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RERA is India’s Real Estate (Regulation and Development) Act, 2016, and it gives apartment buyers defined information rights and remedies for specified promoter defaults. It does not make every buyer-requested booking cancellation refundable: that usually depends on the agreement and the rules and procedures applicable where the project is located. Before paying beyond a booking amount, compare the project’s disclosures and sanctioned plans with the written agreement, and make sure the quoted area is the statutory carpet area—or clearly identify which other area measure is being used.
The Act is national, but state and Union Territory authorities implement it locally. Forms, procedures and prescribed rates can therefore differ. This guide explains the terms and checks that apply broadly, and flags where buyers need to consult the authority for their project’s location.
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RERA commonly means the Real Estate (Regulation and Development) Act, 2016, the national law regulating and developing the real-estate sector and protecting consumers. The Ministry of Housing and Urban Affairs (MoHUA) describes the Act’s objectives and commencement in its RERA overview and official resources. The Act’s provisions commenced in stages: specified sections began in May 2016, with the remaining principal provisions commencing in May 2017.
The national Act sets the framework; state and Union Territory authorities administer it locally. That distinction matters when you need to check a project registration, find the relevant forms, understand a prescribed rate, or follow a complaint or cancellation procedure. Do not assume that a form, rate, deadline or process published by one state applies across India.
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In ordinary apartment-buying discussions, “RERA” may also mean the state or UT authority or its online portal. The law, the local authority and the portal are related but not interchangeable: use the authority responsible for the location of the actual project.
RERA is useful because it gives buyers a framework for checking project information and sets out certain rights and remedies. It is not a substitute for reviewing the documents for the apartment you intend to buy. A registration entry, for example, does not tell you whether every term in your proposed agreement matches the public disclosures; compare the two rather than relying on a project name or sales claim alone.
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RERA carpet area is a statutory measure of an apartment’s net usable floor area. The definition in section 2(k) of the Real Estate (Regulation and Development) Act, 2016 is: “the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.”
In practical terms, the definition includes the floor area within the apartment and the area taken up by its internal partition walls. It excludes external walls, service shafts, an exclusive balcony or verandah, and an exclusive open terrace. A balcony or open terrace should not be added to the statutory carpet area.
Carpet area is not the same as a builder’s “saleable area” or “super built-up area.” Those larger quoted figures may use different components, so compare apartments using the same measure. A price per square foot is not meaningful on its own unless you know whether its denominator is carpet area or another area figure. Ask for the disclosed carpet area and clarify in writing how the advertised or agreement price relates to it.
Does carpet area include a balcony? No. The statutory definition excludes an exclusive balcony or verandah and an exclusive open terrace. If an apartment listing gives one combined figure, ask the seller to separate the statutory carpet area from any balcony, terrace or other area included in the quoted number. This makes it easier to compare one apartment with another without treating distinct measures as interchangeable.
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What should I check in a RERA registration before booking?
Check the registration for the specific project phase or building you intend to buy, then compare its public disclosures with the agreement and sanctioned plans. A registration for a development name alone is not enough to assume that every phase or building is covered by the details you have seen.
- Match the project and phase. Confirm that the registration details you are reviewing correspond to the building or phase in your offer, not merely to a similarly named project. Use the relevant state or UT authority’s portal.
- Compare the sanctioned plans. Check the plans and project information against the apartment being offered, including its stated carpet area and layout. Ask the promoter to explain any discrepancy between the public disclosure, sales material and the documents proposed for signing.
- Check the completion and possession schedule. Look at the stage-wise schedule and the possession date or terms disclosed for the project, and compare them with the agreement. Section 19 gives allottees rights to information about sanctioned plans and stage-wise schedules; the Act is available through India Code and the section is also set out by IndiaCode eCourts.
- Check promised amenities and project details. Compare what is disclosed with what the agreement says will be delivered. Treat a verbal assurance or brochure statement that is absent from the written documents as something to clarify before signing.
- Read payment and cancellation terms. Review the payment schedule, cancellation provisions, potential deductions or forfeiture language, and refund timing in the booking form and agreement for sale. Ask for unclear terms to be explained in writing.
- Use the local authority’s guidance. Check the relevant state or UT portal for the registration record, current forms and procedures. Local guidance can be useful, but it should not be treated as a national rule.
RERA disclosures help buyers ask specific questions; they do not replace reading the documents that govern the purchase. Keep the registration information you reviewed and copies of the booking form, agreement, plans and payment records so that you can compare what was disclosed with what you were asked to accept.
A practical way to make this check is to keep a short list of the claims that matter to your decision: apartment and phase identity, carpet area, plan or layout, stage-wise schedule, possession terms, amenities, price and payment milestones. For each item, note where it appears—in the public project record, the booking form, the agreement or the sanctioned plan. If it appears only in a conversation or advertisement, ask whether it can be confirmed in the written documents before you commit.
Registration information is most useful when you check it against the actual offer. Do not assume a project’s registration name automatically confirms the particular unit’s area, layout or promised possession terms. Resolve mismatches before signing or paying further amounts, and retain copies of the versions you reviewed.
How much can a promoter collect before the agreement for sale?
Section 13 of the Act restricts a promoter from taking more than 10% of the apartment’s cost as an advance or application fee before entering into a written agreement for sale and registering it. The rule is in the central Act; the Rajasthan authority also summarizes it in its general FAQ.
This is a limit on collecting money before the required written and registered agreement, not a promise that a booking payment is refundable or that any particular cancellation deduction is valid. Before paying more, read the proposed agreement, confirm what the payment represents, and make sure the agreed price, carpet area, payment schedule and cancellation provisions are documented. If a promoter asks for more than the statutory threshold before the agreement is executed and registered, seek clarification and check the applicable authority’s guidance before proceeding.
In practical terms, do not treat a booking form or payment receipt as a substitute for the written, registered agreement for sale required by the Act before the promoter collects more than the limit. Ask for the agreement to be provided, read the terms, and understand the payment schedule before making a larger payment. The 10% rule is about when and how much can be collected before that agreement; it does not by itself settle every question about the validity or return of a booking amount.
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Can I cancel my flat booking and get a refund?
Not automatically in every case. The Act provides refund remedies in specified situations involving promoter default; a buyer who simply chooses to cancel is in a different position, and the outcome depends on the booking terms, agreement for sale and applicable state or UT rules.
Section 18 addresses cases where a promoter fails or is unable to give possession in accordance with the agreement, and certain circumstances involving discontinuation of business linked to suspension or revocation of registration. In the circumstances set out by the Act, an allottee may be entitled to a refund with prescribed interest and compensation. The exact remedy and route should be checked against the Act and rules that apply to the project. These are statutory remedies for specified circumstances, not a general guarantee of a complete refund whenever a buyer asks to cancel.
For a buyer-initiated cancellation, start with the documents you signed:
- Read the booking form and agreement for sale for the cancellation or termination clause.
- Check what the documents say about deductions, forfeiture and the timing and method of a refund.
- Compare the wording with the applicable state or UT rules and authority guidance; do not assume a rule cited for another state applies.
- Make the cancellation request in writing and keep the request, acknowledgment and payment records.
- If there is a dispute over a promoter’s default or the amount due, consult the authority responsible for the project or a qualified legal professional about the correct procedure.
Rajasthan’s authority FAQ, for example, points to termination provisions in the prescribed agreement for certain customer-default situations. That is an illustration of how contract terms and local rules matter—not a universal cancellation rule for India.
Before describing your request as a RERA refund claim, identify why you are seeking to end the purchase. If the issue is a specified promoter default, gather the agreement, possession terms, payment records and written communications that relate to it. If you simply changed your mind, the cancellation clause and applicable local rules are central. The distinction matters because the statutory remedy for a qualifying default should not be confused with the contract consequences of voluntary cancellation.
Ask for any proposed deduction or refund calculation in writing, and keep a copy of the response. If the agreement is unclear, or if the promoter’s position conflicts with the project documents, check the relevant authority’s current procedure and consider local legal advice. The answer can depend on the agreement and applicable rules, so do not assume a full refund, a particular deduction or a fixed processing period without checking the documents and local guidance.
How do RERA rights differ from a buyer’s cancellation choice?
The key distinction is the reason for ending the transaction. A remedy tied to a promoter’s specified failure under the Act is not the same as a buyer withdrawing for personal reasons or because the buyer no longer wants the apartment.
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Section 19 sets out allottee rights and duties, including access to information about sanctioned plans and stage-wise schedules, and rights concerning possession and specified refunds. Section 18 addresses specified promoter defaults and their consequences. Read the two provisions alongside the agreement and applicable local rules rather than relying on a general claim that “RERA guarantees a refund.” The statutory text is available in the Act on India Code; section 19 is also available through IndiaCode eCourts.
When you raise a concern, identify the issue precisely: Is the disclosed carpet area inconsistent with the offer? Is the relevant phase’s registration unclear? Does the possession schedule differ from the agreement? Is the cancellation your choice, or are you seeking a remedy because of a promoter default covered by the Act? The answer helps determine which documents and local procedures matter.
These information rights are practical, not just formal. They give you grounds to ask for the sanctioned plan and schedule information relevant to the apartment, and to compare those details with the contract. They do not mean that every disagreement automatically produces the same outcome; the facts, agreement and applicable local rules still matter.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How should I compare two apartments fairly?
Compare equivalent information, not just headline prices. The same project name or price-per-square-foot figure can conceal important differences in area measure, phase, schedule and contract terms.
| What to compare | Ask or verify | Why it matters |
|---|---|---|
| Area | What is the disclosed statutory carpet area? Does the quoted rate use carpet area or a larger saleable or super-built-up figure? | A rate calculated using different area measures cannot be compared like-for-like. |
| Registration and disclosures | Does the registration record match the exact building or phase? Do the disclosed plans and apartment details match the offer? | A project’s details should be checked for the part of the development being purchased. |
| Possession and progress | What stage-wise schedule and possession terms appear in the disclosures and agreement? | The written schedule is more useful for comparison than a general sales assurance. |
| Amenities and commitments | Which promised amenities and other commitments appear in the documents? | Written terms let you distinguish documented commitments from informal claims. |
| Payments and cancellation | What is the payment schedule? What do the agreement and booking form say about cancellation, deductions and refunds? | The lowest initial payment or headline price may not tell you the contractual consequences of cancelling. |
Make a short written comparison using the same questions for each apartment. If an area figure, schedule or commitment is missing or inconsistent, request clarification before signing rather than filling the gap with an assumption.
For price comparisons, first identify the area figure used in each quoted rate. If one rate is based on carpet area and another on a larger saleable or super-built-up measure, they are not directly comparable. Ask for the disclosed carpet area and the basis of the quoted price; avoid choosing an apartment from the headline rate alone.
Likewise, compare the same kind of document for each apartment. A possession assurance in a conversation should not be weighed as though it were the written schedule in an agreement. Check whether each project’s disclosed schedule, promised amenities and cancellation terms are stated in the documents you would rely on if a question arose later.
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Where do I check local RERA rules and procedures?
Use the state or Union Territory RERA authority for the location of the project. Start with its official portal to find the project record, authority guidance and any locally required forms or complaint steps. The central Act provides the framework, while local implementation determines the relevant authority and procedures.
For example, the Rajasthan Real Estate Regulatory Authority’s general FAQ discusses matters including the advance-payment limit and agreement termination. It is useful for a Rajasthan project, but it should not be quoted as the rule for a project elsewhere. MoHUA’s RERA frequently asked questions provide national-level orientation; for a local rate, deadline, form or process, confirm the current requirements with the authority that governs the project.
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This article explains general legal information, not a substitute for reviewing a current agreement or obtaining advice about a dispute. The project’s location, the exact documents and the facts of a cancellation can change the answer.
Frequently Asked Questions
Does a RERA registration number mean the apartment is approved by the government?
A registration record is a regulatory disclosure, not a substitute for checking the sanctioned plans and the particular apartment’s documents. Compare the record with the exact project phase or building and ask the relevant authority about any mismatch.
What should I do if the carpet area in the agreement differs from the booking form?
Pause before signing or making another payment and ask the promoter to reconcile the figures in writing. Keep the versions of both documents and check the authority’s project disclosure; if the discrepancy remains material, seek local legal advice before proceeding.
Can I rely on a state RERA FAQ for a project in another state?
No. A state authority’s FAQ can explain that state’s guidance but does not establish another state or UT’s rates, forms or procedures. For another project, consult the authority responsible for that project’s location.
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Does the 10% pre-agreement limit mean my booking amount must be refunded if I change my mind?
No. The limit concerns how much a promoter may collect before the written, registered agreement for sale; it does not itself set the refund for buyer-initiated cancellation. Check the booking form, agreement and applicable local rules for cancellation terms.
What is RERA carpet area?
It is the net usable floor area defined in section 2(k) of the Real Estate (Regulation and Development) Act, 2016. It includes internal partition walls and excludes external walls, service shafts, exclusive balconies or verandahs, and exclusive open terraces.
The Bottom Line
Before you book, confirm the exact phase or building, compare its disclosures and sanctioned plans with the apartment documents, and use statutory carpet area—not an unexplained larger area figure—to compare prices. Read the written agreement before paying beyond 10% of the apartment cost. If you later seek a refund, distinguish a remedy for a specified promoter default from a buyer’s voluntary cancellation, and check the rules and procedures of the authority responsible for the project’s location.
