RERA for Home Buyers – Rights, Remedies, and Complaint Filing

Q: What interest can a homebuyer claim if the developer delays possession?

Section 18 entitles the buyer to interest at SBI MCLR plus 2% per annum on all amounts paid to the promoter, calculated from the agreed possession date to actual possession or refund.

Q: What is the defect liability period under RERA?

Five years from possession date under Section 14(3). Structural or quality defects reported within this period must be rectified by the promoter within 30 days at no cost to the buyer.

Q: How do I file a RERA complaint against a developer?

File a complaint under Section 31 on the state RERA portal against any promoter, allottee, or agent for RERA or Agreement to Sale violations. The authority can order possession, refunds, interest, and penalties.

Q: Can a buyer cancel the Agreement to Sale and demand a refund?

Under Section 18, buyers withdrawing due to possession delay are entitled to a full refund with MCLR plus 2% interest within 45 days. Buyer-initiated cancellations are governed by the Agreement to Sale terms.

Q: What can a buyer do if the developer has changed the building layout?

Under Section 14, significant plan alterations require prior written consent of two-thirds of allottees. Unauthorised changes can be challenged before the state RERA Authority.

Understanding Your Rights as an Allottee Under the RERA Act 2016 — Possession Delays, Defect Claims, and Complaint Procedures

The Real Estate (Regulation and Development) Act, 2016 created a comprehensive framework of rights for homebuyers — termed 'allottees' under the Act — addressing the historically significant imbalance between property developers and individual buyers. Key buyer protections include: statutory interest at SBI MCLR plus 2% on delayed possession under Section 18; a five-year defect liability period under Section 14(3) during which the promoter must rectify structural defects at no cost to the buyer; the right to full project information under Section 19; and the right to file complaints before the state RERA Authority under Section 31 for any violation of the Act or Agreement to Sale.

Our buyer advisory and complaint filing services assist homebuyers in understanding their RERA rights, reviewing their Agreement to Sale, calculating and claiming possession delay interest, filing complaints before the state RERA Authority, and pursuing remedies before the RERA Appellate Tribunal. For buyers affected by a project transfer or takeover, we advise on consent rights and successor promoter obligations under Section 15.

Our RERA Services for Home Buyers

Buyer Rights Advisory

Plain-language advisory on your rights as a homebuyer under the RERA Act — covering possession timelines, escrow protection, disclosure rights, defect liability, and complaint remedies under the Act.

RERA Complaint Filing

Preparation and filing of RERA complaints before the state Real Estate Regulatory Authority under Section 31 — for possession delays, mis-selling, layout deviations, and other Agreement to Sale violations.

Possession Delay Interest Claims

Calculation and claim management for statutory interest under Section 18 of the RERA Act at SBI MCLR plus 2% per annum on amounts paid to the promoter during the period of possession delay.

Agreement to Sale Review

Legal review of your proforma Agreement to Sale for RERA compliance — identification of unfair clauses, deviation from RERA model agreement requirements, and carpet area disclosure accuracy.

Defect Liability Claims

Advisory and complaint support for structural defects reported within the five-year defect liability period under Section 14(3) — requiring the promoter to rectify defects within 30 days of notice.

Refund and Cancellation Advisory

Advisory on refund rights where the promoter fails to deliver possession — including full refund with interest under Section 18, partial refund on cancellation, and escrow disbursement rights.

Key Rights of Homebuyers Under RERA

Right to receive possession on the date agreed in the Agreement to Sale — and statutory interest at MCLR plus 2% for every month of delay under Section 18
Right to a full refund with interest if the promoter fails to complete the project or deliver possession as agreed
Five-year defect liability — promoters must repair structural defects reported within five years of possession at no cost to the buyer under Section 14(3)
Right to obtain all project information from the RERA portal — layout plan, approvals, registered agent details, complaint history, and quarterly updates
Right to file a complaint before the state RERA Authority — which can impose orders for possession, refunds, interest, and compensation
Right to form or join an Association of Allottees — which has collective legal standing to represent buyers before the RERA Authority and receive common amenities

Frequently Asked Questions

What interest can a homebuyer claim if the developer delays possession?

Under Section 18 of the RERA Act, if a promoter fails to hand over possession by the date specified in the Agreement to Sale, the allottee is entitled to claim interest at the rate of the State Bank of India's Marginal Cost of Lending Rate (SBI MCLR) plus 2% per annum on all amounts paid to the promoter, calculated from the agreed possession date to the actual date of possession or refund. This interest is a statutory right — it cannot be contractually waived.

What is the defect liability period under RERA?

Section 14(3) of the RERA Act imposes a five-year defect liability on the promoter from the date of delivery of possession to the allottee. During this period, if any structural defect or defect in workmanship, quality, provision of services, or any other obligation is brought to the notice of the promoter, the promoter is required to rectify the defect within 30 days of notice — at no cost to the allottee.

How do I file a RERA complaint against a developer?

A homebuyer can file a complaint under Section 31 of the RERA Act before the state Real Estate Regulatory Authority against any promoter, allottee, or agent for violations of the Act, rules, regulations, or Agreement to Sale. The complaint is filed online on the state RERA portal with supporting documents. The RERA Authority has the power to order possession, refunds, payment of interest, compensation, and penalties.

Can a buyer cancel the Agreement to Sale and demand a refund?

Under Section 18, a buyer who does not wish to continue with the project due to possession delay is entitled to withdraw and receive a full refund of all amounts paid, along with interest at MCLR plus 2% per annum, within 45 days of the promoter receiving the termination notice. For cancellations initiated by the buyer (not due to delay), the refund terms are governed by the Agreement to Sale — our team reviews the contractual entitlements before recommending a course of action.

What can a buyer do if the developer has changed the building layout after RERA registration?

Under Section 14 of the RERA Act, a promoter cannot make significant alterations or additions to the sanctioned plans and project specifications without the prior written consent of at least two-thirds of the allottees who have booked apartments in the affected building or wing. Unauthorised structural changes can be challenged by buyers before the state RERA Authority, which can order restoration and impose penalties.

Know Your RERA Rights and Act on Them

Expert homebuyer advisory, complaint filing, and interest claim support under RERA.