Guide to RERA Maharashtra (MAHARERA)

by  Adv. Deepak Pandey  

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Empowering Homebuyers: Understanding MAHARERA's Impact on Maharashtra's Real Estate

MAHARERA stands for Maharashtra Real Estate Regulatory Authority. It’s the governing body responsible for implementing the Real Estate (Regulation and Development) Act (RERA) in the state of Maharashtra.

What RERA Does:

  • Protects Homebuyers: RERA ensures transparency and accountability in the real estate sector by safeguarding the interests of homebuyers.
  • Regulates Developers: RERA mandates developers to register their projects, adhere to construction timelines, and provide accurate information to buyers.
  • Promotes Fair Practices: RERA discourages malpractices like misleading information, delays in possession, and unfair contractual terms.

Key Benefits of RERA for Homebuyers:

  • Increased Transparency: Access to project details, carpet area focus, and standardized sale agreements.
  • Financial Security: The escrow account safeguards a portion of the buyer’s payments for project completion.
  • Faster Dispute Resolution: Streamlined process for addressing grievances against developers.

How RERA Functions:

  • Project Registration: Developers must register their projects with MahaRERA, making project information publicly available.
  • Standardized Agreements: Use of a uniform format for sale agreements outlining the rights and responsibilities of both parties.
  • Grievance Redressal: A mechanism for resolving disputes between buyers and developers through adjudicating officers and appellate tribunals.

Latest News from MahaRERA

March 6, 2024: MahaRERA Extends Completion Deadlines for 541 Housing Projects

In a move to benefit homebuyers, MahaRERA has granted extensions for the completion of  541 housing projects across the state. This initiative follows consultations with homebuyers associated with these projects to ensure their consent. The decision aligns with directives from the Union Ministry of Housing and Urban Affairs (MoHUA) to prioritize the completion of stalled projects and protect the interests of homebuyers.

MahaRERA has urged developers to accelerate construction activities and finalize these projects. While 356 projects have received confirmed extensions, the remaining 185 are undergoing hearings and are likely to be granted extensions soon. MahaRERA officials emphasize that project extensions were granted only after a thorough scrutiny of proposals submitted by developers.

January 18, 2024: MahaRERA Implements Single Registration Number for Projects

To enhance transparency and protect homebuyer rights, MahaRERA has announced a new regulation requiring each standalone real estate project to have a unique RERA registration number. This initiative addresses past issues where developers obtained multiple registration numbers for a single project or its different phases, causing confusion and difficulties for homebuyers.

Effective immediately, developers must submit a declaration at project registration time. This declaration, on the developer’s letterhead, confirms that the project site has no existing or pending MahaRERA registration for the entire project or any of its portions.

Rule and Regulations of MAHARERA

The Maharashtra Real Estate Regulatory Authority (MahaRERA) functions under the Real Estate (Regulation and Development) Act, 2016 (RERA), with its own set of rules and regulations. Here’s a glimpse into some of the key points:

Project Registration:

  • Mandatory Registration: Applicable to new and ongoing residential and commercial projects exceeding 500 sq. m of land area or with more than 8 apartments.
  • Registration Process: Developers must submit necessary documents, project details, and fees online through the MahaRERA website.
  • Scrutiny and Approval: MahaRERA authorities scrutinize applications and may request clarifications or additional information.

Sale of Apartments:

  • Use of Standardized Agreements: A prescribed format for sale agreements ensures clarity in terms of payment schedules, possession timelines, and consequences for delays.
  • Disclosures: Developers are obligated to disclose all relevant information about the project, including carpet area, amenities, approvals, and potential risks.
  • Advertisement Regulations: Fair and accurate representation of the project is mandated, focusing on carpet area and approved features.

Rights and Responsibilities:

  • Homebuyers’ Rights: Timely possession of property, access to project information, and redressal for grievances through MahaRERA.
  • Developers’ Obligations: Completion of projects within stipulated timelines, adherence to sanctioned plans, and compliance with RERA regulations.

Dispute Resolution:

  • Adjudicating Officer System: For claims up to Rs. 1 crore.
  • Appellate Tribunal: For claims exceeding Rs. 1 crore.
  • Time-Bound Process: Aimed at speedy resolution of disputes between buyers and developers.

Penalties for Violations:

  • Financial Penalties: Heavy fines are imposed on developers for non-compliance with RERA regulations.
  • Imprisonment: In severe cases, imprisonment can be imposed for offences like misleading information or project abandonment.

Here’s a combined update incorporating the latest information about MahaRERA:

MahaRERA Takes Action on Multiple Fronts:

  • Doorstep Registration for Builders: Starting April 1, 2024, MahaRERA will offer doorstep registration for projects with 50+ housing units, simplifying the process for builders.
  • Streamlined Approvals: MahaRERA is developing a system to provide permissions and certifications directly to builders at their locations, reducing the need for them to visit various offices.
  • Cracking Down on Misleading Ads: Responding to reports of misleading advertisements for retirement homes, MahaRERA is framing specific guidelines to protect buyer interests. This includes:
    • Focus on Truthful Advertising: Advertisements for retirement homes must accurately reflect the amenities and services offered, preventing false promises.
    • Curbing Misrepresentation: Developers can’t advertise regular housing projects as retirement homes, ensuring transparency for potential buyers.

Nationwide Implications: MahaRERA is the first RERA authority to create specific guidelines for retirement homes, potentially setting a precedent for other states in India. This initiative aligns with a circular by the Ministry of Housing and Urban Affairs (MoHUA), empowering states and UTs to develop regulations for protecting senior citizens considering retirement homes.

Overall, these actions by MahaRERA demonstrate a commitment to:

  • Improving Convenience for Builders: Streamlined registration and approvals.
  • Protecting Homebuyers: Combating misleading advertisements and ensuring accurate information about retirement homes.
  • Setting a National Example: Potentially paving the way for stronger regulations for senior citizen housing across India.

Stay ahead of the curve with our specialized legal support. From project registration to dispute resolution, trust us to guide you through MAHARERA requirements.

How to File Complaint with MAHARERA

  1. Visit the Maharashtra RERA Portal: Access the official website: https://maharera.mahaonline.gov.in/.
  2. Create a User Account: Click on “New Registration” and select “Complainant” as the user type. Choose a username and password, then click “Create User.”
  3. Login: Once your account is created, log in using your credentials.
  4. File a Complaint: Locate the section for “Complaint Registration” or “Add New Complaint” on the left-side navigation pane.
  5. Provide Complaint Details: Fill out the online form with details like:
    • Your Information: Name, contact details, etc.
    • Project Details: Project registration number, name of the developer, etc.
    • Complaint Description: Clearly explain the issue you’re facing with the project. Be specific and factual, mentioning dates and any relevant reference numbers.
  6. Attach Supporting Documents: Upload scanned copies of documents that strengthen your case (agreements, emails, payment receipts, photos, etc.)
  7. Submit and Pay Fee: Review everything for accuracy and submit the complaint electronically. There’s a Rs. 5,000 fee associated with filing a complaint; you can pay online using debit/credit card or net banking.
  8. Track Your Complaint: Upon successful submission, you’ll receive a reference number for tracking the complaint status through the MahaRERA website.

Additional Points:

  • Maintain copies of all documents submitted with your complaint for your records.
  • The MahaRERA website might have a FAQs section or help resources to address any further questions you might have.
  • Consider consulting a legal professional if your case is complex or involves significant financial implications.

MAHARERA Contact Details

MUMBAI HEADQUARTERS

Maharashtra Real Estate Regulatory Authority

6th & 7th Floor, Housefin Bhavan, Plot No. C – 21, E – Block, Bandra Kurla Complex, Bandra (E), Mumbai 400051

Tel. No. 022 68111600

MUMBAI DIVISION OFFICE

(Hon. Member 1 and Hon. Member 2)

Maharashtra Real Estate Regulatory Authority

501, Express Building,14-E Road

Churchgate, Mumbai-400020.

PUNE DIVISION OFFICE

Maharashtra Real Estate Regulatory Authority

109 to 113, First Floor,

Sayajirao Gaikwad Udyog Bhavan,

Aundh, Pune -411 007

Tel. No. : 020 29806545

NAGPUR DIVISION OFFICE

Maharashtra Real Estate Regulatory Authority

Administrative Building No.1, 1st Floor,

Adjacent to Udyog Bhavan, Civil Line,

Nagpur – 440001.

Tel. No. : 0712 2551400

Office Timings: Monday to Friday 10:00 am to 6:00 pm

For Detailed Contact information: https://maharera.mahaonline.gov.in/Site/40/Contact

RERA Maharashtra Registration Process for Promoters / Developers

Eligibility:

  • This applies to developers undertaking new or ongoing residential and commercial projects exceeding:
    • 500 sq. m of land area.
    • 8 apartments.

Steps Involved:

  1. User Registration:
  2. Project Registration:
    • Choose “New Registration” and select the appropriate project type.
    • Enter project details like name, location, area, and number of units.
    • Upload required documents as per the MahaRERA checklist (available on the website).
  3. Payment of Fees:
    • Pay the registration fees based on project size and location through online payment options.
  4. Scrutiny and Approval:
    • MahaRERA authorities will review the application and documents.
    • You may be required to provide additional information or clarifications if needed.
  5. Registration Confirmation:
    • Upon successful verification, MahaRERA will issue a unique registration number for your project.

Documents Required:

  • Company registration documents.
  • Photographs of authorised representatives.
  • Land ownership documents.
  • Approved layout plans, building plans, and other necessary approvals.
  • Technical feasibility reports and architect certificates.
  • Financial statements for the past 3 years (if applicable).
  • Sale agreement and allotment letter formats.

Additional Tips:

  • Ensure all documents are complete and accurate to avoid delays.
  • Carefully review the MahaRERA website and FAQs for detailed information and guidance.
  • Consider seeking professional assistance from a lawyer or consultant specializing in RERA matters for a smooth registration process.

That’s a significant update for aspiring real estate agents in Maharashtra! Here’s a revised breakdown of the registration process and documents required to register as a real estate agent with MahaRERA, incorporating this recent fee change:

MahaRERA Agent Registration Process and Documents (Updated with Fee Reduction)

Preparation:

  • Gather Documents: Collect the necessary documents before starting the online application:
    • PAN card (self-attested copy)
    • Aadhaar card (self-attested copy)
    • Passport-sized photograph
    • Proof of Maharashtra residence (voter ID, passport, or bank statement)
    • Affidavit on Rs. 100 stamp paper stating you haven’t been convicted of any offence related to dishonesty or fraud
    • If applicable, registration proof for companies/partnerships/firms
  • Fees: Have the following registration fee ready depending on your situation:
    • Rs. 10,000: For individual agents (sole proprietors) – This is a significant reduction from the previous Rs. 1 lakh fee.
    • Rs. 1,00,000 (Rs. 1 lakh): For companies/firms/societies. (no change).

Online Registration:

  1. Visit the Website: Access the official MahaRERA website: https://maharera.mahaonline.gov.in/.
  2. Register or Login: If you’re a new user, create an account by following the on-screen instructions. Existing users can log in with their credentials.
  3. Initiate Agent Registration: Locate the section for “Agent Registration” or “New Agent Registration.”
  4. Fill Out the Application Form: The online form will require details like:
    • Personal information
    • Contact details
    • Educational qualifications (if applicable)
    • Experience details (if applicable)
  5. Upload Documents: Attach scanned copies of all the documents you gathered in step 1.
  6. Fee Payment: Pay the registration fee online using a debit card, credit card, or net banking.
  7. Submit the Application: Once you’ve reviewed everything for accuracy, submit the online application electronically.

After Submission:

  • You’ll likely receive an acknowledgement number or reference number upon successful submission.
  • The MahaRERA website might allow you to track the application status using the reference number.

Safeguard your investments against legal risks with our tailored MAHARERA solutions. Our experienced team provides personalized legal advice to protect your assets.

How to check the status of MAHARERA Registered projects in Maharashtra

1. MahaRERA Website:

  • Visit the official MahaRERA website: https://maharera.mahaonline.gov.in/
  • Click on “Project Search” or “Registered Projects.”
  • You can search by project name, registration number, promoter name, or location (if available).
  • The search results will display details of projects registered under MahaRERA, but not specifically those located in Gujarat.

2. Contact MahaRERA:

  • You can contact the MahaRERA authority directly through their website or by phone to inquire about a specific project. However, they may not be able to provide information on projects outside of Maharashtra.

3. Project Website or Marketing Materials:

  • Look for the RERA registration number displayed on the project website or marketing materials. This number can be used to verify the project’s registration status on the MahaRERA website.

Important Note:

  • RERA is a state-specific legislation, and projects registered under MahaRERA are only applicable to Maharashtra. If you’re interested in projects located in Gujarat, you’ll need to consult the Gujarat RERA website (https://gujrera.gujarat.gov.in/) for relevant information.

Here’s a summary of the key points:

  • Use the MahaRERA website for projects registered in Maharashtra.
  • Contact MahaRERA for specific inquiries, but their information might be limited to Maharashtra.
  • Check project websites or marketing materials for RERA registration details.
  • For projects in Gujarat, use the Gujarat RERA website for information.

RERA Forms for Buyers, Agents and Developers

For Buyers:

APPEAL TO APPELLATE TRIBUNAL FORM – CClick Here 
COMPLAINT TO REGULATORY AUTHORITY FORM – AClick Here 
APPLICATION TO ADJUDICATING OFFICER FORM – BClick Here 

For Agents:

APPLICATION FOR REGISTRATION OF REAL ESTATE AGENT FORM – GClick Here 
REGISTRATION CERTIFICATE OF REAL ESTATE AGENT FORM- HClick Here 
INTIMATION OF REJECTION OF APPLICATION FOR REGISTRATION OF REAL ESTATE AGENT / REJECTION OF APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT / REVOCATION OF REGISTRATION OF REAL ESTATE AGENT FORM – IClick Here 
APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT FORM – JClick Here 
RENEWAL OF REGISTRATION OF REAL ESTATE AGENT FORM – KClick Here 

For Developers:

DECLARATION FORM – BClick Here 
FORM 1 (ARCHITECT’S CERTIFICATE)Click Here 
FORM 2 (STRUCTURAL ENGINEER’S CERTIFICATE)Click Here 
FORM 2A QUALITY ASSURANCE CERTIFICATE-PDFClick Here 
FORM 3 (CA CERTIFICATE)Click Here 
FORM 4 (ARCHITECT’S CERTIFICATE) -PDFClick Here 
FORM 5 (CA ANNUAL CERTIFICATE)-PDFClick Here 
FORM 6 – HALF YEARLY AGENT REPORTClick Here 

Cost of MAHARERA Registration

The cost of MAHARERA registration in Maharashtra varies depending on the size and type of your project. Here’s a breakdown of the charges:

Registration Fee:

  • Group Housing Projects:
    • Up to 1,000 sq. m: ₹5 per sq. m
    • Exceeding 1,000 sq. m: ₹10 per sq. m
    • Maximum Fee: ₹5 lakh per project
  • Commercial Projects:
    • Up to 1,000 sq. m: ₹20 per sq. m
    • Exceeding 1,000 sq. m: ₹25 per sq. m
    • Maximum Fee: ₹10 lakh per project
  • Plotted Development Projects:
    • Maximum Fee: ₹2 lakh per project

Additional Charges:

  • Renewal Fee: 10% of the registration fee (applicable for renewals)
  • Late Fee: Simple interest at the rate of 18% per annum on the registration fee for delayed applications
  • Withdrawal Fee: 5% of the registration fee or ₹25,000, whichever is higher

Important Points:

  • The registration fee must be paid online through the MahaRERA website.
  • You can find a fee calculator on the MahaRERA website to estimate the charges applicable to your project: https://maharera.mahaonline.gov.in/

Documents Required for RERA Registration in Maharashtra (MAHARERA)

  • PAN Card: Upload a copy of the promoter’s PAN card.
  • Legal Title Report: Upload a legal title report in the format specified by MahaRERA circular no. 28/2021.
  • Encumbrance Details: Submit details of any legal or financial encumbrances on the project using the promoter’s letterhead with signature and stamp (refer to MahaRERA rule 3(6)).
  • Layout Approval: (For layout projects only) Provide a clear copy of the sanctioned layout approval plan (refer to MahaRERA rule 3(6)).
  • Building Plan Approval: (For non-plotted development) Provide a scanned copy of the sanctioned building approval plan (refer to MahaRERA rule 3(6)).
  • Commencement Certificate: (For ongoing projects) Provide the Commencement Certificate issued by the competent authority (refer to MahaRERA rule 3(6)).
  • Declaration about Commencement Certificate: Submit a declaration about the commencement certificate in Format-D as specified in MahaRERA circular no. 32/2021.
  • CERSAI Report: (For projects with a security interest) Upload the latest CERSAI report obtained within 10 days of application. If no security interest exists, submit an undertaking confirming the same (refer to MahaRERA order no. 26/2021).
  • CA Certificate (Form 3): Upload the CA Certificate (Form 3) signed by both the CA and the promoter. This document verifies project costs and fund withdrawals. You can download Form 3 from the MahaRERA website.
  • Proforma of Allotment Letter: Upload a model copy of the allotment letter as specified in MahaRERA Order no. 35. If the promoter chooses a different format, highlight deviations/modifications and upload a deviation sheet.
  • Proforma of Agreement for Sale: Upload a model copy of the agreement for sale as specified in Annexure A of Rule 10 and MahaRERA General (Amendment) Regulations 2017 for building/unit sales or Annexure III for plotted projects. If a different format is used, highlight deviations/modifications and upload a deviation sheet.
  • Deviation Reports: If applicable, upload deviation reports explaining any modifications made to the model copies of the allotment letter and agreement for sale (refer to MahaRERA Order no. 35).
  • Separate Bank Account Details: Provide details of a separate bank account dedicated to the project, along with a declaration from the promoter on their letterhead stating there are no encumbrances or escrow on the account (refer to MahaRERA Order no. 34 and Format ‘A’).

Ensure flawless compliance with MAHARERA regulations. Our legal experts offer in-depth assistance on project documentation, agreements, and regulatory updates.

Conclusion

MAHARERA, Maharashtra’s Real Estate Regulatory Authority, ensures transparency and accountability in the real estate sector. It protects homebuyers, regulates developers, and promotes fair practices. Through features like mandatory project registration and standardized agreements, MAHARERA enhances transparency and buyer security. 

The authority’s streamlined dispute resolution process and strict penalties for violations uphold developer accountability. Overall, MAHARERA plays a crucial role in fostering trust and sustainable growth in Maharashtra’s real estate market.

Frequently Asked Questions about MAHARERA

Q1. What is MAHARERA?

Ans1. MAHARERA stands for Maharashtra Real Estate Regulatory Authority. It’s the governing body responsible for implementing the Real Estate (Regulation and Development) Act (RERA) in Maharashtra, aimed at regulating the real estate sector and protecting the interests of homebuyers.

Q2. What does MAHARERA do?

Ans2. MAHARERA protects homebuyers by ensuring transparency and accountability in the real estate sector. It regulates developers, mandates project registration, promotes fair practices, and provides mechanisms for dispute resolution.

Q3. How does MAHARERA benefit homebuyers?

Ans3. MAHARERA benefits homebuyers by increasing transparency through access to project details, focusing on carpet area, and providing standardized sale agreements. It also ensures financial security through escrow account provisions and offers a streamlined process for dispute resolution.

Q4. What are the key features of MAHARERA?

Ans4. Key features of MAHARERA include mandatory project registration, focus on carpet area, escrow account security, standardized sale agreements, faster dispute resolution mechanisms, and strict penalties for violations.

Q5. How can developers register their projects with MAHARERA?

Ans5. Developers can register their projects with MAHARERA by submitting necessary documents, project details, and fees online through the MahaRERA website. The process involves steps such as user registration, project registration, payment of fees, scrutiny, and approval.

Q6. Where can I check the status of MAHARERA-registered projects in Maharashtra?

Ans6. You can check the status of MAHARERA-registered projects in Maharashtra through the official MahaRERA website. Simply visit the website, navigate to the “Project Search” or “Registered Projects” section, and search using project name, registration number, promoter name, or location.

Q7. What documents are required for RERA registration in Maharashtra?

Ans7. Documents required for RERA registration in Maharashtra include company registration documents, identity proofs of promoters and directors, land ownership documents, project approvals, technical reports and certificates, financial documents, and standardized agreement formats.

Q8. How much does MAHARERA registration cost?

Ans8. The cost of MAHARERA registration varies based on the size and type of the project. Registration fees are determined per square meter for residential and commercial projects, with additional charges for renewals, late submissions, and withdrawals.

Q9. What are the penalties for violations under MAHARERA?

Ans9. MAHARERA imposes heavy fines on developers for non-compliance with regulations, including delays in project completion, misleading information, and failure to meet obligations. In severe cases, imprisonment can also be imposed for offenses like project abandonment.

Q10. How can homebuyers file complaints under MAHARERA?

Ans10. Homebuyers can file complaints under MAHARERA through the official MahaRERA website by submitting details of the grievance, relevant documents, and paying the prescribed fee. The complaint will be addressed through the dispute resolution mechanism established by MAHARERA.

Empower your real estate ventures with strategic legal counsel. Our MAHARERA consultation services offer bespoke solutions to navigate regulatory complexities. Schedule your session today for proactive guidance!

Adv. Deepak Pandey

Adv. Deepak Pandey

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Deepak Pandey offers legal consultancy and advisory services with a keen emphasis on ethical and professional conduct to achieve favourable results. He has 5 years of experience in handling legal cases. As a result of his strong communication skills, Deepak is able to present his clients' cases with clarity and persuasion.

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