Advocate, Supreme Court of India · IP Extension, Delhi & Vaishali, Ghaziabad 📞 +91 88518 40550  ·  ✉ advocateajaymishra8@gmail.com
Ajay MishraAdvocate

RERA: Homebuyer Rights Against Builders

Delayed possession, changed plans or poor construction? RERA gives homebuyers strong rights against builders — including refund with interest.

Last reviewed: October 2026 · General information only, not legal advice.

Your Key Rights

  • Delayed possession: If the builder fails to give possession by the agreed date, you can withdraw and get a full refund with interest, or stay in the project and receive interest for every month of delay RERA 18.
  • Advance limit: A builder cannot take more than 10% of the cost as advance before a registered agreement for sale RERA 13.
  • Structural defects: The builder must fix structural defects or poor workmanship reported within 5 years of possession, free of charge RERA 14(3).
  • Plan changes: Sanctioned plans and specifications cannot be changed without the buyer's consent (and two-thirds of allottees for major changes) RERA 14.
  • Carpet area: Sale must be on the basis of carpet area.

How to File a RERA Complaint

  1. Check the project's registration on the state RERA website (for Ghaziabad and Noida: UP RERA; for Delhi: Delhi RERA).
  2. Collect the allotment letter, builder-buyer agreement, payment receipts, demand letters and correspondence.
  3. File the complaint online with the prescribed fee RERA 31, claiming refund or delay interest.
  4. Attend hearings, often held online. Orders can be executed as recovery of arrears of land revenue.
  5. Appeal lies to the Real Estate Appellate Tribunal, and then to the High Court.

Other Options

  • Consumer Commission: Homebuyers can choose the consumer forum instead of RERA (Imperia Structures, 2020). Read our consumer guide →
  • NCLT: Homebuyers are financial creditors; at least 100 allottees or 10% of the project can file an insolvency petition against the builder company. Read our IBC guide →

Frequently Asked Questions

Can I get a refund from the builder for delayed possession?

Yes. Under Section 18 of RERA, if the builder fails to deliver possession on the agreed date, the buyer can withdraw from the project and claim a full refund with interest, or continue and receive interest for every month of delay until possession.

Where do I file a RERA complaint for a project in Ghaziabad or Noida?

Projects in Ghaziabad and Noida fall under the Uttar Pradesh Real Estate Regulatory Authority (UP RERA). Complaints are filed online on the UP RERA portal.

Can I go to the consumer court instead of RERA?

Yes. The Supreme Court held in Imperia Structures v. Anil Patni (2020) that homebuyers can choose to approach the consumer commission instead of RERA.

Need advice on your matter?

Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.

Call 88518 40550 WhatsApp

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