RERA & Real Estate — Delhi (DRERA)

RERA (Real Estate Regulation and Development Act 2016) applies to real estate projects where the land area exceeds 500 sq.m OR the number of apartments exceeds 8 — the builder must register the project with DRERA before advertising or selling. In Delhi, DRERA (rera.delhi.gov.in) is the authority. Always verify RERA registration before booking — unregistered project has no RERA protection.

Under RERA Section 18, two options: (1) Full refund of all payments + SBI MCLR+2% interest per annum from the date of each payment; OR (2) Take possession + monthly compensation for every month of delay. Arifur Rahman (2020 SC): both remedies real and enforceable — builder cannot offer only token compensation. File complaint on DRERA portal. Builder cannot unilaterally extend possession date — only force majeure or buyer's written consent is valid.

RERA Section 4(2)(l)(D): builder must deposit 70% of all funds received from buyers into a separate escrow account maintained in a scheduled bank — to be used only for construction of that specific project. Prevents builders from diverting buyer funds to other projects or personal use. Withdrawals from escrow only on proportionate completion (certified by engineer/architect/CA). Pre-RERA, builders could freely divert buyer funds.

Yes — the remedies are concurrent. Imperia Structures (2020 SC) held that RERA does not bar the Consumer Protection Act: Section 18 gives the right “without prejudice to any other remedy available”, so the allottee has a choice and the consumer remedy is additional, not excluded. However, per Ireo Grace (2021 SC), where two concurrent remedies are available the allottee elects one and cannot simultaneously pursue both forums for the same cause of action. IBC (NCLT) is an independent concurrent remedy — home-buyers are financial creditors and may trigger insolvency if the builder defaults. Choose your primary forum strategically based on the relief sought.

Under RERA Section 14(3): 5 years from the date of handing over possession — if any structural defect or defect in workmanship, quality, or services is brought to the promoter's notice within this period, the builder must repair at their own cost within 30 days. If they fail to repair — the buyer is entitled to compensation. All RERA-registered projects are covered. Document all defects with photographs and written complaints to the builder within the 5-year period.

Visit rera.delhi.gov.in — search by project name, promoter name, or RERA registration number. Verify: (a) registration valid and not lapsed; (b) approved completion date; (c) approved plan — match with brochure; (d) land documents and encumbrances; (e) quarterly construction update reports filed by builder. Never book an unregistered project — no RERA protection available. Also verify the agent's RERA registration on the same portal.

No — RERA does not permit unilateral extension. Extension only valid in: (1) genuine force majeure (act of God, war, natural calamity — strictly construed); OR (2) buyer's written consent. Builder's extension notices sent to buyers are not legally binding without consent. If builder fails to give possession by agreed date — buyer's RERA Section 18 remedy immediately applies. Do not sign any extension consent letter without consulting an advocate.

Pioneer Urban Land (2019 SC): homebuyers are financial creditors under IBC. You can file insolvency before NCLT if claim exceeds ₹1 crore. Class action: 10% of allottees or 100 allottees (whichever lower) can file jointly — even if individual amounts are below ₹1 crore. NCLT appoints Resolution Professional — resolution plan must address homebuyer claims. Refund claims treated as financial debt — priority over operational creditors. IBC is concurrent with RERA — both can be pursued.

Under RERA Section 13 — maximum 10% of the cost of the apartment/plot. Any amount above 10% taken without a registered Agreement for Sale: buyer entitled to full refund. The Agreement must specifically state: carpet area (not super built-up), possession date, payment schedule, penalty for default. Never pay more than 10% before a registered Agreement is executed and you receive a copy.

RERA Section 2(k): carpet area = net usable floor area excluding external walls, service shafts, open terraces — but includes internal partition walls. Builders must price and sell on carpet area basis (not super built-up area). This prevents inflating the stated area. If less carpet area is delivered than agreed — buyer is entitled to proportionate refund/compensation. Always ask for carpet area specification in the Agreement for Sale.