The Real Estate (Regulation and Development) Act, 2016 changed the position of a homebuyer more than any statute in decades. It requires most projects to be registered before they are advertised or sold, obliges the promoter to disclose and to build to the sanctioned plan, and gives the allottee a tribunal rather than a civil suit.
Implementation, however, is by the states. Each has its own authority, its own rules, its own fee structure and its own appellate tribunal, and they differ in practice. This page sets out the position for a project or a property in Delhi.
Which authority regulates a project in Delhi
- Regulator
- Real Estate Regulatory Authority, National Capital Territory of Delhi (Delhi RERA)
- Seat
- New Delhi
- Appellate tribunal
- Delhi Real Estate Appellate Tribunal
- Governing statute
- Real Estate (Regulation and Development) Act, 2016
- Further appeal
- Delhi High Court, on a question of law — Section 58
- Pre-deposit on a promoter’s appeal
- The full amount of any penalty, and at least thirty per cent of any compensation — Section 43(5)
A project in Delhi is regulated by the Real Estate Regulatory Authority, National Capital Territory of Delhi (Delhi RERA), which has its seat at New Delhi. Appeals from its orders lie to the Delhi Real Estate Appellate Tribunal, and from there to the Delhi High Court on a question of law under Section 58 of the Act.
RERA is a central statute implemented by state authorities, and the differences between states are real. Registration thresholds, the fee structure, the format of the agreement for sale, the timelines the authority works to, and the extent to which it actually enforces its own orders all vary. Advice given for a project in one state does not transfer safely to another.
Section 43(5) is the provision that shapes most contested matters. A promoter appealing against an order of the authority cannot have the appeal entertained without depositing the full amount of any penalty imposed, together with not less than thirty per cent of any compensation or interest ordered. That materially changes the economics of appealing, and it is a considerable practical protection for the allottee.
Section 79 bars the civil court from entertaining any suit in respect of a matter the authority or the appellate tribunal is empowered to determine, so for a registered project the RERA route is generally the only route.
How the firm acts for a client in Delhi
RERA complaints and property due diligence are built on the registration record, the agreement and the title documents, and filing before most authorities is online. The points below set out how the firm conducts a real estate or RERA matter for a client based in Delhi.
Project registration details, the promoter's declared timeline, approvals and quarterly updates are published by the Real Estate Regulatory Authority, National Capital Territory of Delhi (Delhi RERA) on its portal. Diligence on a project begins there, and it can be done from anywhere.
Most state authorities accept complaints electronically, and hearings are frequently conducted by video conference. The drafting of the complaint, and the calculation of interest and compensation claimed, is document work.
The chain of title, the encumbrance position, approvals and the draft conveyance are reviewed on the documents. Physical verification at the sub-registrar’s office and at site is arranged locally where it is required.
Where a matter requires appearance before the Real Estate Regulatory Authority, National Capital Territory of Delhi (Delhi RERA), the Delhi Real Estate Appellate Tribunal or a court in the National Capital Territory of Delhi, the firm associates local counsel who appears on the record, and continues to conduct the matter itself.
Execution and registration of a conveyance take place before the jurisdictional sub-registrar. The firm prepares and settles the documents; attendance for registration is arranged locally.
What the firm handles in real estate and RERA matters
- Complaints before the real estate regulatory authority for delay, defect and misrepresentation
- Appeals to the real estate appellate tribunal
- Advisory for promoters on project registration and continuing compliance
- Review of the agreement for sale, allotment letter and builder-buyer agreement before signing
- Title investigation, due diligence and title opinions
- Drafting and vetting of sale deeds, agreements to sell, gift deeds, leases and licences
- Conveyancing, registration and stamp duty advisory
- Development agreements, joint development and redevelopment arrangements
- Possession, occupancy certificate and common area disputes
What each side can actually do
RERA is often described as a buyer protection statute, and it largely is — but it imposes obligations on the allottee too, and the promoter has remedies of its own.
The allottee’s remedies
Sections 12, 14, 18 and 19
- Where possession is delayed, either withdraw from the project and take a refund with interest, or stay in the project and claim interest for every month of delay until handover — Section 18(1)
- Compensation for loss caused by a false or incorrect statement in an advertisement or prospectus relied on — Section 12
- Rectification of structural defect or defect in workmanship notified within five years of possession, at the promoter’s cost — Section 14(3)
- Relief where the promoter alters the sanctioned plan or the common areas without the required consent — Section 14(2)
- Interest at the rate prescribed by the state rules, which is generally the same rate the promoter may charge the allottee for delayed payment
- A complaint may be made for a registered project, and also in respect of an unregistered project which ought to have been registered
The promoter’s position
Sections 3, 4, 11, 19 and 40
- Registration of the project before advertising, marketing or selling — Section 3, subject to the state threshold
- Seventy per cent of the amounts realised must be maintained in a separate account, to be used only for construction and land cost — Section 4(2)(l)(D)
- Quarterly updates on the authority’s website of the project status and approvals — Section 11
- Right to interest from an allottee who defaults in payment, at the same rate that applies to the promoter — Section 19(7)
- Right to cancel an allotment in accordance with the terms of the agreement for sale
- Appeal against an order, subject to the pre-deposit under Section 43(5)
The election under Section 18(1) is important and it is not always well advised. Withdrawing means a refund with interest and the end of the allotment; staying means interest for the delay and eventual possession. In a rising market the second is often worth far more, and the choice, once made and acted on, is difficult to reverse.
What a title investigation has to cover
RERA regulates the project. It does not warrant the title, and a registered project can still have a title problem. Diligence remains the buyer’s responsibility.
- Chain of title, traced back over a meaningful period, with the original or certified copies of each link examined rather than a summary accepted
- Encumbrance certificate from the jurisdictional sub-registrar for the relevant period, and a search for registered mortgages and charges
- Where the seller is a company, a search of charges registered with the Registrar of Companies
- Land use, zoning and conversion — that the land is permitted to be used for the purpose proposed
- Sanctioned building plan, commencement certificate, and completion or occupancy certificate as applicable
- RERA registration of the project, and whether the registration is current or has lapsed
- Litigation search — pending suits, attachments, acquisition proceedings and revenue records
- Statutory dues — property tax, maintenance, and any dues that run with the property
- Where the property is agricultural or was so, the ceiling and tenancy position under the state land laws
- For a resale, whether the original allotment and any prior transfer were validly made and the promoter’s consent obtained where required
Stamp duty and registration charges are state subjects and differ substantially between states. Under-stamping is not cured by registration; an instrument that is insufficiently stamped is inadmissible in evidence under Section 35 of the Indian Stamp Act, 1899, which is discovered at the worst possible moment.
How an application proceeds
- 01 Check the project before anything is signed
Registration status on the authority's portal, the declared completion date, the approvals disclosed, and the quarterly updates the promoter has actually filed. A great deal is visible before any money changes hands.
- 02 Review the agreement before signing it
The agreement for sale is the document the whole relationship runs on. Whether it conforms to the state’s prescribed model form, what it says about the completion date, delay interest, cancellation and the carpet area, is worth an hour of review and rarely gets it.
- 03 Title investigation
The chain of title, encumbrances, approvals and land use, resulting in a written title opinion identifying what is clear and what is not.
- 04 Notice to the promoter
Where there is delay or defect, a written notice recording the default and the relief claimed. It frequently resolves the matter and in any event establishes the record for the complaint.
- 05 Complaint to the authority
A complaint before the regulatory authority, setting out the agreement, the payments made, the delay or default, and the relief claimed with interest computed at the prescribed rate. Most authorities accept filing online.
- 06 Hearing and order
The authority hears both sides and passes an order, which may direct refund with interest, payment of interest for delay, compensation, or rectification, and may impose a penalty.
- 07 Appeal and execution
An appeal lies to the appellate tribunal within sixty days, subject to the Section 43(5) pre-deposit for a promoter, and thereafter to the High Court on a question of law. An order that is not complied with is recoverable as an arrear of land revenue.
The route for a Delhi matter
| Stage | Forum | Note |
|---|---|---|
| Project registration and compliance | Real Estate Regulatory Authority, National Capital Territory of Delhi (Delhi RERA) | Registration required before advertising or selling |
| Complaint for delay, defect or misrepresentation | Real Estate Regulatory Authority, National Capital Territory of Delhi (Delhi RERA) | Section 31 |
| Adjudication of compensation | Adjudicating Officer of the authority | Section 71 |
| Appeal | Delhi Real Estate Appellate Tribunal | Sixty days; promoter’s appeal subject to pre-deposit under Section 43(5) |
| Second appeal on a question of law | Delhi High Court | Section 58 |
| Civil suit | Barred where the authority is empowered to decide | Section 79 |
| Conveyance and registration | Jurisdictional sub-registrar | Stamp duty and registration are state subjects |
Where a property dispute from Delhi is heard
For a registered project, or one that ought to have been registered, the forum is the Real Estate Regulatory Authority, National Capital Territory of Delhi (Delhi RERA), with an appeal to the Delhi Real Estate Appellate Tribunal and a further appeal to the Delhi High Court on a question of law under Section 58.
Section 79 of the Act bars a civil court from entertaining a suit or proceeding in respect of any matter which the authority, the adjudicating officer or the appellate tribunal is empowered to determine. A buyer with a delay claim against a registered project therefore cannot choose the civil court instead.
Not everything is within RERA, however. A pure title dispute, a specific performance claim on an agreement to sell between private parties, a partition, or a landlord and tenant matter remain civil proceedings. In Delhi such a suit is instituted before the Commercial Courts at the District Courts of Delhi, or before the Delhi High Court on its original side where the valuation exceeds the pecuniary limit fixed for the courts below.
A consumer complaint remains available in appropriate cases; the Supreme Court has held that the remedies under RERA and under the consumer protection legislation are concurrent rather than mutually exclusive, so an allottee is not confined to one of them by the existence of the other. Which is the better forum is a matter of assessment on the facts.
Where the promoter is a company against which insolvency has been admitted, the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 stays proceedings, and allottees are treated as financial creditors in the resolution process.
Property activity in Delhi
Delhi is the seat of the central government and its regulators, and a major centre for publishing, education, media, professional services and wholesale trade. Real estate activity, and the disputes that come with it, follow that economy.
- Professional services — client lists, pricing, bid strategy and engagement models, where teams move together.
- Publishing and media — unpublished manuscripts, editorial pipelines and syndication terms.
- Trading and distribution — supplier terms, landed costs and margin structures in a very large wholesale economy.
- Technology services — source code and client data held for principals elsewhere.
- Pharmaceutical and regulatory consulting — dossiers and filing strategy.
- Export houses — buyer relationships and costing, which frequently leave with departing staff.
Sector context is set out here to describe the local economy and to indicate where questions of this kind arise. It is not a statement about the firm’s clients or engagements.
Relevant statutory framework
- Real Estate (Regulation and Development) Act, 2016
- Transfer of Property Act, 1882
- Registration Act, 1908
- Indian Stamp Act, 1899, and the state stamp legislation
- Specific Relief Act, 1963
- Indian Contract Act, 1872
- Consumer Protection Act, 2019
- Insolvency and Bankruptcy Code, 2016
Frequently asked questions
Which authority regulates real estate projects in Delhi?
The Real Estate Regulatory Authority, National Capital Territory of Delhi (Delhi RERA), seated at New Delhi. Appeals lie to the Delhi Real Estate Appellate Tribunal, and from there to the Delhi High Court on a question of law under Section 58 of the Act.
What can a buyer claim if possession is delayed?
Under Section 18(1) the allottee may either withdraw from the project and claim a refund of the amounts paid with interest and compensation, or remain in the project and claim interest for every month of delay until possession is handed over. The rate is prescribed by the state rules. The choice matters commercially and, once acted on, is difficult to reverse.
Is a civil suit possible instead of a RERA complaint?
Generally not, where the matter is one the authority can decide. Section 79 bars the civil court from entertaining a suit in respect of any matter that the authority, the adjudicating officer or the appellate tribunal is empowered to determine. Title disputes, specific performance between private parties and tenancy matters remain civil proceedings.
Can a complaint be made about an unregistered project?
Yes, where the project was required to be registered. Registration is an obligation on the promoter under Section 3, and failure to register is itself an offence attracting penalty under Section 59. A promoter cannot escape the authority’s jurisdiction by not registering.
Does the promoter have to deposit money to appeal?
Yes. Under Section 43(5) an appeal by a promoter is not entertained without deposit of the full amount of any penalty imposed, together with at least thirty per cent of any compensation or interest ordered, or such higher percentage as may be determined. This is a significant practical protection for the allottee.
Is a consumer complaint still available?
In appropriate cases, yes. The Supreme Court has held that the remedies under RERA and under consumer protection legislation operate concurrently rather than to the exclusion of one another, so an allottee is not barred from the consumer forum merely because RERA exists. Which forum is preferable depends on the relief sought and the facts.
Does RERA registration mean the title is clear?
No, and this is a common and expensive misunderstanding. RERA regulates the project, the disclosures and the promoter’s conduct. It does not investigate or warrant the title to the land. Independent title investigation remains necessary, and a registered project can still carry a defective title.
What is the five-year defect liability?
Under Section 14(3), where a structural defect or a defect in workmanship, quality or provision of services is brought to the promoter’s notice within five years of handover of possession, the promoter must rectify it at no further cost within thirty days, failing which the allottee is entitled to compensation.
Can the firm act in a Delhi property matter from Jaipur?
Title diligence, agreement review and complaint drafting are document work, and filing before most authorities is online. Execution and registration of a conveyance happen before the jurisdictional sub-registrar, and appearance before the Real Estate Regulatory Authority, National Capital Territory of Delhi (Delhi RERA) may be required; the firm arranges those locally and associates local counsel who appears on the record, while conducting the matter itself.
Riva Legal Associates works from a single chambers in Jaipur, Rajasthan and does not maintain an office in Delhi. Matters requiring appearance before a court in the National Capital Territory of Delhi are handled in association with local counsel.
This page is published for general information about the law and procedure that applies to a business in Delhi. It is not legal advice, an advertisement, or a solicitation, and it should not be relied upon as a statement of the law applicable to any particular matter. For advice on a specific matter, please contact the firm or consult a qualified advocate.
Other intellectual property matters in Delhi
Real Estate, RERA & Conveyancing in other cities
The firm accepts matters from clients across India, in association with local counsel where appearance in another state is required.
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