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Builder Delay & RERA for clients in Australia

Indian-Australians who booked apartments in Bengaluru, Pune or the National Capital Region at expos in Melbourne and Sydney are among the many buyers waiting on delayed projects.

Updated Reviewed by our legal team

Builder Delay & RERA for clients in Australia
In short

A buyer in Australia can file a RERA complaint in India online, seeking a refund with interest or delay compensation until possession. You authorise us by a vakalatnama or power of attorney signed before an Australian notary with a DFAT apostille. Most state authorities hear complaints by video, so you can pursue the builder without travelling.

Document route
Australian notary public, then apostille from DFAT
Time difference
Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
Law
Real Estate (Regulation and Development) Act 2016
Main remedy
Section 18: refund or delay interest

Builder Delay & RERA from Australia: how it works

We review the booking form, builder-buyer agreement, payment schedule, receipts and any brochure promises. We check the project's RERA registration, its declared completion date, any extensions and previous orders against the builder. The complaint is filed online in the relevant state with your digitally signed or apostilled authorisation.

At the hearing, the authority examines the delay. If you want to exit, the usual order is a refund with interest at the prescribed rate from each payment date; if you stay, monthly interest until possession. Where the builder ignores the order, we pursue recovery as arrears of land revenue. If insolvency proceedings have begun, we file your claim with the resolution professional instead. Some buyers in Australia prefer a negotiated exit with a payment plan; we can negotiate that with the builder while the complaint is pending, so the order remains available if the builder defaults again.

What clients in Australia should know

  • Refunds of payments made from Australia or your NRE account come back through the same route and remain repatriable.
  • Interest received is taxable in India and should be declared to the ATO.
  • Keep copies of expo brochures and emails from sales agents; they can support claims about promised amenities.

Step by step from Australia

  1. Video consultation

    A call at a time that suits Australia, after we have read your documents.

  2. Documents signed in Australia

    Australian notary public, then apostille from DFAT

  3. Work in India

    Our team files, appears and follows up in India, and shares scans of everything filed.

  4. Result and handover

    Certified copies and originals are couriered to you in Australia where needed.

The full guide

This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Builder Delay & RERA, or see all services for clients in Australia and the NRI Property Law practice area.

Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.

Questions from clients in Australia

Can I file without visiting India?

Yes. Filing is online and hearings are generally by video.

What if the builder delivered late?

You can still claim interest for the period of delay after taking possession.

How long does a complaint take?

Often six months to a year, depending on the state authority's list and whether the builder contests the delay or argues that it was caused by events outside its control.

Tell us about your matter

Send the papers you have. We reply to clients in Australia within one working day.

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