India · Builder-Buyer Agreement

You are signing for your life savings. The agreement was written by the builder.

Upload a builder-buyer agreement and get carpet area, possession dates, delay penalties and cancellation terms checked against RERA.

Indian law, findings cite the statute they rest onResults in minutesYour original document is never stored

What people are surprised to learn

A token delay penalty for the builder, heavy interest for the buyer. We flag the asymmetry.

Section 18 of RERA addresses what happens when possession is delayed beyond the agreed date. Where an agreement sets that out very differently for each side, we quote both clauses and name the provision, so you can take it to an advocate or your State RERA authority.

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What this review checks

  • RERA registration number, and how to verify it
  • Price tied to carpet area, not super built-up area
  • Committed possession date and the Section 18 delay remedy
  • Delay penalty asymmetry between builder and buyer
  • Advance above 10% before a registered agreement
  • Changes to sanctioned plans without your consent
  • Cancellation, forfeiture and transfer restrictions
  • Hidden charges, escalation and maintenance deposits

Quick answer

What should I check in a builder-buyer agreement in India before signing?

Check the RERA registration number and verify it on your State RERA portal; that the price is stated on carpet area; the committed possession date and what the builder pays if it is late; what you pay if you are late, and whether the two match; how much you paid before a registered agreement; cancellation and forfeiture terms; extra charges for parking, clubhouse and maintenance; and the builder’s right to change the plans.

Who this review is for

  • First-time homebuyers booking an under-construction flat
  • Buyers who have paid a booking amount and received the draft agreement
  • Families investing in a plot or villa from a developer
  • Buyers taking a home loan or subvention scheme linked to the project
  • Buyers in a delayed project re-reading what the agreement promised

How it works

  1. 1

    Upload the agreement

    PDF, Word, a photo or pasted text, with its schedules and annexures.

  2. 2

    Choose your State

    RERA rules, the State authority, stamp duty and registration practice vary by State, so the report tells you exactly what to confirm locally.

  3. 3

    Read the report

    Registration, carpet area, possession, delay terms, payments, forfeiture and plan changes, each explained in plain English with the clause quoted.

  4. 4

    Raise the points

    A suggested redline and a polite email to the other side, phrased as questions rather than demands.

8 red flags to look for

  • No RERA registration number in the agreement

    RERA s.3 and s.4 require a covered project to be registered before it is advertised, booked or sold; you can check the number on the State RERA portal.

  • Price stated on super built-up or saleable area

    RERA s.2(k) defines carpet area, and sales are to be priced on it, so you can see what you actually get.

  • A demand for more than ten per cent before a registered agreement

    RERA s.13 bars a promoter from taking more than ten per cent as an advance without a registered agreement for sale.

  • A token delay penalty for the builder and high interest for the buyer

    RERA s.18 gives the buyer a refund with interest, or interest for every month of delay; a token sum is inconsistent with it.

  • A force majeure clause that covers almost anything

    Approvals, funding or contractor problems listed as force majeure can push the possession date out indefinitely.

  • Consent in advance to any change in plans or layout

    RERA s.14 requires your consent to alter the sanctioned plans, and two-thirds of allottees for changes to the project as a whole.

  • Forfeiture of a large part of the price if you cancel

    A stipulated sum is usually read down to actual loss under Sections 73 and 74, and can be challenged as an unfair term under the Consumer Protection Act.

  • Open-ended charges for parking, clubhouse, infrastructure or escalation

    The headline price can grow well beyond what you budgeted, with no cap in the agreement.

Terms explained

Agreement for sale
The registered agreement between builder and buyer under RERA, signed before the sale deed is executed on completion.
Carpet area
The net usable floor area of a flat, including internal partition walls but excluding external walls, service shafts and exclusive balconies or terraces.
Super built-up area
Carpet area plus a share of walls, lobbies and common areas, which makes a flat sound larger than it is.
RERA registration number
The number given to a registered project by the State RERA authority, which you can verify on its portal.
Allottee
RERA’s term for the buyer to whom a flat or plot is allotted or sold.
Occupancy certificate
The local authority’s certificate that a building is fit to occupy, usually expected before possession is handed over.
Construction-linked payment plan
A schedule tying each instalment to a stage of construction, such as a slab or the plaster.
Subvention scheme
An arrangement in which the builder usually pays the home-loan interest until possession, under a tripartite agreement with the lender.

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Builder-Buyer Agreement FAQs

What should I check in a builder-buyer agreement in India before signing?

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Check the RERA registration number and verify it on your State RERA portal; that the price is stated on carpet area; the committed possession date and what the builder pays if it is late; what you pay if you are late, and whether the two match; how much you paid before a registered agreement; cancellation and forfeiture terms; extra charges for parking, clubhouse and maintenance; and the builder’s right to change the plans.

How do I check if a project is RERA registered?

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Take the registration number from the agreement or the brochure and look it up on your State RERA authority’s official portal. The listing usually shows the promoter, the approved plans, the declared completion date and progress updates. If the agreement has no number, or the number belongs to a different phase or project, raise it before paying more. RERA s.3 requires a covered project to be registered before booking or sale.

The builder has delayed possession. What can I claim?

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Under RERA s.18, if the builder does not hand over possession by the date in the agreement, you can either withdraw and claim a refund with interest and compensation, or stay and claim interest for every month of delay. The interest rate and the procedure come from your State’s RERA rules, so confirm them with your State authority before you file.

Should I complain to RERA or a consumer commission?

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Complaints under the Act go to your State RERA authority. An individual buying a flat is generally treated as a consumer, so a consumer commission may also be able to hear a complaint about deficient service or unfair terms. Which route suits you depends on what you want, the amount involved and the stage of the project. An advocate can advise on the right forum.

Is the booking amount refundable if I cancel?

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It depends on the agreement and your State’s RERA rules, as some States prescribe a model form of agreement that deals with cancellation. A forfeiture clause is not automatically enforceable in full: under Sections 73 and 74 of the Contract Act a stipulated sum is a ceiling, usually read down to the loss actually shown. The report flags the forfeiture clause and compares it with what the builder owes you for its own default.

Does my builder-buyer agreement need to be registered?

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Yes. RERA s.13 requires a written agreement for sale, registered, before the builder takes more than ten per cent of the cost as an advance. Registration also brings stamp duty, which varies by State. Who pays the duty and registration charges should be stated in the agreement; the report flags it if it is not, but does not state a rate.

Can the builder change the floor plan or add towers after I book?

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Not without consent. RERA s.14 requires the builder to develop according to the sanctioned plans and to get your consent to alterations, and the consent of two-thirds of allottees for changes to the project as a whole. A clause where you consent in advance to any future change is a red flag the report highlights.

What happens if I find structural defects after moving in?

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RERA s.14 makes the builder liable for structural defects brought to its notice within five years of handing over possession, and requires it to fix them without further charge. Keep written records of every defect and the date you reported it. The report checks whether the agreement tries to narrow this obligation.

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ClauseAudit provides information and analysis, not legal advice, and does not create an advocate–client relationship. Findings use calibrated language because enforceability depends on facts and forum. Consult a qualified advocate before acting on any finding. See India pricing.

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