If you bought a flat in Patna, Muzaffarpur, Gaya, or Bhagalpur and your builder has missed the possession date in your agreement, you have a direct, time-bound route to compensation through the Bihar Real Estate Regulatory Authority (BiharRERA). Most guides online cover RERA in general, pan-India terms. Very few walk through the Bihar-specific portal, forms, and office you'll actually be dealing with — this one does.
This is general information, not legal advice. Verify current rates and procedural details on rera.bihar.gov.in or with a RERA advocate before filing.
What Counts as a Delay Under RERA
The date that matters is the possession date committed in your registered Agreement for Sale — not any informal timeline a sales executive gave you. A delay exists once that date has passed and the builder hasn't handed over legal and physical possession, meaning both the keys and the Occupancy Certificate (OC) or Completion Certificate (CC). An offer of possession without these certificates does not stop the delay clock, regardless of what the builder's letter claims.
One important exception: a genuine force majeure event (natural disaster, government-ordered stoppage, and similar situations truly beyond the builder's control) can extend the timeline — but the builder is still required to notify you in writing and seek an extension, not simply push the date back unilaterally.
Your Two Options Under Section 18
Once a delay is confirmed, Section 18 of the RERA Act gives you a choice:
- Withdraw and claim a full refund with interest — best if the project is stalled, the builder is unresponsive, or you've lost confidence it will complete.
- Stay invested and claim monthly interest on the amount you've paid, for every month of delay until you actually get possession — best if the project is close to completion and you still want the flat.
A detail many buyers miss: choosing to take possession does not waive your right to the delay compensation that already accrued. You can accept the keys and still pursue the interest owed for the months you waited. Don't let a builder's possession letter talk you out of this.
For a detailed walkthrough of how this interest is actually calculated — including a worked example with the exact formula — see our step-by-step RERA delay interest guide.
How the Interest Is Calculated
Under Section 18, delay interest is calculated on the total amount you've paid to the builder (not just the base price) at the SBI Marginal Cost of Lending Rate (MCLR) + 2% per annum, running from the day after your committed possession date until actual possession or refund. This benchmark applies reciprocally — the same rate a builder owes you for delay is what you'd owe them for late payments.
Because SBI's MCLR moves periodically, the exact rupee figure depends on your total payments, the number of delayed months, and the MCLR in effect during that period. Rather than doing this by hand, run your numbers through our RERA Delay Interest Calculator — enter what you've paid and your delay period, and it'll compute the compensation range for you.
Step-by-Step: Filing a Complaint with BiharRERA
BiharRERA's process runs entirely through its own portal, separate from the national RERA framework:
- Check your project's RERA status. Go to rera.bihar.gov.in, search "Registered Projects" by name or registration number, and see if it's listed. If it is unregistered but eligible for registration, you can still file a complaint for non-registration along with your delay claim.
- Choose the right form. BiharRERA complaints go through one of two routes:
- Form M — a general complaint to the Authority under Section 31 (registration issues, non-compliance, agent disputes, etc.)
- Form N — filed directly with the Adjudicating Officer for compensation and interest claims under Sections 12, 14, 18, and 19. For a possession delay compensation claim, Form N is the direct route.
- Register as a complainant on the portal (KYC with Aadhaar and PAN) at the complaint registration page.
- Fill in the complaint details — your information, the builder's/respondent's details, the project's RERA registration number, and the specific relief you're seeking (refund with interest, or ongoing monthly interest).
- Attach your documents: the registered Agreement for Sale, all payment receipts, any written communication with the builder about the delay, and the possession offer letter (if one was issued).
- Pay the filing fee — ₹1,000, payable through the portal's payment gateway.
- Submit and retain your complaint reference number. You'll need this to track your case on the BiharRERA cause list.
What Happens After You File
Once filed, BiharRERA issues a notice to the promoter — typically within 30–60 days — and schedules a hearing, either at the BiharRERA office in Patna or via video conference. Both sides present their case, and the Adjudicating Officer (who holds the rank of a District Judge) decides the matter.
The Act sets a 60-day target for a decision under Section 71. In practice, be realistic: BiharRERA's actual disposal timelines for routine complaints have tended to run 9–16 months, particularly with appeals factored in. If the builder disputes the order, they can appeal to the RERA Appellate Tribunal — but only after depositing at least 30% of the awarded amount, which discourages frivolous appeals and works in your favor as a complainant.
If BiharRERA rules in your favor and the builder still doesn't pay, you can file for execution of the order with the same authority, or escalate to the Appellate Tribunal for enforcement.
BiharRERA office (for reference or in-person filing queries):
6th Floor, Bihar State Building Construction Corporation Campus, Hospital Road, Shastri Nagar, Patna – 800023
Frequently Asked Questions
What interest rate applies to RERA delay compensation in Bihar?
The standard Section 18 mechanism applies: SBI MCLR + 2% per annum, calculated on your total amount paid. This moves with SBI's rate, so check the current figure or use a calculator rather than relying on an old number.
How long does a BiharRERA complaint actually take?
The Act targets 60 days, but real-world disposal for routine complaints has typically run 9–16 months. Filing early — as soon as the delay starts, rather than waiting — preserves a longer compensation period and gets you into the queue sooner.
Can I claim compensation if I've already accepted possession?
Yes. Accepting possession does not waive your right to claim interest for the period of delay that already occurred before handover.
What does it cost to file a complaint with RERA Bihar?
₹1,000, paid through the BiharRERA portal at the time of filing.
Do I need a lawyer to file?
Not mandatory — the portal is designed for complainants to file directly. That said, if the project looks stalled rather than simply delayed, or the builder is disputing registration status, a RERA-experienced advocate is worth engaging.
Is my project covered if it isn't RERA-registered?
No — RERA's jurisdiction also extends to unregistered projects that are legally required to be registered. You can file a complaint with the RERA authority for the builder's failure to register the project.
Want to know exactly how much you're owed before you file? Use the RERA Delay Interest Calculator to work out your compensation based on your actual payments and delay period.
For a comprehensive overview of RERA compensation rights across all states — including Section 18 explained, interest rate details, how to file a complaint, and key Supreme Court rulings — read our complete guide to RERA compensation for delay in possession.