The highest number of RERA complaints in India are filed at possession — after months or years of waiting, buyers feel pressured to accept incomplete work and waive their rights.
RERA gives you the right to delay possession indefinitely until the builder resolves all valid defects. You do not have to take possession of a property with outstanding issues.
Under RERA, a builder must: (1) Give you the OC before possession. (2) Compensate you at the home loan rate (typically 8–10%) on the amount paid if possession is delayed beyond the RERA-registered date. (3) Allow you to claim refund with interest if delay exceeds agreed period (in writing). (4) Provide a 5-year defect liability period for any structural defects discovered post-possession. Builders often try to give "possession" without OC or with known defects — do not sign the possession letter until satisfied.
Before taking possession, do a thorough inspection with the following: (1) OC copy — must be issued for your wing / phase, not just the overall project. (2) Water and electricity meter in your name (or at least applied for). (3) Flooring — check for cracks, hollow tiles (tap test), level variations. (4) Walls — check for seepage, cracks, poor plastering. (5) Windows and doors — check alignment, lock mechanism, waterproofing around frames. (6) Bathroom — check for drain slopes, mixer temperature, flush mechanism. (7) Electrical — check all switches, MCB panel, earthing. (8) Balcony drain — must slope outward without pooling.
A snag list is your written record of all defects. Do not rely on verbal promises. Document each issue with: location (Flat 4B, master bedroom), description (hollow tiles near window, ~8 sq ft area), photograph with date and timestamp, and reference to what was promised in the agreement (floor specification grade). Submit the snag list in writing (email with acknowledgement) to the builder's customer relations team. Give them a reasonable timeframe (15–30 days) to rectify. Only sign the possession letter after the snag list is resolved.
If the builder delayed possession beyond the RERA-registered date: Compensation = (Amount paid) × (Home loan rate) × (Delay period / 12). Example: ₹70L paid, 8.75% loan rate, 8 months delay → ₹70L × 8.75% × 8/12 = ₹4.08L. File on the state RERA portal. MahaRERA has a dedicated online portal (maharera.mahaonline.gov.in) where you can file a complaint and track it. Most delay compensation orders are issued within 90–120 days of complaint.
Builders frequently cite force majeure (floods, pandemic, labor shortage) to justify delays and escape RERA penalty. RERA provides for force majeure extension — but the burden of proof is on the builder. The delay must be causally linked to the force majeure event. MahaRERA (and most state bodies) have taken the position that general COVID delays from 2020–21 may be excused, but delays before 2020 or after 2022 require specific justification. Do not accept a general force majeure claim without asking which specific event caused the specific delay in your project.
Builders typically ask for the final 5–10% of the property cost on possession. Do not pay this until: OC is in hand (not "applied for"), all snag list items are resolved or a written commitment with penalty is given, society is formed or conveyance is committed to in writing, fire NOC and building completion certificate are ready. The final payment is your last leverage. Once you pay it, your negotiating position is gone.
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