How to File a RERA Complaint Against a Builder (2026)

How-to · Real Estate · RERA

Updated for 2026 · Claw Editorial

If a builder has delayed your flat, changed the plan, or broken a promise in a registered project, RERA gives you a direct and relatively quick remedy. You file a complaint with your State Real Estate Regulatory Authority, not a regular civil court. This guide explains where to file, the fee, who decides compensation, and the appeal route. Last verified October 2026.

01When you can use RERA

RERA is the Real Estate (Regulation and Development) Act, 2016. A buyer, an association of allottees, or a voluntary consumer association can complain about a breach of the Act, the state rules, or the terms of a registered project.

Typical grounds include a delay in possession, a change to the sanctioned plan without consent, a false promise in the brochure, a missing amenity, or a defect found soon after possession. The project generally needs to be one that is registered with, or required to be registered with, the state authority.

02Where to file: Authority or adjudicating officer

Section 31 lets you file with the State Real Estate Regulatory Authority or with its adjudicating officer. Which one depends on what you want:

• The Authority decides whether the promoter broke the Act and can order the builder to comply, and it can impose penalties.
• The adjudicating officer, under Section 71, decides claims for compensation and interest. A finding that the Act was broken is usually established first, and the officer then works out the money.

Each state runs its own RERA, so file with the authority of the state where the project is located.

03How to file, step by step

1. Gather your papers. The agreement for sale, allotment letter, payment receipts, the project RERA registration number, and the brochure or plan.
2. Note the breach and dates. Set out clearly what was promised, what happened, and when.
3. Use the state RERA portal. Most states take complaints online. Fill the prescribed form and upload the documents.
4. Pay the fee set by your state's RERA rules.
5. State the relief you want, such as possession, interest for delay, a refund, or compensation.
6. Attend the hearings, which RERA aims to run quickly compared with a civil court.

04The fee

The complaint fee is fixed by each state's RERA rules, not by the central Act, so the amount varies from state to state.

In several states the fee is a fixed, modest amount per complaint. Check your own state's RERA rules or portal for the exact figure before you file.

05What you can claim

Depending on your situation, you can ask for:

• Interest for delay if you want to keep the flat but the builder is late. The rate is the one prescribed in the state rules.
• A refund with interest if the delay is such that you want to exit the project.
• Compensation for a false promise, a defect, or other loss, decided by the adjudicating officer.
• Specific directions to the builder to complete the work or hand over possession.

The refund-or-interest choice is the heart of most delay cases and is set out in Section 18 of the Act.

06The appeal route

If you are not satisfied with the order of the Authority or the adjudicating officer, you can appeal to the State Real Estate Appellate Tribunal. The appeal must be filed within 60 days of the order, under Sections 43 and 44.

There is an important rule for builders: a promoter who has to pay money cannot have its appeal heard unless it first deposits at least 30 per cent of any penalty, or the total amount to be paid to the allottee including interest and compensation, whichever is higher, under Section 43(5). From the Tribunal, a further appeal lies to the High Court under Section 58, generally within 60 days.

07RERA or the consumer forum

A homebuyer can often choose between RERA and the consumer commission, because the Supreme Court has held that RERA does not take away the consumer remedy. Each has trade-offs: RERA is real-estate specialised and tends to be quick, while the consumer forum is familiar and handles a wide range of service complaints.

You cannot pursue both for the same relief at the same time, so pick the forum that fits your goal and your evidence.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A delay or refund fight in real estate rarely ends at the Authority. It climbs to the Appellate Tribunal and, under Section 58, to the High Court, so the orders that decide your case are often earlier rulings on interest, refund and possession. Claw holds a searchable library of more than 30 crore judgments, with High Court rulings from 1990 and Supreme Court decisions from 1950, and returns what you ask for in under 5 seconds, so you can see how a bench has read a delay or a pre-deposit point. It also follows a live RERA appeal for you, pulling the cases, orders and hearing dates across 9,102 courts, benches and forums by the name of the party or the advocate on record. Your uploaded case papers are never used to train its AI models.

Open a free Claw account and start tracking your builder dispute by party or advocate name. For wider research, see case search across Indian courts.

09Sources and further reading

• India Code (Real Estate (Regulation and Development) Act, 2016): indiacode.nic.in
• Ministry of Housing and Urban Affairs: mohua.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. RERA rules, fees and portals differ by state, so confirm your state's position before you file.

10Frequently asked questions