For delay in possession, construction defects, or refund from builder. Precursor to RERA complaint filing.
State RERA Authority where project is located.
No specific limitation period in RERA — file as soon as possible after cause of action.
This coverage is provided by a practicing advocate. Specific sections cited depend on the facts you provide during drafting.
A RERA/builder delay legal notice is sent to a real estate developer who has failed to hand over possession of a residential or commercial unit within the agreed time under the sale agreement. The Real Estate (Regulation and Development) Act, 2016 (RERA) mandates that builders register projects and deliver possession on time or pay interest for delay. This notice formally demands possession or refund with interest before a complaint is filed with the RERA Authority.
Send this notice when your builder has delayed possession beyond the contractual date without valid force majeure justification, when construction has stalled, when the builder is trying to vary material terms of the agreement unilaterally, when the builder has not obtained Occupancy Certificate (OC), or when you are being pressured to accept possession of an incomplete unit.
The Real Estate (Regulation and Development) Act, 2016 (RERA) is the primary law. Section 18 entitles the allottee to either withdraw from the project (and receive full refund with interest at the prescribed rate — currently SBI PLR + 2%) or continue and receive interest for the period of delay. Section 31 provides the right to file a complaint with the Real Estate Regulatory Authority. State RERA rules supplement the central Act. Consumer courts also have concurrent jurisdiction for builder disputes.
If ignored, you can file a complaint under Section 31 of RERA before the Real Estate Regulatory Authority of your state. The Authority can direct the promoter to refund the amount with interest, pay compensation, and in serious cases, revoke the project's registration. Separately, you can file a consumer complaint before the National Commission or approach the High Court.
Under RERA, the prescribed interest rate for delayed possession is typically the SBI Marginal Cost of Funds-based Lending Rate (MCLR) plus 2%, compounded monthly. This rate is notified by the respective state RERA authority and may vary slightly by state.
Yes. Under Section 18 of RERA, if the promoter fails to deliver possession on the agreed date, the allottee can withdraw from the project and demand full refund of all amounts paid with interest. The promoter must refund within 45 days of the allottee's withdrawal.
An Occupancy Certificate (OC) is issued by the local municipal authority confirming that the building has been constructed as per the approved plan and is fit for occupation. Taking possession without an OC is illegal in most states and can create legal complications for the buyer.
Filing fees for RERA complaints vary by state and are generally nominal (ranging from ₹1,000 to ₹5,000). Some states offer online filing through their RERA portals. Most RERA proceedings do not require a lawyer, though legal assistance is advisable.
Yes. Apart from interest for delay under RERA, you can file a consumer complaint before the Consumer Commission and claim compensation for mental agony, harassment, and litigation costs — in addition to refund/interest.
RERA prohibits arbitrary cancellation of bookings by promoters. If the promoter cancels the allotment in retaliation, you can immediately file a complaint with the RERA Authority seeking restoration and compensation. Document all communication carefully.
Yes. RERA applies to both residential and commercial real estate projects of a certain size (typically above 500 square metres or 8 units). Commercial buyers have the same rights as residential buyers under RERA.
RERA mandates that the Authority dispose of complaints within 60 days. In practice, proceedings can take 3–12 months depending on the complexity of the dispute and the state's RERA backlog. However, interim orders (like stays on cancellation) can be obtained faster.
Please confirm all of the following before proceeding with your Builder / RERA notice:
Please confirm all eligibility conditions above to proceed. If you are unsure about any point, you may not be eligible for this type of notice.