RERA Authority and Appellate Tribunal — Real Estate Disputes Guide 2026

What Is RERA?

The Real Estate (Regulation and Development) Act, 2016 (RERA) is a landmark legislation enacted to protect the interests of homebuyers and allottees in real estate transactions and to establish transparency, accountability, and efficiency in the real estate sector. RERA mandates that every real estate project (with certain exceptions) must be registered with the state RERA Authority before advertisement or sale. It establishes a three-tier mechanism: (a) RERA Authority (regulatory body), (b) Adjudicating Officer (for compensation claims), and (c) RERA Appellate Tribunal (for appeals). RERA is applicable across India — each state and Union Territory has its own RERA Authority and rules.

Key Protections for Homebuyers Under RERA

Section 4 — Project Registration: Every promoter must register the real estate project with the RERA Authority before advertising, marketing, booking, selling, or offering for sale any plot, apartment, or building. Registration requires disclosure of: project details, land title, layout plan, approvals obtained, timeline for completion, and details of the promoter.

Section 12 — Obligations of Promoter: The promoter must: (a) sell only registered projects, (b) not make any false or misleading advertisement, (c) disclose all relevant information to allottees, (d) adhere to the sanctioned plans and specifications, (e) not change plans without 2/3 consent of allottees, (f) deposit 70% of amounts received from allottees in a designated escrow bank account (to be used only for construction costs), (g) obtain completion/occupation certificate and hand over possession within the committed timeline.

Section 14 — Adherence to Declared Plans: The promoter cannot change the layout plan, structural design, or specifications without the written consent of 2/3 of the allottees. Minor changes (not exceeding the sanctioned plan limits) may be permitted by the RERA Authority.

Section 14(3) — Structural Defect Warranty: If any structural defect or quality issue is brought to the promoter's attention within 5 years from the date of handing over possession: the promoter must rectify the defect without further charge within 30 days. This 5-year structural warranty is a powerful protection for homebuyers.

Section 18 — Delay in Possession: If the promoter fails to deliver possession by the committed date: the allottee has the option to: (a) withdraw from the project — the promoter must return the entire amount with interest (at SBI MCLR + 2% or as prescribed by the state), OR (b) continue with the project — the promoter must pay interest for every month of delay until actual possession. This provision has been extensively used by homebuyers to claim compensation for delayed projects.

Filing a Complaint Before RERA Authority

Who can complain: Any aggrieved person — allottee (homebuyer), promoter (builder), or real estate agent — can file a complaint before the RERA Authority or the Adjudicating Officer.

Grounds for complaint: (a) delay in possession beyond committed date, (b) structural defects within 5 years of possession, (c) deviation from sanctioned plans, (d) misleading advertisements, (e) failure to register the project, (f) non-deposit of 70% in escrow account, (g) non-provision of promised amenities, (h) charging interest on delayed payments beyond reasonable rates, (i) failure to execute agreement for sale within prescribed period.

Filing process: Most state RERA authorities have online portals for complaint filing. The complainant must: (a) register on the state RERA portal, (b) fill the complaint form with details of the project, agreement, and grievance, (c) upload supporting documents (agreement for sale, receipts, correspondence, photographs), (d) pay the prescribed fee (typically Rs. 1,000-5,000 depending on the state), (e) submit. The authority issues notice to the promoter and conducts hearings.

Penalties Under RERA

Section 59 — Non-registration of project: Imprisonment up to 3 years + fine up to 10% of estimated project cost. For continuing violation: additional fine up to 10% of project cost.

Section 60 — False information: Imprisonment up to 1 year + fine up to 5% of estimated project cost.

Section 61 — Non-compliance with RERA Authority orders: Imprisonment up to 3 years + fine up to 10% of project cost or 3 years' imprisonment (for promoter). For real estate agents: up to 1 year + fine up to 10% of project cost.

Section 63 — Non-compliance with Appellate Tribunal orders: Imprisonment up to 1 year + fine for each day of default (promoter). For allottees failing to comply: up to 1 year + fine.

RERA Appellate Tribunal

Section 43 establishes the RERA Appellate Tribunal in each state to hear appeals against orders of the RERA Authority and the Adjudicating Officer. The appeal must be filed within 60 days of the order (condonation of delay up to 60 more days for sufficient cause). The Appellate Tribunal consists of a Chairperson (qualified to be a High Court Judge) and at least 2 members. The Tribunal follows summary procedure — hearings are expeditious.

Further appeal from the Appellate Tribunal goes to the High Court within 60 days (Section 58). The appeal chain is: RERA Authority/Adjudicating Officer → RERA Appellate Tribunal → High Court.

RERA vs Consumer Commission — Forum Selection

Homebuyers can file complaints before BOTH the RERA Authority and the Consumer Commission — these are concurrent remedies. The Supreme Court in Pioneer Urban Land and Infrastructure Ltd. v. Union of India (2019) upheld that homebuyers have the choice to approach RERA or Consumer Forum. However: (a) RERA Authority is specialized in real estate matters and has regulatory powers (can cancel project registration), (b) Consumer Commission can award higher compensation and punitive damages, (c) RERA is generally faster for delays and refunds, (d) Consumer Commission is better for compensation claims for mental agony and harassment.

State-Wise RERA Implementation Status (2025-26)

All states and UTs have notified RERA rules. Leading states in RERA implementation: Maharashtra (MahaRERA — most active with the highest number of registered projects and complaints), UP (UP-RERA — also very active), Karnataka, Haryana, Tamil Nadu, Gujarat, and Rajasthan. Each state RERA website provides: (a) list of registered projects with details, (b) complaint filing facility, (c) order database, (d) promoter and agent registration details. Key portals: rera.maharashtra.gov.in (MahaRERA), up-rera.in (UP RERA), rera.karnataka.gov.in (Karnataka RERA).