Homebuyer Protection under RERA

Published On: 11/26/2025
Author: Admin
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Homebuyer Protection under RERA

RERA Rules Every Homebuyer Must Know (2025)

The Real Estate (Regulation and Development) Act, 2016 (RERA) gives you powerful rights against delays, fraud, and unfair practices by builders. Understanding these rules can save you lakhs of rupees and years of stress.

This page explains 18 key RERA rules in simple language along with real-life examples, news links, and what you should note as a buyer.
Quick Safety Checklist
  • Check project on your State RERA website
  • Never pay more than 10% before registered agreement
  • Confirm possession date in writing
  • Save all brochures, emails & WhatsApp chats
  • Ask for OC/CC before taking possession
If anything feels doubtful, pause payment and verify with RERA or a legal advisor.
1. Project Registration is Mandatory
Check RERA number before booking.

Rule / Law: Builder must register the project with the State RERA authority before marketing or selling any unit.

Layman Meaning: If the project has no valid RERA number, do not book. It’s unsafe and illegal to sell.

Example: A new tower is launched, but sales staff say “RERA registration is in process” and still collect booking amounts.

News: Telangana builder fined ₹6 lakh for unregistered project; buyers to get refund.

Times of India

What to Note: Always verify project registration on the official RERA portal before paying any booking amount.
2. Carpet Area Only Pricing
Pay only for usable area.

Rule / Law: Under RERA, the price of a flat must be based on carpet area only.

Layman Meaning: You pay for usable area inside the flat – not lobbies, common areas or wall thickness.

Example: A 2BHK is 650 sq ft carpet but builder charges as 900 sq ft “super built-up”.

News: RERA imposes fine on Vizag builder for offering smaller area.

Times of India

What to Note: Always check carpet area in RERA registration and in your agreement, not just brochure.
3. No False Promises in Marketing
Brochure promises are binding.

Rule / Law: Anything promised in brochures, websites, ads or model flats is legally binding under RERA.

Layman Meaning: If the brochure shows a pool or clubhouse, builder must provide it.

Example: Brochure shows large clubhouse and kids’ play area; final project has neither.

News: MahaRERA slaps penalty on 8 Mumbai builders for violation of rules.

Economic Times

What to Note: Save screenshots, brochures and WhatsApp messages – they become legal evidence.
4. Builder Cannot Take More Than 10% Before Agreement
Section 13 – advance limit.

Rule / Law: Section 13 of RERA – Builder cannot collect more than 10% of flat cost before executing a registered Agreement for Sale.

Layman Meaning: Do not pay big amounts (like 20–30%) before your agreement is registered.

Example: For a ₹1 crore flat, builder takes ₹25 lakh as “token” before agreement.

News: Mumbai couple wins ₹20.65 lakh against builder who forfeited booking amount.

Economic Times

What to Note: Maximum 10% before registered agreement – anything more is a violation.
5. Agreement for Sale Must Be Registered
All terms must be written.

Rule / Law: Terms of sale, price, area, possession date and penalties must be in a registered Agreement for Sale.

Layman Meaning: Verbal promises and simple booking forms are useless in law.

Example: Builder keeps taking instalments but delays registration of agreement.

Reference: Claiming refunds before RERA in absence of formal agreement.

SCC Online

What to Note: Insist on a registered agreement quickly after booking payment.
6. Timely Possession is a Legal Commitment
Delayed handover = violation.

Rule / Law: Possession must be given on or before the date mentioned in RERA and the agreement.

Layman Meaning: If promised date is December 2026, handing over in 2028 is a violation.

Example: Homebuyer keeps paying EMI + rent for 4 extra years.

News: Bengaluru homebuyer wins ₹29 lakh after nearly 4-year delay.

Economic Times

What to Note: Always keep proof of promised possession date and bank statements of EMIs.
7. Builder Pays Interest for Delay
Monthly compensation for delay.

Rule / Law: For delayed possession, builder must pay interest at prescribed RERA rate.

Layman Meaning: You are compensated monthly for every delay.

Example: NCR project delayed by 5 years.

News: Delhi-NCR builder ordered to pay ₹85 lakh for delayed possession.

Economic Times

What to Note: You can either continue in the project and claim interest or seek refund plus interest.
8. 5-Year Defect Liability
Free repair of major defects.

Rule / Law: Builder is liable for structural/quality defects for 5 years from handing over.

Layman Meaning: Leakages, cracks and major defects must be repaired by builder for free.

Example: Ceiling leakage appears after 2 years of possession.

Reference: Refund and rights under RERA – builder goes wrong.

SSRana

What to Note: Report defects in writing quickly and keep photo/video proof.
9. 70% of Buyer Money in Separate Project Account
Stops fund diversion.

Rule / Law: 70% of amounts collected from allottees must be kept in a dedicated bank account for that project only.

Layman Meaning: Builder cannot use your project’s money for another project or land purchase.

Reference: RERA’s role in reducing fraud.

RERA Lawyers

What to Note: This is why RERA usually insists on project-wise bank accounts and CA certifications.
10. Complete Project Info on RERA Website
Verify online, not just in brochure.

Rule / Law: Builders must upload approvals, plans, timelines, and progress updates to RERA portal.

Layman Meaning: You can verify project details online, not just trust sales talk.

News: MahaRERA penalises builders for violating disclosure rules.

Economic Times

What to Note: Before booking, spend 10–15 minutes on RERA portal to cross-check everything.
11. No Unauthorized Changes to Layout / Amenities
Buyer consent needed.

Rule / Law: Major changes in layout or amenities need written consent of at least two-thirds allottees.

Layman Meaning: Builder cannot suddenly remove garden, pool, or change flat layout without majority buyer approval.

Reference: Known RERA violations and their penalties.

Valecs

What to Note: If you see big changes on site, ask for proof of buyer consent and revised approvals.
12. Right to Refund or Interest (Section 18)
Exit option for stuck buyers.

Rule / Law: If builder fails to complete the project or give possession on time, buyer can ask for refund with interest or stay and get interest compensation.

Layman Meaning: You are not stuck; you can legally exit and get money back with interest.

News: Homebuyers to get refund with 11% interest – Telangana RERA order.

Economic Times

What to Note: Refund is a statutory right under RERA when builder fails badly.
13. Delivered Flat Must Match Model Flat & Specs
No shrinking or downgrading.

Rule / Law: Builder must deliver flat as per sanctioned plan and specifications promised.

Layman Meaning: They cannot reduce room sizes, remove a bathroom or heavily downgrade flooring.

Reference: Section 18 of RERA – Buyer rights.

Bajaj Finserv

What to Note: Take photos/videos of model flat and keep brochure safely for comparison at possession.
14. No Random Cost Escalation
Charges must match agreement.

Rule / Law: Price escalations must be as per contract, not arbitrary.

Layman Meaning: Builder cannot suddenly add lakhs as “extra charges”, “view charges” etc. without legal basis in agreement.

Reference: Refund and compensation under RERA.

ShareSamadhan

What to Note: Always compare final demand letter with the original cost sheet and agreement.
15. Parking Transparency – Open vs Covered
Know what you’re paying for.

Rule / Law: Open parking is part of common area; covered/stilt parking must be clearly defined and allotted.

Layman Meaning: Builder cannot sell open ground parking as if it is a separate “flat type” asset.

Reference: RERA’s role in reducing fraud.

RERA Lawyers

What to Note: Get parking type, number and charges clearly written in agreement.
16. Formation of Society / Association
Residents must get control.

Rule / Law: Builder must facilitate formation of co-operative society or association of allottees within a specified time after majority possession.

Layman Meaning: Residents should get ownership and control of building maintenance and decisions.

Reference: Section 18 of RERA – rights of allottees.

Bajaj Finserv

What to Note: Once society is formed, insist on full handing over of documents from builder.
17. Completion/Occupancy Certificate Before Handover
OC is crucial.

Rule / Law: Proper possession ideally requires Completion Certificate (CC) and Occupancy Certificate (OC) from competent authority.

Layman Meaning: Taking possession without OC can cause issues with utilities, legality and resale.

Reference: Refund – an absolute right under RERA when builder goes wrong.

SSRana

What to Note: Ask for copy of OC/CC before final payment and possession.
18. Insurance for Project – Extra Safety
Extra protection for buyers.

Rule / Law: RERA provides for insurance of land title and building structure for added security.

Layman Meaning: Some projects may offer insurance that protects buyers if title or structure has serious issues.

Reference: Refund and Compensation under RERA.

ShareSamadhan

What to Note: Ask builder if such insurance is taken and how buyers are covered under it.

Frequently Asked Questions (FAQ)

What is RERA and why is it important for homebuyers?

RERA (Real Estate Regulation and Development Act, 2016) regulates real estate projects and builders. It makes project registration mandatory, enforces timely possession, standardises carpet area pricing and gives buyers rights to refund, interest and compensation in case of violations.

How do I check if a project is registered under RERA?

Visit your State’s RERA website (like MahaRERA, UP-RERA, Haryana RERA etc.), open the “Registered Projects” section, and search using the project name, builder name or RERA number. Only trust details visible on the official RERA portal, not only the builder brochure.

My builder is asking for more than 10% before agreement. What should I do?

Politely refuse and mention Section 13 of RERA which limits advance to 10% before a registered Agreement for Sale. If builder still insists, treat it as a red flag and reconsider the booking. You can also complain to RERA if money has already been collected in violation of this rule.

Can I file a RERA complaint online?

Yes. Most State RERA portals allow online filing of complaints. You generally need copies of the booking form, agreement, payment receipts, builder communication and any proof of promises (brochures/ads). After filing, you get a reference number to track your case.

RERA vs Consumer Court – which is better for homebuyers?

Both forums are available. RERA is specialised for real estate and is often faster for issues like delay, refund, interest and defects. Consumer Court can be used for additional compensation or where services are clearly deficient. Many buyers choose RERA first, then Consumer Court if needed.

What documents should I keep safely as a homebuyer?

Always keep: booking form, registered Agreement for Sale, payment receipts, bank statements of EMIs, builder brochures, email/WhatsApp communication, possession letter, OC/CC, and society membership documents. These papers are crucial if you ever need to go to RERA or any court.

Homebuyer Protection under RERA – Key Rules & Rights Explained | GoPract

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