Homebuyers get their own claim form, and real estate insolvencies must follow RERA and put up site signboards
TaxByKK · Compliance News · taxbykk.com30 Oct 2026
In short
IBBI issued two circulars on 30 October 2026 for insolvency cases of real estate companies. The first revises Form CA so that homebuyers file their claims in a simpler part of their own. The second requires the IRP or RP to comply with RERA during the insolvency process, collect project records from the RERA portal, and display the start of insolvency at every project and office within seven days of appointment.
- Authority
- Insolvency and Bankruptcy Board of India (IBBI)
- Circulars
- IBBI/CIRP/109/2026 and IBBI/CIRP/110/2026, both dated 30 October 2026
- Type
- Circular
- Effective from
- 30 October 2026
- Law
- Insolvency and Bankruptcy Code, 2016, section 196; IBBI (CIRP) Regulations, 2016, regulation 8A; RERA Act, 2016
- Applies to
- Corporate insolvency resolution processes of companies with real estate projects
What changed
| Item | Before | Now |
|---|---|---|
| Claim form for financial creditors in a class (Form CA) | One form for all | Part I for other creditors in a class; Part II for real estate allottees (unit, payments, relief preferred) |
| RERA during insolvency | Not spelt out | IRP or RP must comply with the RERA Act and rules, and may invite RERA's written views on resolution plans |
| Telling buyers and visitors about the insolvency | No set method | Signboards at every project site and notice boards at every office within 7 days of appointment, kept till the process ends |
| Project records | From the company's own books | Collected from the RERA portal: registration, sanctioned plans, extensions, allottee records, separate bank account, approvals |
Claims already filed in the old Form CA need not be filed again. The homebuyer's choice of relief in Part II (possession, conveyance, refund or other) is for information only: it gives no right to that relief and does not bind the resolution applicant. The circulars follow the April 2026 report of IBBI's committee on insolvency in the real estate sector.
Who it applies to
- Homebuyers and other allottees of real estate companies in insolvency
- Insolvency professionals acting as IRP or RP, and their entities and agencies
- Committees of creditors and prospective resolution applicants for real estate companies
- RERA authorities and the lawyers and CAs advising homebuyers
What to do
- Homebuyers: file claims in Part II of the revised Form CA, with unit details, payment history and the relief you would prefer.
- IRPs/RPs: put up signboards at each project and notice boards at each office within 7 days of appointment, naming the IRP or RP and contact details.
- IRPs/RPs: download each project's records from the RERA portal and use them for the information memorandum and claim verification.
- RPs: consider inviting RERA's written views on resolution plans and place them before the CoC and resolution applicants.
Reference
IBBI Circular No. IBBI/CIRP/109/2026, 30 October 2026, Introduction of revised Form CA for filing of claims by real estate allottees (modifying IBBI/CIRP/94/2026 of 2 June 2026); IBBI Circular No. IBBI/CIRP/110/2026, 30 October 2026, Compliance with RERA for CDs having real estate projects and disclosure of CIRP at project and office sites of the CD.
Read the official PDF: Form CA circular Read the official PDF: RERA circularWritten by TaxByKK from the official notification. Check the official text before you act on it.
Frequently asked questions
Which form do homebuyers use to file claims in insolvency now?
The revised Form CA, Part II, introduced by IBBI Circular IBBI/CIRP/109/2026 on 30 October 2026.
Do homebuyers who already filed claims need to file again?
No. Claims filed in the earlier Form CA before 30 October 2026 need not be re-submitted.
Within how many days must the CIRP be displayed at the project site?
Within seven days of the IRP's or RP's appointment, on signboards at each project and notice boards at each office, until the process ends.
Does the relief a homebuyer chooses in Form CA bind the resolution plan?
No. It is for information only and does not give a right to that relief.