contracts

Builder Buyer Agreement Template and Key Clauses (2026)

Adira EditorialLegal AI desk6 min read

What is a builder buyer agreement, and when do you need one? A builder buyer agreement (BBA), known under RERA as the agreement for sale, is the contract between a real-estate developer (the promoter) and a buyer (the allottee) for the purchase of an apartment, plot or building in a project. It records exactly what is being sold, usually by carpet area, the total price and the payment schedule, the committed date of possession, the specifications and amenities, and the rights and remedies of each side, including what happens if the developer delays. In India, its contents are heavily shaped by the Real Estate (Regulation and Development) Act, 2016 (RERA), which was enacted to protect home buyers and bring transparency to the sector. You need one before you commit serious money to an under-construction property. Under RERA, a promoter cannot accept more than ten per cent of the cost of the apartment, plot or building as an advance or application fee without first entering into a written, registered agreement for sale. So the agreement is not just paperwork, it is the legal trigger that must come before most of your money changes hands. A fair, RERA-compliant agreement protects the buyer on carpet area, price, possession date and defect liability; a one-sided developer draft can strip those protections away, which is why reading it carefully matters. This article is general guidance, not legal advice. Real-estate law, including RERA, is applied through state rules that vary, so have a qualified professional review any agreement before you sign. ## Builder buyer agreement (agreement for sale) template Copy the block below and fill the bracketed fields. State RERA rules prescribe model forms, so check your state's model agreement as well. ```

AGREEMENT FOR SALE (BUILDER BUYER AGREEMENT) This Agreement for Sale ("Agreement") is made on [DATE] BETWEEN: [PROMOTER / DEVELOPER NAME], [RERA registration no.], [address] ("Promoter") AND [BUYER NAME], [address] ("Allottee") 1. THE PROJECT AND REGISTRATION The Project "[name]" at [location] is registered under RERA with registration no. [number], valid up to [date]. 2. THE APARTMENT / PLOT The Promoter sells to the Allottee Unit no. [number], [floor/block], with a carpet area of [X] sq. ft (as defined under RERA), together with [parking, common areas, proportionate share]. 3. TOTAL PRICE The total price is [amount], being [carpet-area rate] plus [listed charges]. The price is firm and based on carpet area; it may change only as this Agreement and RERA allow. 4. PAYMENT SCHEDULE The Allottee pays per the construction-linked schedule in Schedule 1. [No demand may require payment ahead of the stage of construction reached.] 5. POSSESSION The Promoter will hand over possession of the Unit by [DATE], after obtaining the completion / occupancy certificate. 6. DELAY IN POSSESSION If the Promoter fails to give possession by the committed date (subject to permitted extensions), the Allottee may [withdraw and get a refund with interest] or [continue and receive interest for the delay], at the rate RERA prescribes. 7. CARPET AREA ADJUSTMENT If the carpet area changes on final measurement, the price is adjusted proportionately; any reduction is refunded [with interest] and any increase is capped and billed at the original rate, as RERA allows. 8. DEFECT LIABILITY If a structural defect or defect in workmanship, quality or services is brought to the Promoter's notice within the period RERA prescribes after possession, the Promoter will rectify it at no charge. 9. CONVEYANCE AND ASSOCIATION The Promoter will execute the conveyance deed and form / hand over to the allottees' association within the time RERA and state rules require. 10. OBLIGATIONS AND TRANSFER The Allottee will pay on time and use the Unit as permitted. [Terms on assignment / transfer of the booking.] 11. DEFAULT AND TERMINATION Consequences of default by either side, consistent with RERA. 12. GOVERNING LAW AND DISPUTES This Agreement is governed by Indian law and RERA; disputes go to the RERA authority / adjudicating officer and appellate tribunal, as the Act provides. Signed for the Promoter: __________ Signed by the Allottee: __________ Name / title / date Name / date SCHEDULE 1 - Construction-linked payment schedule SCHEDULE 2 - Specifications and amenities

- **Carpet area (clauses 2 and 7).** RERA requires sales to be based on carpet area, the net usable floor area, not super built-up area. Check the figure, and the adjustment clause that refunds you if the final area is smaller.
- **Payment schedule (clause 4).** Payments should be linked to construction stages, and no more than ten per cent should be due before the registered agreement is signed. A demand for money ahead of the stage reached is a warning sign.
- **Possession and delay (clauses 5 and 6).** The committed possession date and the remedy for delay are the clauses buyers most need. RERA gives the allottee a right to a refund with interest, or interest for the delay if they continue, so make sure the agreement reflects this and does not water it down.
- **Defect liability (clause 8).** RERA gives buyers a defect-liability right for a prescribed period after possession. Keep this in; developer drafts sometimes shorten or remove it. ## Common mistakes to avoid - Paying more than ten per cent before a written, registered agreement for sale exists.
- Accepting a price based on super built-up area instead of carpet area.
- Signing a draft where the developer's exit terms are generous but the buyer's delay remedy is weak or missing.
- Not verifying the project's RERA registration and its validity date.
- Agreeing to take possession of an incomplete unit before the completion or occupancy certificate is issued. ## A note on jurisdiction and state rules The builder buyer agreement is an India-specific contract shaped by RERA, and even within India the detail varies by state. The Real Estate (Regulation and Development) Act, 2016 is a central law, but it is implemented through rules made by each state and union territory, and most states prescribe their own model agreement for sale. Key protections are set at the central level: the ten-per-cent cap under section 13 before a registered agreement, carpet-area-based sale, the delay remedy with interest, and the defect-liability right. But the model form, the prescribed interest rate, timelines and the registration and stamp-duty treatment are set at state level and differ. Because an agreement to sell may need to be registered under section 13, and stamp duty varies by state, confirm the registration and stamp-duty position for the state where the project sits. Treat the model form and state-specific rules as varying by state, and check your state RERA authority. This is a domestic Indian framework and does not map onto property purchase in other countries, which have their own systems. Last verified October 2026. ## Where a contract workspace helps A builder buyer agreement carries RERA protections, a carpet-area basis, a delay remedy, possession dates and defect-liability periods, each of which needs checking and then tracking long after signing. Drafting, reviewing, tracking and governing a builder buyer agreement can live in one AI workspace tuned to how you buy or sell units, with the clauses linked so a weakened RERA protection stands out and possession and defect-liability dates stay in view. [Adira](https://adiralaw.com) is one tool built around that single-workspace idea for property agreements like this one. This template and the RERA notes are enough to understand the agreement on their own.

Frequently asked questions

What is the ten per cent rule in a builder buyer agreement?
Under section 13 of the Real Estate (Regulation and Development) Act, 2016, a promoter cannot accept more than ten per cent of the cost of the apartment, plot or building as an advance payment or application fee from a buyer without first entering into a written agreement for sale and registering it. In practice this means you should not pay more than ten per cent before a registered agreement exists, and a demand for more before that stage is a red flag.
Should a builder buyer agreement use carpet area or super built-up area?
Carpet area. RERA requires sales to be based on carpet area, which is the net usable floor area of the apartment, rather than the older super built-up area that included a share of common spaces and inflated the figure. The agreement should state the carpet area and include an adjustment clause so that if the final measured carpet area is smaller, you are refunded proportionately. Pricing on super built-up area is not consistent with RERA.
What can a buyer do if the builder delays possession?
Under RERA, if the promoter fails to hand over possession by the committed date, the allottee generally has a choice: withdraw from the project and get a refund of the amount paid with interest, or continue and receive interest from the promoter for every month of delay until possession. The interest rate is prescribed under the state RERA rules. The agreement should reflect this remedy, and buyers should be wary of drafts that weaken or remove it.
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