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Builder Delay & RERA for clients in Canada

Many Canadian NRIs booked flats in Mohali, Zirakpur, Gurugram or Bengaluru years ago and are still waiting, with payments made and no possession in sight.

Updated Reviewed by our legal team

Builder Delay & RERA for clients in Canada
In short

A buyer in Canada can file a RERA complaint against a builder 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 a Canadian notary or lawyer and apostilled. Hearings before most state authorities, including Punjab and Haryana RERA, can be attended by video.

Document route
Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
Time difference
IST is 9h30 (Ontario, summer) to 13h30 (British Columbia, winter) ahead
Law
Real Estate (Regulation and Development) Act 2016
Main remedy
Section 18: refund or delay interest

Builder Delay & RERA from Canada: how it works

We study the allotment letter, the builder-buyer agreement, the payment schedule and receipts, and the builder's correspondence. Key questions are the promised possession date, any extension the authority granted the project and whether the builder has obtained an occupancy certificate. We also look at orders already passed against the same builder. The complaint is drafted in the state's format and filed online, with your signature collected digitally where allowed or through apostilled originals.

At the hearing, the authority considers whether the builder is in default. If you want to withdraw, the usual order is a refund with interest at the prescribed rate from each payment date. If you want the flat, interest is ordered for the delay. Builders sometimes offer settlements once the complaint is filed. If the builder fails to pay, recovery proceedings can be taken as arrears of land revenue, and we pursue them.

What clients in Canada should know

  • Payments sent from Canada or your NRE account will be refunded through the same route, keeping them freely repatriable.
  • Interest received on a refund is income in India and must also be reported to the CRA as foreign income.
  • If the builder is under insolvency, a claim must be filed with the resolution professional within the time set in the public notice.

Step by step from Canada

  1. Video consultation

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

  2. Documents signed in Canada

    Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority

  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 Canada where needed.

The full guide

This page covers what changes when you are in Canada. 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 Canada 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 Canada

Does Punjab RERA allow video hearings?

Yes, Punjab RERA and most other state authorities hear matters online or in hybrid form.

Can I still complain if the builder gave possession late?

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

How long does a RERA case take?

Often six months to a year, depending on the authority's workload and whether the builder contests.

Tell us about your matter

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

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