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RERA was introduced to streamline the unorganized real estate sector. The Act aims to bring fair practices and to protect the interests of home buyers.


RERA or the Real Estate

Regulatory Authority Act was introduced to streamline the real estate sector that is plagued with many issues like construction delays, illegal possessions, title defects, etc.


RERA aims to bring in fair practices to the sector, thereby protecting the interests of aggrieved homebuyers. Homebuyers can take legal actions against errant builders by filing RERA complaint.


Watch our Legal Expert (Property), Ms Dhamini, explaining about RERA and its benefits.

Get in touch with Vakilsearch to file your RERA complaint online. https://vakilsearch.com/rera-complaint

What is RERA (Real Estate Regulatory Authority)?

The Real Estate Regulatory Authority came into force after the enactment of the delisted regulation and Development Act of 2016. Now in India most of the states have their own real estate regulatory authority in place. This act aimed to streamline the real estate sector. It was considered so unorganized as there were a lot of builder-buyer problems. The builders suffered a lot of harassment from buyers in terms of not delivering the possession on time and not delivering the quality as promised. The builders were also subjected to a lot of harassment because there was no set process and the promised amount was not given on time to the builders as well, by the buyers.

What are the various grounds of complaints by the buyers?

1. A delay in possession-handover: So when there is a timeline that is promised in the sale agreement, say for example three or five years, the same should be strictly followed by builders. So when there is any delay in handing over the possession by the builder to the buyer, then, in that case, a complaint can be filed before the RERA.

2. A structural defect in the property: So if a builder has promised to use a particular tile in the house and it has not been used or a very low-quality tile has been used in the house. A complaint can be filed before the authorities, and complaints of such nature, the authority will take action against the builder.

3. Defect in title or ownership: If there is any defect in the title or ownership of the land, of the property, then you can approach the RERA

4. Improper maintenance: If there is promised maintenance to a particular property (say three years or five years from the date of handing over the possession) the builder is legally bound to maintain the property for the said period. If there is improper maintenance of the property or no maintenance of the property by the builder then, in that case, you can approach RERA.

5. No Occupancy Certificate: If the occupancy certificate is not handed over to the buyer, then the buyer can initiate a complaint before the RERA.

So these are the grounds under which certain remedies are available under the Act. The remedy mostly includes a refund of the entire sale consideration or the amount that has been paid by the buyer to the builder as an advance, with penalty interest on them. In other cases, immediate hand over of possession is also given to the buyer. So in India, 20, 125 complaints of fraud have been resolved by the Real Estate Regulatory Authority, while lakhs of complaints remain pending.