When a young couple in Chembur booked a flat off a glossy brochure in 2024, the sales team promised a landscaped podium, a specific carpet area, and possession within two years. The brochure did the persuading; the agreement did the binding. A year in, they realised they had never checked what the law actually entitled them to, or what it quietly demanded of them in return. RERA is often described as a shield for buyers, and it is, but it is a two way document. It hands a Mumbai flat buyer a set of clear rights, and in the same breath it sets out duties that, if ignored, can cost you interest or even your protections.

The short answer. Under the Real Estate (Regulation and Development) Act, 2016, a Mumbai flat buyer is entitled to sanctioned plans and project information, the stage wise completion schedule, possession as declared, and a refund with interest and compensation if the builder fails to deliver. If a brochure, advertisement or model flat contained a false statement that caused you loss, you can be compensated, and if you withdraw on that basis you are entitled to your entire investment back with interest. In return, you must make payments on time, pay your share of charges, take possession within two months of the occupancy certificate, and join the conveyance and the owners association. The trade off is balance: the strongest rights sit beside real duties, and honouring your side keeps your remedies intact.

What information are you entitled to before and after booking?

You are entitled to the sanctioned plans, layout plans and specifications, and to the project's completion schedule. Section 19 states that an allottee "shall be entitled to obtain the information relating to sanctioned plans, layout plans along with the specifications, approved by the competent authority," and to "know stage-wise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities" as agreed in the agreement for sale. This means you do not have to accept vague answers about what was approved or when things will be ready. You can ask for the approved plans and the phased timeline as a matter of right, not as a favour. For a Mumbai buyer comparing towers, this is a practical filter: a builder who cannot readily share sanctioned plans and a credible schedule is one to question before you pay. It helps to make the request in writing and to keep the reply, because a documented ask creates a record if a dispute later arises. If the plan you are shown differs from what the sales lounge promised, that mismatch is far easier to raise now, while you still hold the money, than after you have paid in full.

What if a brochure, advertisement or model flat misled you?

If you paid on the strength of a false statement in an advertisement, prospectus or model flat and suffered loss, the promoter must compensate you. Section 12 provides that where a person "makes an advance or a deposit on the basis of the information contained in the notice, advertisement or prospectus, or on the basis of any model apartment," and "sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be compensated by the promoter." The Act goes further: if the person affected "intends to withdraw from the proposed project, he shall be returned his entire investment along with interest." This is a strong protection against the gap between a marketing brochure and reality. Keep the brochure, the advertisement and any written promise, because your claim rests on showing what was represented to you when you paid.

When can you claim possession, and when a refund instead?

You can claim possession as the builder declared it, and a refund with interest if the builder fails to deliver. Section 19 entitles the allottee "to claim the possession of apartment, plot or building" as per the declaration the promoter filed, and separately "to claim the refund of amount paid along with interest at such rate as may be prescribed and compensation" if the promoter "fails to comply or is unable to give possession ... in accordance with the terms of agreement for sale." In short, delivery on time is your first right, and exit with your money plus interest is your fallback. This mirrors the delay remedy that runs throughout the Act, and the interest and withdrawal options are measured from the possession date written in your agreement, not from a verbal assurance. That is why the exact possession date, and any grace period, is one of the first clauses you should read and record.

What duties does RERA place on you as an allottee?

Your central duty is to pay on time, and to pay your share of the running charges of the project. Section 19 makes every allottee "responsible to make necessary payments in the manner and within the time as specified in the ... agreement for sale," and to pay "the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges." Crucially, the Act attaches a cost to slipping: an allottee "shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment" of those amounts. In other words, the interest street runs both ways. The builder owes you interest for a late flat, and you owe interest for late instalments. For a Mumbai buyer juggling a home loan and construction linked payments, this is a reminder to align your disbursement schedule with the agreement so a missed date does not quietly add to your cost.

Do you have to take possession within a deadline after the OC?

Yes, you are expected to take physical possession within two months of the occupancy certificate being issued. Section 19 requires that "every allottee shall take physical possession of the apartment ... within a period of two months of the occupancy certificate issued," and shall "participate towards registration of the conveyance deed" and towards forming the owners association or society. Buyers sometimes delay taking possession to postpone maintenance charges or because a resale is planned, but the Act frames prompt possession and participation as duties, not options. Missing them can expose you to charges and weaken your standing. The occupancy certificate is the trigger, which is one more reason to insist that your builder actually obtains it, rather than handing over an apartment without one.

How do these rights and duties fit with your agreement for sale?

They sit on top of your agreement for sale, which remains the detailed contract governing your purchase. RERA sets a floor of rights and duties that the agreement cannot quietly strip away, while the agreement fills in the specifics of price, schedule and specifications for your particular flat. Read the two together: your agreement tells you what was promised, and the Act tells you what the law guarantees and demands regardless. Where the agreement is silent or unfair, the statutory rights give you a fallback. Where the agreement sets your payment dates, the statutory duty to pay on time gives those dates teeth. Once your purchase completes, remember that the deed still has to be registered to make you the legal owner, which our guide on why a sale deed must be registered explains, and you can confirm the project itself through our walkthrough on how to verify a MahaRERA registration before booking.

Your RERA rights and duties checklist for a Mumbai flat

Use these seven steps to claim what you are owed and to keep your protections intact.

1. Ask the builder in writing for the sanctioned plans and the stage wise completion schedule.
2. Save every brochure, advertisement and written promise made to you before you paid.
3. Align your payment dates with the agreement so you never owe interest on a late instalment.
4. Track the declared possession date and note the moment it is missed.
5. If the project fails, decide between claiming possession later or a refund with interest.
6. Once the occupancy certificate is issued, take possession within the two month window.
7. Participate in the conveyance deed registration and the formation of your owners association.

Frequently asked questions

Can I claim compensation if the flat is nothing like the brochure?

Yes, if you paid relying on a false statement in an advertisement, prospectus or model flat and suffered loss, RERA says the promoter must compensate you. If you withdraw on that basis, you are entitled to your entire investment back with interest. Keep the brochure and any written promise, since your claim depends on what was represented.

Does RERA also place duties on me as the buyer?

Yes. RERA requires you to make payments on time under the agreement, and to pay your share of registration charges, municipal taxes, and maintenance. It also makes you liable to pay interest for any delay in those payments. So the interest obligation runs both ways: the builder owes you for a late flat, and you owe for late instalments.

Is there a deadline to take possession once the OC is issued?

Yes. Section 19 requires every allottee to take physical possession of the flat within two months of the occupancy certificate being issued for it. You are also expected to participate in registering the conveyance deed and in forming the owners association. Delaying possession to postpone maintenance charges runs against these statutory duties and can weaken your position.

Do RERA rights override what my agreement for sale says?

RERA sets a floor of rights and duties that your agreement cannot quietly take away, while the agreement fills in the specifics for your flat. Read them together: the agreement records what was promised, and the Act guarantees baseline protections and duties regardless. Where the agreement is silent or unfair, the statutory rights give you a fallback to rely on.

Last updated 2026-07-19. PropNewz Team.