Definition
A person to whom a plot, apartment, or building has been allotted, sold, or otherwise transferred by a promoter under a RERA-registered real estate project — with specific statutory rights against the promoter.
Under the Real Estate (Regulation and Development) Act, 2016 (RERA), an 'allottee' is the buyer of a unit in a RERA-registered project. RERA gives allottees specific rights: (a) right to obtain information about the approved plans, layout plan, government approvals, and proforma of the agreement (Section 11(3)(a)); (b) right to obtain stage-wise completion certificate (Section 19(5)); (c) right to claim possession of the unit as per the agreement; (d) right to claim refund with interest (currently 2% above MCLR/SBI PLR) if the project is delayed; and (e) right to refer disputes to the Real Estate Regulatory Authority (RERA authority) and the Real Estate Appellate Tribunal.
Statutory Definition
Section 2(d), Real Estate (Regulation and Development) Act, 2016: 'allottee' in relation to a real estate project, means the person to whom a plot, apartment or building, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent.
Etymology & Origin
From 'allot' (from Old French 'aloter' — to assign by lot, to distribute shares) + '-ee' (recipient suffix). An allottee is the person to whom a real estate unit is 'allotted' — assigned or distributed by the promoter/developer.
Full Legal Analysis
Allottee: The Home Buyer Protected by RERA
Before RERA (2016), Indian home buyers were largely unprotected — developers could delay projects for years, change project specifications, and refuse refunds with impunity. RERA transformed this by creating the 'allottee' as a recognised legal class with specific statutory rights, an independent regulator (RERA Authority), and an appellate tribunal. The allottee now has real remedies against project delay, specification changes, and title defects.
Allottee’s Key Rights Under RERA
(a) Right to information (Section 11(3)(a)): Promoter must provide all approved plans, specifications, and government approvals. (b) Right to stage-wise completion certificate (Section 19(5)): Promoter must provide occupation and completion certificates at each stage — allottee can inspect progress. (c) Right to possession: Promoter must deliver possession on the date specified in the agreement — delay triggers compensation. (d) Right to refund (Section 18): If the promoter fails to complete or hand over possession on time, the allottee may seek refund of all amounts paid with interest at the rate specified by the State RERA (typically SBI MCLR + 2%). (e) Right to claim compensation: For loss caused by incorrect information given by the promoter or defective title.
Responsibilities of the Allottee: Section 19(4)
RERA also imposes obligations on allottees: (a) make payments on time as per the agreement — delay attracts the same rate of interest as the promoter's liability for delay; (b) take possession within 2 months of obtaining occupation certificate; (c) participate in formation of Residents' Welfare Association. This mutuality of obligations (unlike the old consumer protection model where only the developer had duties) is a distinctive RERA feature.
“RERA created the 'allottee' as a legal person with rights — not merely a 'consumer' but a specific class of person with a statutory relationship with their developer. The law now stands between the home buyer and the developer, enforcing the agreement with the regulator’s authority.”
This Term in Indian Statutes
Real Estate (Regulation and Development) Act, 2016, 2016
"'allottee' in relation to a real estate project, means the person to whom a plot, apartment or building, as the case may be, has been allotted, sold or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise."
Statutory definition of allottee — buyer of RERA-registered project unit with specific rights
