Your Legal Rights Under RERA

Buying a home is a dream for most Indians. But for thousands of homebuyers across Delhi NCR, that dream has turned into a prolonged nightmare — as builders delay possession by years, alter project specifications without consent, and refuse to refund money despite being contractually obligated to do so.

If you are one of these homebuyers, it is important to know that the law is firmly on your side.

The RERA Framework

The Real Estate (Regulation and Development) Act, 2016 was enacted specifically to bring accountability to India's real estate sector. Under RERA, every promoter (builder) is required to register their project with the relevant State RERA Authority, maintain a separate escrow account for project funds, and deliver possession by the date committed in the Buyer's Agreement.

Your Key Rights Under RERA

Section 18 of RERA gives you the right to either withdraw from the project entirely and receive a full refund with interest at the prescribed rate, or to continue with the project and receive compensation for every month of delay. You do not have to choose between waiting indefinitely and losing your investment.

Section 19 further guarantees your right to information, to receive possession on the agreed date, and to claim compensation for any structural defects discovered within five years of possession.

What You Should Do

• Preserve all documentation — your Builder Buyer Agreement, payment receipts, correspondence with the builder, and any written communications about possession dates.
• File a complaint before the relevant RERA Authority (UP-RERA for Uttar Pradesh projects). RERA proceedings are designed to be relatively swift compared to civil courts.
• If your builder is undergoing insolvency proceedings before the NCLT, your rights as a homebuyer are protected under the IBC — you are classified as a financial creditor.
• Do not accept verbal assurances from builders. Insist on written communication and take legal action promptly.

RB & Y Associates LLPRegularly advises and represents homebuyers in RERA complaints and NCLT proceedings. Contact us for a consultation and legal assistance.