Pre-Launch Booking in Gurugram: Approvals to See Before EOI

By ADiHomes Updated October 22, 2026 13 min read

Contents

A sales executive calls about a “pre-launch” tower in Gurugram. The price looks lower than anything on the market. All you need to do is pay an expression of interest (EOI) amount this week. Many buyers say yes before asking one basic question: does the project have the approvals that make it legal to sell?

This guide explains how RERA treats a pre launch project in Gurgaon. It compares refundable and non-refundable EOIs, and lists the approvals to see before money leaves your account. It is general information, not legal advice. For a large payment, have a property lawyer read the documents.

What “pre-launch” and “EOI” actually mean

“Pre-launch” is a marketing term, not a legal category. It usually means a developer is inviting interest in a project before the formal launch. In Gurugram that often means before the project is registered with the Haryana Real Estate Regulatory Authority (HRERA).

An EOI is the money or form that records your interest. Builders often say it is not a booking. Whether that is true depends on the written terms and on what you get in return. A receipt that gives you a priority slot or a fixed unit looks more like a booking than a plain “please contact me” form.

What RERA says about pre-launch sales

Section 3: register first, sell later

Section 3 of the RERA Act, 2016 is the starting point. As HRERA Gurugram’s own directions on advertising quote it, no promoter may advertise, market, book, sell or offer for sale a plot, apartment or building, or invite people to purchase in any manner, without registering the project with the Authority. The Act has no “pre-launch” exemption.

The same HRERA directions say any information about a project counts as an advertisement. They also say advertisements should carry the registration number and the Authority’s website address. A brochure, WhatsApp forward or hoarding with no RERA number is therefore a warning sign.

Which projects must register

In Haryana, registration is required for projects with land above 500 square metres or more than eight apartments. Small projects below those thresholds may be exempt. Most group-housing projects and large builder-floor developments are well above them.

Is an EOI covered by Section 3?

This is where the position is less clear, and you should know that before you pay.

Section 3 does not mention EOIs by name. Some legal commentators argue that collecting EOIs still amounts to inviting people to purchase, which Section 3 prohibits.
One industry compliance guide says MahaRERA (Maharashtra’s regulator) held in a case involving a developer that an EOI campaign was marketing under Section 3. That is a Maharashtra decision and does not bind HRERA.
Other writers describe the position as a grey area. Developers argue that a refundable EOI only records interest and is not a sale.

We could not find a specific HRERA Gurugram ruling that settles whether a refundable EOI is lawful. Treat the question as unsettled. Do not assume an EOI is safe just because many developers use them.

What happens if a promoter breaks Section 3

Under Section 59, a promoter who contravenes Section 3 can face a penalty of up to 10% of the project’s estimated cost, as set by the Authority. Continued violation can bring up to three years’ imprisonment, a further fine of up to 10%, or both.

Those penalties fall on the promoter. They do not directly return your money. That is why the safest approach is to avoid paying until the legal basis is clear.

The 10% rule: how much can be taken before an agreement?

Section 13 limits what a promoter can accept before a written agreement for sale. The cap is 10% of the cost of the apartment, plot or building, counting any advance or application fee. Beyond that, the promoter must first sign a written agreement for sale and register it under the Registration Act, 1908.

Worked example: A flat is priced at ₹1.8 crore.

Maximum advance before a registered agreement: 10% of ₹1,80,00,000 = ₹18 lakh.
If you have already paid a ₹5 lakh EOI and it counts toward the booking, the promoter can collect at most another ₹13 lakh before the agreement is signed and registered.
If the sales desk asks for ₹30 lakh (about 17%) to “hold” the unit, that is above the cap. Ask for the registered agreement first.

Ask in writing whether the EOI will be adjusted against the booking amount. If it is, it counts toward the 10% ceiling.

Refundable vs non-refundable EOI: how they differ

The label on the form matters less than the written terms. Before you pay, clarify whether the initial payment is fully refundable, partly refundable or non-refundable. These carry very different levels of financial exposure if the timeline slips.

Feature	Fully refundable EOI	Partly refundable token	Non-refundable token
Money at risk	Low, if the refund is honoured	The non-refundable portion	The whole amount
What to get in writing	Refund deadline, trigger (for example, project not registered by a stated date), payment mode	Exact deduction in rupees or percent, and when it applies	Why it cannot be returned and what you receive for it
Main risk	Your money is blocked, and delays in the refund	Disputes over the deduction	Loss if the project is delayed, changed or never registered
Should you pay before HRERA registration?	Only with documented terms, and with the legal doubt above in mind	Not advisable	Not advisable

We could not confirm a specific Haryana rule on how much of a token a builder may deduct if you withdraw. If a form mentions forfeiture, get the exact clause explained by a lawyer before you pay.

Worked example of blocked money: You pay a ₹5 lakh “refundable” EOI. The promised registration date slips by six months, and the refund then takes another two months. Your ₹5 lakh is out of use for about eight months. The refund itself may not include any interest unless the receipt says so. Ask whether the refund is with or without interest.

The minimum approvals to see before you pay

Do not rely on a brochure line such as “all approvals in place”. A broker’s “DTCP approved” claim is not proof. Check the actual documents and the official records.

HRERA’s own registration documents show what a Gurugram group-housing project needs. These include the DTCP licence, the zoning plan, the building plan approval, the environmental clearance, and the fire scheme and airport height approvals. Use the table below as your checklist.

Approval or document	What it tells you	Where to check
HRERA registration certificate	The project is legally registered. Check the number, promoter name, validity dates and approved plans.	HRERA Gurugram project search on haryanarera.gov.in
DTCP licence and schedule of land	The land is licensed for the colony or housing project. The licence holder and validity should match the promoter.	Registration page on the HRERA portal. Ask for the licence copy.
Zoning plan and building plan approval	What can be built, and where	HRERA registration file. Ask for the memo numbers and dates.
Environmental clearance	Required for larger projects. Check whether it is granted or only applied for.	Statutory approvals table in the HRERA file
Fire scheme approval, airport height clearance, service plan and estimates	Safety, height and services approvals	Same table. Note any “to be submitted” conditions.
Title and developer rights	Whether the promoter owns the land, or holds it through a registered collaboration or joint development agreement and power of attorney	HRERA file and a lawyer’s title check
RERA designated bank account	Where your money will go once the project is registered	Registration details and the promoter’s disclosures
Draft allotment letter and draft agreement	The terms you will be asked to sign	Ask for them. Promoters file drafts with HRERA at registration.

“Applied for” is not the same as “granted”

HRERA registration files show this clearly. In one Gurugram registration order, the environment clearance was listed only as applied for. In another, the promoter was given three months after registration to submit the fire scheme approval, airport height clearance and service plan with estimates.

So even a registered project may have approvals still pending. Read the status column of each approval carefully.

Why the 70% escrow matters

After registration, a promoter must keep 70% of the money collected from buyers in a separate account, to be used for construction and land costs. This protection applies to registered projects. It is one reason to prefer waiting for registration.

A step-by-step check before you pay

Ask for the HRERA registration number. If the answer is “applied” or “coming soon”, treat any payment as high risk.
Search the HRERA Gurugram portal yourself. Use the project name, the promoter name or the registration number. Confirm the promoter on the certificate matches the entity named on your receipt.
Open the approvals table. Note which approvals are granted, which are only applied for, and the validity dates.
Get the EOI terms in writing. You need the amount, whether it is refundable, the refund deadline, whether interest is paid, and whether it is adjusted against the price.
Check the payment mode. Pay by traceable bank transfer or cheque, in the name of the promoter entity or its designated account. Avoid cash or payment to a broker’s account.
Read the draft agreement. Look at the carpet area, possession date, payment schedule, delay interest and cancellation terms.
Verify the agent. Agents must also be registered with HRERA.

If you are comparing options, you can browse new projects in Gurugram and use the projects listing to filter by city and builder. Then run the checks above on each shortlisted project. For a sense of corridors and sectors, our Gurugram guide and the new projects on Dwarka Expressway page are a starting point.

Red flags that should make you pause

No RERA number on the brochure, ad or price list.
A “hurry, limited slots” push to pay before you can read the terms.
A “refundable” EOI with no refund clause on paper.
A demand above 10% with no registered agreement.
The name on the receipt differs from the name on the licence or the RERA certificate.
A land purchase announced in the news, treated as if it were a launch. A land deal is not a registered project.

What if things go wrong?

You can file a complaint with HRERA. Section 31 of the Act lets buyers complain against promoters, agents and others. For a registered project with a registered agreement, Section 18 lets you take a refund with interest if possession is delayed. The other option is to stay and receive interest for each month of delay.

In Haryana, the prescribed interest is SBI’s highest MCLR plus 2%. The MCLR changes, so the exact rate changes too. Published estimates for 2026 are roughly 10.8% to 11.1% a year. Check the current figure before relying on it.

Illustrative example (rate assumed at 11%): You have paid ₹18 lakh under a registered agreement. Possession is two years late and you withdraw. Simple interest on ₹18 lakh at 11% for two years is about ₹3.96 lakh, on top of the ₹18 lakh refund. Interest is calculated on the amounts actually paid, from the date of each payment.

Winning an order is not the same as being paid. In October 2026, Gurugram’s district administration began recovery action against 71 builders who had not paid RERA fines and refunds. Reports put the pending amount at different figures, ₹446 crore in one and ₹486 crore in another. Many recovery certificates had been pending for years. A refund order can take a long time to turn into cash, so avoid paying before the legal footing is clear.

A cautious approach to pre-launch bookings

Best case: wait for HRERA registration, then pay the booking amount against a clear draft agreement.
If you do pay an EOI: keep it small, in writing, refundable, and traceable. Be ready to lose access to the money for a while.
Do not pay large sums or sign non-refundable terms before registration.

Lower prices at pre-launch are a sales claim, not a guarantee. Compare the offer with registered projects nearby, and judge the home on its price, location, builder record and your budget. Our Gurugram guide can help with the location side.

Bottom line

The law says a project must be registered before it is advertised, booked or sold. It also caps what can be taken before a registered agreement at 10%. Whether a refundable EOI is lawful is not settled, so take care. Check the HRERA certificate, the DTCP licence, the zoning and building approvals, and the status of the environmental, fire and airport approvals. Then get every payment term in writing.

Frequently asked questions

Is a pre-launch booking legal in Gurugram?

Section 3 of the RERA Act bars promoters from advertising, marketing, booking or selling a project before it is registered, and it has no pre-launch exemption. Whether a purely refundable EOI breaches that rule is debated, and we could not find a specific HRERA ruling that settles it.

How much can a builder take before signing the agreement for sale?

Under Section 13, a promoter cannot accept more than 10% of the property's cost as an advance or application fee without a written, registered agreement for sale. On a ₹1.8 crore flat, that cap is ₹18 lakh.

Is an EOI amount always refundable?

No. Whether it is refundable depends entirely on the written terms of the form or receipt. Get the refund conditions, deadline and any deduction in writing before paying.

Which approvals should I see before paying an EOI?

At minimum, check the HRERA registration certificate, the DTCP licence, the zoning plan and building plan approvals, and whether environmental clearance, fire scheme and airport height approvals are granted or only applied for. Also confirm that the promoter on the certificate matches the entity taking your money.

How do I check if a Gurugram project is RERA registered?

Open haryanarera.gov.in, choose the Gurugram authority, and search by project name, promoter name or registration number. Check the validity dates and the approved plans, and compare the promoter name with your receipt.

What can I do if the project never gets registered or the refund is delayed?

You can file a complaint with HRERA under Section 31 and keep all receipts, messages and brochures as evidence. Be aware that recovering money after an order can take years in Gurugram, as recent recovery action against defaulting builders shows.

Does RERA registration mean a project is risk-free?

No. Registration gives you rights such as the 70% escrow rule and a regulator to complain to, but approvals may still be pending and delays can still happen. You still need to read the agreement and check the approvals table.

Sources

Updated 20 October 2026. This article is general information, not legal or financial advice; check current rules and project details before you decide.

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