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Builder is asking for the next instalment, but construction hasn't reached that stage — what should I do?

Updated 5 October 2026 · Based on the RERA Act 2016 and MahaRERA’s rules · General information, not legal advice

Short answer

Pay what your registered agreement says is due — no earlier. On a construction-linked plan, an instalment is due only when the stage it's tied to is actually complete, so check the stage yourself and on MahaRERA, ask the builder for the architect's certificate for that stage, and reply in writing if it isn't done. Don't simply ignore a genuine demand: if the stage is complete, paying late can attract interest at the same rate the builder owes you for delays.

1. Check what your agreement actually says

Your registered agreement for sale has a payment schedule. On a construction-linked plan each instalment is tied to a stage (plinth, each slab, brickwork and so on). Under the RERA Act you must pay in the manner and within the time your agreement specifies (Section 19(6)) — and the builder can only ask for what the agreement allows.

2. Check whether the stage is really done

  • Visit the site or ask for dated photos of the stage being billed.
  • Look at the project's MahaRERA page: builders must update the project's status every quarter.
  • Ask the builder for the architect's certificate confirming the stage — builders already need architect, engineer and chartered-accountant certificates (Forms 1, 2 and 3) to withdraw buyers' money from the project account in proportion to work done.

3. Reply in writing

If the stage isn't complete, reply to the demand in writing: say which stage was billed, that it isn't complete, and that you'll pay as soon as it is, as your agreement provides. Keep the reply and any photos. If several buyers got the same early demand, replying together carries more weight.

4. If the builder threatens interest or cancellation

If the builder insists, or threatens to cancel your booking, you can file a complaint with MahaRERA under Section 31 with your agreement, the demand letter, your reply and evidence of the site's state.

How GharKundli helps

  • Check the project’s record — a GharKundli report pulls the project’s MahaRERA filings into one place: registration status, completion dates, complaints, construction progress and the builder’s other projects.
  • Act with the other buyers — join your project’s verified owners’ chat. If something serious is confirmed, we connect the owners who agreed to act together; your number is shared only with owners who also agreed.

Common questions

Can the builder charge me interest for paying late?

Yes, for a payment that was genuinely due: Section 19(7) of the RERA Act makes a buyer liable for interest on delayed payments, and in Maharashtra the rate is the SBI highest MCLR plus 2% (Rule 18) — the same rate the builder owes you for delays. That's why it matters whether the stage was actually reached.

How much can a builder take before the agreement is registered?

Section 13 of the RERA Act says a builder can't take more than 10% of the flat's cost as an advance or application fee before entering into a written agreement for sale.

What if my loan is under a subvention scheme?

Check the tripartite agreement between you, the bank and the builder: it says who pays what and when. If the builder stops paying its share, tell the bank in writing straight away and keep copies.

Also asked as

  • Builder slab ka payment maang raha hai par slab bana hi nahi
  • Construction-linked payment demanded early
  • Can the builder charge interest if I don't pay a demand letter?

Sources

This page explains the law in general terms. Every case is different — for a complaint or any legal step, speak to a lawyer experienced in RERA matters. GharKundli is not a law firm.

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