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RERA and legal

Booking before RERA registration: what the law says

By Prime Picks | Space Decisions Realty · 23 October 2026

Buyers often hear that pre-launch is the best time to get a flat. It can offer choice, but it is also the stage with the least protection. The Real Estate (Regulation and Development) Act, 2016 contains two rules every buyer should know.

Rule 1: register before you sell

Section 3 says a promoter may not advertise, market, book, sell or offer for sale any apartment in a registered project area before registering the project with the Real Estate Regulatory Authority. In Maharashtra that authority is MahaRERA. Advertisements for registered projects are expected to carry the registration number.

What this means for you: ask for the project's registration number before you pay anything, then check it yourself on the MahaRERA website.

Rule 2: no more than 10% before the agreement

Section 13 says a promoter cannot accept more than 10% of the cost of the apartment as an advance or application fee without first signing a written agreement for sale, which must be registered. Any amount above 10% before that agreement is outside what the Act allows.

What this means for you: if you are asked to pay more than 10% of the price, ask for the written agreement first.

Two more protections worth knowing

  • Escrow. The Act requires promoters to keep 70% of the money collected from buyers in a separate account used only for that project.
  • Defects. Under Section 14(3), structural or workmanship defects reported within five years of possession must be fixed by the promoter free of charge.

What about pre-launch EOIs?

An expression of interest is usually described as a refundable, non-binding deposit rather than a booking. Whether any specific EOI complies with the Act depends on how it is structured and when the project is registered. We are not lawyers, and nothing here is legal advice. If an EOI is requested before a project number exists, ask a lawyer to read the terms.

A practical rule

Do not pay until you have three things: the project's RERA number, the written terms of the payment and a receipt in the developer's name. This website does not take payments.

For the current status at Lodha Wakad, where the project number is shown as coming soon, read our price and cost guide before committing.

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This note is general information for buyers, not legal, tax or financial advice. Figures for Lodha Wakad come from developer sales material and are indicative. Rates and rules change, so confirm current details with the developer, MahaRERA and a qualified professional.