RERA Section 19: Rights and Duties of a Flat Buyer in Bangalore
Section 19 of the Real Estate (Regulation and Development) Act, 2016 is the one section written about the buyer, whom the Act calls the allottee. Its eleven sub-sections give five rights and place five duties on anyone buying a flat, villa or plot in a registered project. This guide sets out each of them for buyers in Bangalore, with the related Karnataka rules and the points where buyers most often slip.
Section 19 at a Glance
The first five sub-sections are rights and the remaining six deal with duties. The table lists them in the order of the Act.
| Sub-section | Right or duty | What it covers |
|---|---|---|
| 19(1) | Right | Sanctioned plans, layout plans and approved specifications |
| 19(2) | Right | Stage-wise schedule of completion, including water, sanitation and electricity |
| 19(3) | Right | Possession of the home; common areas go to the association |
| 19(4) | Right | Refund with interest and compensation when possession fails |
| 19(5) | Right | Documents and plans after possession, including those of common areas |
| 19(6) | Duty | Payments on time, with the buyer's share of charges and taxes |
| 19(7) and 19(8) | Duty | Interest on late payments, unless reduced by mutual agreement |
| 19(9) | Duty | Taking part in forming the association of allottees |
| 19(10) | Duty | Taking physical possession within two months of the occupancy certificate |
| 19(11) | Duty | Taking part in registering the conveyance deed |
The Right to Plans and a Schedule
A buyer is entitled to the sanctioned plans, the layout plans and the specifications approved by the competent authority. The entitlement extends to any other information the Act, the rules or the agreement for sale provide for. Section 11(3) backs this from the promoter's side: at booking and allotment, the plans and specifications must be made available, including by display at the site.
The second right is to a stage-wise time schedule of completion. It covers the building and also the services agreed in the contract, such as water, sanitation and electricity. A dated copy of this schedule, taken at booking, is the measure against which later progress is judged.
Both requests are best made by email soon after booking. The sanctioned plan shows whether the tower, the floor count and the open spaces match the sales material. The schedule shows whether a revised date is a real delay or the original commitment.
The Right to Possession, Refund and Documents
Under section 19(3), the buyer may claim possession of the home, and the association of allottees may claim possession of the common areas. Both follow the completion period the promoter declared at registration. Possession here means a lawful handover, which in Karnataka follows the occupancy certificate.
Section 19(4) covers failure. A buyer may claim a refund with interest and compensation where the promoter fails to give possession as the agreement for sale requires. The same applies where the promoter's business stops because the registration was suspended or revoked. Section 18 adds the alternative of staying in the project and receiving interest for every month of delay.
After handover, section 19(5) entitles the buyer to the necessary documents and plans, including those of the common areas. In practice the set to collect includes:
- The registered sale deed and the possession letter.
- A copy of the occupancy certificate and the sanctioned plan.
- The khata papers, tax receipts and utility connection records for the unit.
- Warranties and service drawings for electrical and plumbing lines.
The possession date in these papers also starts the five-year period under section 14(3). During that period the promoter must rectify structural and workmanship defects within thirty days of being told, at no charge.
The Duty to Pay on Time
Section 19(6) makes the buyer responsible for every payment in the manner and within the time set by the agreement for sale. The duty goes beyond the instalments. It includes the buyer's share of registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent and other charges.
Late payment carries interest under section 19(7). The Act keeps the rate even on both sides: a buyer in default pays the promoter the same rate the promoter would pay the buyer. In Karnataka that rate is the State Bank of India's highest marginal cost of lending rate plus 2%. Section 19(8) allows the promoter and the buyer to reduce these obligations by mutual agreement.
Holding back an instalment as a protest against slow construction is a common mistake. The promoter may cancel an allotment under section 11(5) when the agreement for sale permits it, and repeated default is the usual ground. A buyer facing a delay is better served by paying what is due under the agreement and claiming interest through K-RERA.
The agreement normally links each instalment to a construction stage. A demand raised before its stage is reached may be questioned in writing, with a request for proof of the milestone. That is a query about whether the amount is due, and it is very different from refusing a payment that is due.
The Duty to Take Possession
Section 19(10) requires the buyer to take physical possession within two months of the occupancy certificate being issued for the home. Buyers often delay this step while disputing a defect or a final demand. The delay tends to cost them, because holding and maintenance charges often begin from the date in the possession notice.
A safer course is to inspect the home, record every defect in writing and then take possession. The defect liability period and the right to claim delay interest both remain available after the keys are collected. A possession offer made without an occupancy certificate is a different matter, and the two-month period has no starting point without that certificate.
The Association and the Conveyance Deed
Section 19(9) asks every buyer to take part in forming the association, society or co-operative society of allottees. The promoter has a matching duty under section 11(4)(e) to enable its formation. The association is the body that receives the common areas, takes over maintenance and speaks for owners before the Authority.
Section 19(11) asks the buyer to take part in registering the conveyance deed described in section 17. The promoter must execute a registered deed for the home in the buyer's favour, and convey the common areas to the association. Where local law sets no period, the Act requires this within three months of the occupancy certificate. A buyer who postpones registration to defer stamp duty stays without title for that time.
Where a Section 19 Dispute Is Decided
Complaints go to the Karnataka Real Estate Regulatory Authority (K-RERA) under section 31, filed online. The Authority decides possession, refund and interest. Compensation under section 19 is assessed by an adjudicating officer appointed under section 71, who is a serving or former District Judge.
The consumer commission remains an alternative forum, though the same dispute cannot be pursued in both. Whichever forum is chosen, the record carries the case. A buyer who asked for plans in writing, paid on schedule and kept every receipt is in a far stronger position than one relying on recollection.
A Stage-by-Stage Checklist
The rights and duties fall into place at four points in a purchase:
- At booking: ask by email for the sanctioned plan, layout plan, specifications and the stage-wise completion schedule.
- During construction: pay each instalment when its stage is reached, keep dated proof and track progress on the K-RERA portal.
- At the occupancy certificate: inspect, list defects in writing, take possession within two months and collect the documents.
- After possession: register the sale deed, join the association and follow up on the handover of common areas.
Monthly outgo is easier to plan once the instalment dates are known, and the EMI calculator helps set the loan figures against that schedule. For help reading the K-RERA record of a project before booking, reach us through the contact page.
