Real Estate (Regulation and Development) Act, 2016

The RERA rights every buyer should know

The Act gives buyers real leverage, but only if you know what each section actually says. Here are the ones buyers rely on most, explained carefully — with the conditions that are easy to miss. This is general information, not legal advice.

Last updated 14 October 2026 State rules add detail — check yours

First: does RERA apply to your unit?

RERA covers residential and commercial “real estate projects”. Under section 3, a project generally must be registered before it is advertised or sold, unless it is small (land up to 500 sq m, or up to eight apartments across all phases — states may set lower limits) or a completion certificate was received before the Act came into force. Projects that were still ongoing when the Act commenced, without a completion certificate, generally had to register too (see Newtech Promoters v. State of UP, Supreme Court, 2021). Search your state RERA portal for the project and your phase.

Section 2(k)

Carpet area

Carpet area is defined as the net usable floor area of an apartment — excluding external walls, service shafts, exclusive balconies and terraces, but including internal partition walls. Your agreement for sale should state it.

Ask for carpet area in writing, separately from any “super area”.
Sections 9 & 10

Agents must be registered

A real estate agent must register with RERA before helping sell a registered project, and must not make false statements about it.

Check the agent’s RERA number on the state portal.
Section 11

Promoter’s duties

The promoter must disclose sanctioned plans, layout plans and the stage-wise schedule, and remains responsible for its obligations under the Act and the agreement until conveyance.

Request the sanctioned plan for your phase.
Section 12

False advertisements

If you made a payment relying on incorrect information in an advertisement or prospectus and suffered a loss, you can claim compensation — or withdraw and seek a refund with interest and compensation.

Keep brochures, ads and screenshots with dates.
Section 13

10% advance cap

A promoter cannot take more than 10% of the cost as an advance or application fee without first entering into a written agreement for sale and registering it.

Check what you paid before registration.
Section 14

Changes to plans and your unit

Once plans are disclosed, the promoter needs your prior written consent to alter the plans or specifications of the unit you agreed to buy (minor structural or architectural changes excepted, with notice), and the consent of at least two-thirds of allottees for other changes to the building’s sanctioned plans.

Being moved to a different unit is also a question of your agreement.
Section 17

Conveyance deed

The promoter must execute a registered conveyance deed in your favour within the period set by local law — or, if there is none, within three months of the Occupancy Certificate.

Check your state’s rule on the time limit.
Section 18

Delay: refund or interest

If the promoter fails to complete or give possession as agreed (or stops business because its registration is suspended or revoked), you can withdraw and claim a refund with interest and compensation, or stay on and receive interest for each month of delay.

The interest rate is set by your state’s RERA rules.
Section 19

Your rights and duties

You can obtain the sanctioned plans and stage-wise schedule, and documents on possession. You must also pay on time under the agreement and take possession within two months of the Occupancy Certificate.

Your own duties matter in any dispute.
Sections 31 & 71

Complaints and compensation

Any aggrieved person can complain to the RERA authority. Compensation claims under sections 12, 14, 18 and 19 are decided by the adjudicating officer.

File on your state RERA portal.
Section 43(5)

Appeals

An order can be appealed to the Real Estate Appellate Tribunal. A promoter who appeals must first deposit at least 30% of the penalty, or the full amount payable to the allottee including interest and compensation. An allottee does not have to make this deposit.

Time limits for appeals apply.
Section 88 & consumer law

RERA is not the only route

The Supreme Court has held that a buyer may approach a consumer commission even where RERA applies (Imperia Structures v. Anil Patni, 2020). Which forum suits you depends on your facts.

Consumer complaints are filed on e-Jagriti.

Assured returns and the BUDS Act, 2019

Where money is collected with a promise of fixed returns rather than as genuine payment for a property, the Banning of Unregulated Deposit Schemes Act, 2019 may be relevant. But the Act’s definition of “deposit” excludes several kinds of payment — including an advance received for an immovable property under an agreement, where the advance is adjusted against that property. At least one RERA authority has treated assured-return payments as outside the BUDS Act on this reasoning.

So whether the BUDS Act applies depends on the exact terms of your agreement. How any returns already paid are treated in a refund also depends on the agreement and the forum. Take advice on your own documents.

Mapping problems to the law

Common buyer problems and where they may fit

Pointers only — not a claim about any project. A lawyer can tell you which route suits your facts.

Buyer problems and the provisions that may be relevant
ProblemProvisions that may be relevantWhat to gather first
Possession offered without an OC, or a partial OCRERA s.11, s.17, s.19(10); consumer law (see Parsvnath, 2026)OC/CC copy and scope, possession letter, agreement
Unit, floor or plan changed without consentRERA s.14; your agreementAllotment letter, agreement, sanctioned and revised plans
Assured return stoppedRERA s.12 (if advertised); the agreement; possibly BUDS Act depending on termsReturn clause, bank credits, TDS records, lease
Broker routing or unregistered agentRERA s.9, s.10Agent’s RERA number, payment proofs, receipts
Large payment before a registered agreementRERA s.13Payment schedule, receipts, registration date
Possession delayed, refund refusedRERA s.18, s.19(4); consumer lawAgreement possession date, demand letters, payments

Swipe the table sideways to see every column.

General information only. This page summarises the Act and selected decisions; it is not legal advice and may not reflect your state’s rules or the latest decisions. Speak to a qualified real-estate lawyer with your documents before filing or settling anything.

Rights work best with evidence

Before you file anything, build a clean, dated evidence file.