Complete Guide: Your Rights Under RERA – Home Inspection & Possession

A Comprehensive FAQ for Indian and NRI Homebuyers

This guide helps you understand your home inspection rights under RERA, so you can take informed action before and after possession.

Your Right to Information Before Purchase

As a buyer, you are entitled to complete transparency about any registered project. Under Section 11 of RERA, developers must disclose comprehensive details, including project approvals, layout plans, timelines, and financial statements. Before making any payment, you can:

Visit your state’s RERA portal (e.g., Karnataka RERA) to verify the project’s registration
Request to see all project approvals and sanctions
Ask for a copy of the RERA registration certificate and number
Verify that all advertisements include the RERA registration number

“Before proceeding with the booking, I would like to verify this project’s RERA registration number and review all mandatory disclosures as required under Section 11 of the RERA Act.”

Can I Get a Professional Home Inspection Before Taking Possession?

Yes, absolutely. Nothing in Indian law bars you from engaging a qualified third-party inspector prior to execution of the sale deed. Under Section 19(1) and 19(3) of RERA, you have the right to access plans, layouts and specifications to verify that the home is built as promised. You may conduct that verification yourself or authorise a representative, and doing so is part of your home inspection rights under RERA

The practical reality is that until you execute the sale deed, you don’t legally own the property – the builder retains ownership. However, as a prospective buyer, you have the right to verify that construction matches your agreement before committing to ownership.

Sample authorisation wording:

“I, [Buyer’s Name], prospective owner of Flat __ in [Project], hereby authorise [Inspection Company] Engineers to carry out a technical home inspection on my behalf due to their technical expertise.”

Is a Written Authorisation Letter Compulsory?

While RERA does not expressly mandate it, a brief letter of authority keeps matters transparent and gives the site team a clear record of who is entering. Builders who insist on “owners only” usually accept entry once they see the letter, so it is the simplest way to avoid debate at the gate.

The authorisation can be kept simple:

“I am authorising [Company/Person] to inspect [Property Details] on my behalf” with your signature and date.

What If the Builder Refuses to Allow Inspection?

If the builder or their representatives prevent your authorised inspector from conducting the inspection, follow this process:

Stay calm on site, but document everything
Send an email the same day to the CRM head/project head describing:
- Date and time of visit
- The name of your authorised inspector
- The fact that entry was denied despite proper authorisation
Ask for a revised inspection slot within a defined timeframe

Sample email:

“Dear [Builder], on [this date] my authorised inspector was denied entry to Flat __ despite carrying a letter of authority. This prevents me from exercising my right to inspect the property before taking possession as guaranteed under Section 19 of RERA. Please confirm a fresh inspection date within seven days, failing which I shall be compelled to take further action to protect my rights.”

Always follow up phone calls or WhatsApp conversations with formal emails to create a paper trail. Avoid relying solely on verbal communications.

Should I Take Possession Without an Inspection?

You have two main choices if the builder persists in denying inspection access:

Option	What it means	Pros	Cons
Wait it out	Refuse possession until inspection is allowed	Maximum leverage; no risk of inheriting hidden defects	May delay move-in and trigger extra rent/EMI costs
Possession with protest	Sign the sale deed but expressly reserve your right to inspect and seek rectification	Let’s you move in on schedule; still preserves legal remedy	You must organise an inspection immediately after handover and start the defect-liability clock

The choice depends on your specific circumstances, including your financial situation and urgency to move in.

Even if you choose to move forward with possession, it’s important to preserve your home inspection rights under RERA by stating your objections in writing.

Protest clause example:

“I am taking possession under protest as my pre-handover inspection was prevented. I reserve all rights to conduct a full technical audit and to require rectification of any defects discovered. This does not waive any of my rights under RERA.”

Understanding the 5-Year Defect Liability Period

Section 14(3) of RERA provides strong protection through a five-year defect liability period from the date of possession. Developers are legally obligated to:

Repair or rectify any structural defects or quality issues brought to their attention within 5 years of possession
Address these issues without additional charge within 30 days of being notified
Compensate buyers for proven defects if they fail to rectify them

If you’re forced to take possession before inspection, conduct the professional inspection immediately after taking possession, before starting any interior work. This prevents the builder from claiming that defects arose from your modifications.

Sample defect notification:

“Dear [Builder], following my post-possession inspection on [this date], the attached report lists seepage behind the master-bedroom wardrobe. Under Section 14(3) of RERA, this falls within the 5-year defect liability period. Please rectify this defect within 30 days as required by law.”

What If the Builder Refuses to Address Identified Defects?

If the builder refuses to rectify identified defects, you have several options:

Self-rectification with reimbursement claim – You can hire professionals to fix the defects yourself, maintain detailed records of all expenses, and then send a formal notice to the builder demanding reimbursement.

Legal action – File a complaint with your state’s RERA authority if the builder refuses to honor their obligations.

Sample reimbursement notice:

“The defects identified in my inspection report dated [this date] remain unaddressed despite written requests. I have rectified these defects at my own expense, totaling ₹[amount]. As per RERA Section 14(3), I request immediate reimbursement of these legitimate rectification costs.”

Can the Builder Limit Repairs to “Once Only”?

No. The builder must deliver a lasting repair. If a listed defect reappears, it evidences poor workmanship, not a “new” fault. Under RERA’s 5-year defect liability provision, builders cannot artificially limit their responsibility if their initial repair attempt is inadequate.

Maintain detailed documentation showing that the defect either wasn’t properly fixed initially or has recurred. This is why timestamped inspection reports and follow-up communications are crucial – they help establish that you’re not claiming new defects but rather inadequate rectification of existing ones.

What If My Developer Delays Possession?

RERA strictly enforces timely project completion and handover. If there is a delay:

You can claim interest from the developer for the period of delay (typically SBI’s highest marginal cost lending rate plus 2%)
You have the right to withdraw from the project and receive a full refund with interest
You can file a complaint with your state RERA authority for resolution

Sample language:

“As my unit delivery is now delayed by [X months] from the date promised in our agreement, I’m entitled to interest payment as per Section 18 of RERA.”

How to File a RERA Complaint

Each state has its own RERA authority and complaint process:

Complaints can be filed online through your state’s RERA portal
A fee of ₹1,000 must accompany the complaint (in Karnataka)
RERA authorities typically resolve complaints within 60 days
You can approach the RERA Appellate Tribunal if dissatisfied with the authority’s decision

Sample language:

“I wish to file a formal complaint regarding [specific violation] as per the procedure outlined in Section 31 of the RERA Act.”

Why Invest in Professional Inspection When RERA Already Protects Me?

Professional inspections offer several advantages (Here’s why quality matters):

Exercising your home inspection rights under RERA ensures that construction quality is verified early, reducing surprises after move-in.

Saves time and money – One comprehensive snag list avoids piecemeal repairs after you move in
Provides proof – A professional report carries date-stamped photos and engineering commentary the builder cannot easily contest
Peace of mind – You move in knowing exactly what needs attention, instead of discovering leaks or structural issues months later
Organised process – Giving the builder a complete snag list makes it easier for both parties, as everyone knows what work needs to be done

Critical Best Practice: Document Everything by Email

Communication and documentation are absolutely critical throughout this process. Voice calls and WhatsApp messages are handy, but only email creates an auditable trail that stands up in a dispute.

What to document:

All communications with the builder
Timestamped inspection reports with photographs
Records of denied access or refused inspections
Receipts for any self-funded repairs
Follow-up communications regarding incomplete rectifications

Copy the project CRM and a senior escalation contact on important emails. Keep all inspection reports, authorisation letters, and receipts in a single folder for easy reference.

Remember: Even after phone conversations, always send a follow-up email summarising what was discussed and agreed upon to create a written record.

This guide combines your legal rights under RERA with practical steps to ensure you get the home you paid for. Professional inspection engineers can perform thorough snag inspections and guide you on exact wording for builder communications, ensuring you take possession on your terms.

Thanks to Ms Sneha Nagaraj, Partner at Frontline Law Partners, for the insights.

Disclaimer: This blog post is for informational purposes only and should not be considered legal or financial advice. Always consult certified professionals for specialised guidance.

Complete Guide: Your Rights Under RERA – Home Inspection & Possession

Your Right to Information Before Purchase

Can I Get a Professional Home Inspection Before Taking Possession?

Is a Written Authorisation Letter Compulsory?

What If the Builder Refuses to Allow Inspection?

Should I Take Possession Without an Inspection?

Understanding the 5-Year Defect Liability Period

What If the Builder Refuses to Address Identified Defects?

Can the Builder Limit Repairs to “Once Only”?

What If My Developer Delays Possession?

How to File a RERA Complaint

Why Invest in Professional Inspection When RERA Already Protects Me?

Critical Best Practice: Document Everything by Email

What to document:

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