Quick answer: The RERA Act, 2016 sets no fixed limitation period for a complaint under Section 31. The Chhattisgarh High Court and the Haryana Appellate Tribunal held in 2026 that the Limitation Act does not apply. However, some authorities still treat three years as a reasonable outer limit, so homebuyers should file promptly.
Many homebuyers wait years before they act against a builder. Then the builder argues that the claim is time-barred. So what is the limitation period for a RERA complaint? The Act itself is silent, and RERA authorities have answered the question in different ways. This guide explains the current position, the key rulings and the steps you should take now.
Is There a Limitation Period for a RERA Complaint?
Section 31 of the Real Estate (Regulation and Development) Act, 2016 lets any aggrieved person complain to the Authority or the Adjudicating Officer. Notably, the section prescribes no time limit. In contrast, Section 44 fixes a 60-day window for appeals to the Appellate Tribunal.
Section 18(2) adds a further clue. It states that no limitation law will bar a claim for compensation over a defective land title. Builders read this express exclusion narrowly. They argue that the Limitation Act therefore governs every other claim. Homebuyers, on the other hand, rely on Section 89, which gives RERA overriding effect over inconsistent laws.
Key Case Law on RERA Complaint Limitation
- Nidhi Sao v. Greenearth Infraventures (Chhattisgarh HC, 2026): The buyer complained about three years after the cause of action. The Appellate Tribunal raised limitation on its own and dismissed her appeal. Justice Bibhu Datta set that order aside. He held that RERA is not a “court”, so Article 137 of the Limitation Act does not apply, and authorities cannot read a time limit into the Act.
- Emaar India v. Poonam Goel (Haryana REAT, 2026): The Tribunal upheld delay-interest orders even though buyers filed after taking possession. It ruled that the Limitation Act does not apply to RERA complaints. It also held that a conveyance deed does not erase a buyer’s status as an allottee.
- Kamal Singhal v. Emaar MGF (HRERA, 2025): However, a Gurugram bench took a stricter view. It treated three years as a reasonable period under the natural-justice mandate of Section 38. It dismissed a claim filed over five years after the offer of possession.
- Five Mount Villa Owners Welfare Association v. Bahri Estates (TN REAT, October 2026): Similarly, this Tribunal applied the three-year period in Article 27 of the Limitation Act to compensation claims. It also held that late possession does not create a continuing cause of action.
Meanwhile, in The Property Company v. Rohinton Daddy Mazda (January 2026), the Supreme Court reiterated a broader rule. The Limitation Act governs courts and does not bind tribunals unless their statute says so. Homebuyers can use this ruling, although the Tamil Nadu tribunal read the same line of cases differently.
How Practice Differs in Delhi NCR
In Haryana, the Appellate Tribunal’s 2026 ruling now favours buyers, although individual HRERA benches have earlier applied a three-year test. UP RERA and Delhi RERA have no statutory time limit either. Still, builders in Noida and Delhi routinely plead delay. For this reason, you should treat three years from the breach as a safe working deadline. If you are past it, prepare a clear explanation for the gap. Our guide on legal remedies when a builder delays possession covers the reliefs you can seek.
Step-by-Step Checklist Before You File
- Identify the cause of action: the promised possession date, the offer of possession or the refusal to refund.
- Calculate how much time has passed since that date.
- Collect every demand letter, payment receipt and email that shows the builder kept the dispute alive.
- Check whether you seek refund, delay interest or compensation, since some tribunals treat compensation claims more strictly.
- Note any rulings of your state’s RERA tribunal on limitation, and cite the latest one.
- File the complaint in the prescribed form without further delay.
- If you lose, appeal within 60 days under Section 44.
FAQs on the Limitation Period for a RERA Complaint
Does the Limitation Act, 1963 apply to RERA complaints?
The Chhattisgarh High Court and the Haryana REAT say no. Some tribunals, such as the Tamil Nadu REAT, still apply it to compensation claims.
Can I file a RERA complaint after three years?
Yes, the Act sets no bar. However, a builder may still argue unreasonable delay, so explain any gap clearly.
Can I file a RERA complaint after taking possession?
Yes. The Haryana REAT held that possession or a conveyance deed does not end your right to claim delay interest.
When does the clock start for a delay claim?
Tribunals that apply a time limit usually count it from the promised possession date or the offer of possession.
What is the time limit for a RERA appeal?
Section 44 requires you to appeal within 60 days of receiving the order. The Tribunal can accept a late appeal for sufficient cause.
Lex Pleaders advises homebuyers, investors, banks and NBFCs on RERA complaints, refund and delay-interest claims, and appeals before RERA tribunals across Delhi NCR. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.