder is not RERA-registered
Under Section 59, a builder who sells in an unregistered project faces imprisonment of up to 3 years, a fine of up to 10% of the project cost, or both. Report the builder to your state RERA authority. You can also file a complaint in the consumer forum.
If the builder ignores your RERA complaint
If the builder does not comply with the RERA authority's order, the authority can impose a penalty under Section 63 (up to 5% of the estimated cost of the project). The order can also be executed as a decree of a civil court — meaning recovery officers can attach the builder's bank accounts and assets.
If your state RERA is not responsive
Some states have been slower to implement RERA effectively. If your state RERA authority is not responding to complaints, you can simultaneously file a complaint under the Consumer Protection Act, 2019 with the District Consumer Disputes Redressal Forum. The Supreme Court has clarified that RERA remedies and consumer forum remedies can be pursued concurrently.
Documents and resources you need
- State RERA portals: maharera.maharashtra.gov.in (Maharashtra), up-rera.in (Uttar Pradesh), rera.karnataka.gov.in (Karnataka), haryanarera.gov.in (Haryana), tnrera.in (Tamil Nadu)
- Central RERA portal: rera.gov.in (links to all state portals)
- Complaint format: Available on each state RERA portal under "File Complaint" or "Complainant" section
- Filing fee: Rs 1,000-5,000 depending on the state
- Consumer forum alternative: consumerhelpline.gov.in or call 1800-11-4000
Common myths
Myth: RERA only applies to new projects launched after 2017. Reality: RERA applies to all projects that were ongoing (not completed) as of May 1, 2017. If a builder had not obtained a completion certificate by that date, the project needed to be registered under RERA.
Myth: RERA covers all types of property. Reality: RERA covers residential and commercial projects with more than 8 units or land exceeding 500 square metres. Individual plots sold without any development, renovation of existing buildings, and projects where the building permit was obtained before RERA are generally excluded (Section 3).
Myth: You need a lawyer to file a RERA complaint. Reality: RERA was designed to be accessible. You can file a complaint online yourself with basic details of the project, the agreement, and the violation. However, for complex cases involving multiple buyers or large refund claims, a lawyer specialising in real estate law is advisable.
Myth: RERA complaints take as long as court cases. Reality: The RERA authority is required to dispose of complaints within 60 days (Section 29). While some states take longer in practice, RERA is significantly faster than civil courts (which can take years) or consumer forums (which may take 6-18 months).
The law behind this
| Protection | RERA Section | What It Means |
|---|---|---|
| Mandatory project registration | Section 3 | Builder cannot sell unregistered projects |
| Full disclosure | Section 4 | All project details must be publicly available |
| Builder obligations | Section 11 | Timely completion, quality, title warranty |
| Buyer obligations | Section 19 | Timely payments, participation in maintenance |
| Refund on delay | Section 18 | Full refund with interest if builder delays |
| Defect liability for 5 years | Section 14(3) | Builder must fix defects for 5 years after possession |
| Complaint mechanism | Section 31 | Any buyer can file a complaint with RERA authority |
| Penalty for non-registration | Section 59 | Up to 3 years jail and 10% fine |
| Appeal | Section 44 | Appeal to RERA Appellate Tribunal within 60 days |
Frequently asked questions
How do I check if a project is RERA registered? Visit your state's RERA website and search by project name, builder name, or RERA registration number. Every registered project has a unique RERA ID that the builder must mention in all advertisements and agreements.
Can I get a refund if the builder delays possession? Yes. Under Section 18 of RERA, if the builder fails to deliver possession by the agreed date, you can either withdraw from the project and get a full refund with interest, or continue with the project and receive interest on your payments for the delay period.
Does RERA apply to resale properties? RERA primarily regulates the relationship between builders (promoters) and first-time allottees. Resale transactions between individual buyers and sellers are generally not covered by RERA. However, if a resale happens before the builder has delivered the project, both the original allottee and the new buyer may have RERA rights against the builder.
What happens if I file a complaint but the builder appeals? The builder can appeal the RERA authority's order to the RERA Appellate Tribunal within 60 days. However, the Appellate Tribunal typically requires the builder to deposit a significant portion (30-100%) of the penalty or refund amount before hearing the appeal (Section 43(5)), which protects the buyer's interests even during appeal.
Can a group of buyers file a joint RERA complaint? Yes. Multiple allottees of the same project can file a joint complaint. In fact, state RERA authorities often encourage collective complaints as they allow a comprehensive resolution for all affected buyers in a single proceeding.