Real Estate & Urban Development

Overview

Our Real Estate & Urban Development practice serves developers, investors, homebuyers, and financial institutions with comprehensive legal services covering property transactions, RERA compliance, construction disputes, and urban development projects across Delhi NCR and North India, including Gurugram, Noida, and Chandigarh, which are among the country's most active real estate markets. We conduct title due diligence and encumbrance verification, draft and register sale, lease, and joint development agreements under the Transfer of Property Act, 1882, the Registration Act, 1908, and the Indian Stamp Act, 1899, and structure real estate financing and EPC and construction contracts. A core part of our work is RERA registration and compliance and builder-buyer dispute resolution under the Real Estate (Regulation and Development) Act, 2016, including representation before the State RERA Authorities, the RERA Appellate Tribunals, and consumer forums. We also advise on land acquisition, conversion, township, SEZ, and smart-city projects throughout the region.

1. 1

   Verify RERA registration

   Confirm the project is registered with the state RERA Authority (e.g., UP RERA, Haryana RERA, Maharashtra RERA). Unregistered projects are themselves a Section 3 violation.

2. 2

   Identify the relief sought

   Refund of consideration with statutory interest (Section 18), interest on possession delay, compensation for defects, or specific performance (delivery of possession). Each relief has a slightly different procedural track.

3. 3

   Compile documentary evidence

   Allotment letter, builder-buyer agreement, payment receipts, statutory notices, possession-promise correspondence, and (where relevant) photographs of construction status.

4. 4

   Draft and file the RERA complaint

   File the complaint in the prescribed form before the state RERA Authority (or designated Adjudicating Officer for compensation claims). Most states accept online filings. Pay the prescribed fee.

5. 5

   Attend hearings

   Hearings are typically informal and time-bound (60 days for disposal, per Section 29). The RERA Authority can summon documents, examine the promoter, and grant relief.

6. 6

   Receive the order

   The Authority's order is enforceable as a decree under Section 40. For interest and refund orders, the Authority can attach the promoter's property and bank accounts on non-compliance.

7. 7

   Appeal if needed

   Either party may appeal to the state Real Estate Appellate Tribunal (REAT) within 60 days, with pre-deposit (typically 30% of the awarded amount for promoter appeals).

This is a general guide. For advice on your specific matter, speak to our Real Estate team.