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Property Buyer Rights Under RERA

Detailed legal guide with specific laws and practical advice for India

9 Rights Covered

Right to RERA registration verification before booking
All projects above 500 sq.m or 8 units MUST be RERA registered before marketing. Verify project registration at your state RERA portal BEFORE paying any booking amount. Never pay without RERA number.
Right to sale on carpet area basis only
Under RERA 2016, builders can sell only on carpet area (actual usable floor area), not super built-up or built-up area. Discrepancy of over 3% in carpet area entitles you to proportionate refund.
Right to possession by agreed date or interest for delay
Builder must deliver possession by date in the registered agreement. Delay entitles you to interest at SBI MCLR+2% per month for each month of delay, OR full refund with interest.
Right to full refund if builder defaults
If builder defaults, project is abandoned, or agreement is terminated due to builder's fault: full refund with interest at SBI MCLR+2% within 45 days of RERA order. RERA Sec.18.
Right to 5-year structural defect liability
Builder is liable to rectify structural defects in construction reported within 5 years of possession, free of cost, within 30 days of notification. RERA Section 14(3). Applies to all construction defects.
Right to all promised amenities and specifications
Builder must deliver all amenities mentioned in brochure, advertisement, and agreement. Any shortfall is a RERA violation. Compensation can be sought from the RERA authority.
Right to all property documents on possession
On possession, insist on: Occupancy Certificate, Completion Certificate, Building Plan, Title Deed, Society formation documents, and NOCs from all authorities. Do not accept possession without OC.
Right to form housing society
Builder must facilitate formation of housing society/RWA/condominium association within specified time after majority of units are sold. Transfer of land and common areas to society is mandatory.
Right to file RERA complaint at low cost
File complaint at state RERA authority: fee is Rs.1,000-5,000 depending on state. No lawyer mandatory. RERA adjudicating officer passes compensation orders. Execution like a court decree.

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Disclaimer: This guide is for general legal information only and does not constitute legal advice. Laws may vary by state and change over time. Consult a qualified advocate for your specific situation. simplifylaw.in is not responsible for actions taken based on this information.