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Maharashtra Real Estate Regulatory Authority
(Brief Details)

Maharashtra Real Estate Regulatory Authority




Brief Introduction :


Govt. Of India passed an Act - “Real Estate (Regulation and Development) Act, 2016” which was made effective from 1st May, 2016. As per Section 20 of the Act every State is directed to establish Real Estate Regulatory Authority and frame rules for administering the provisions of the Act in that State.

Accordingly the Government of Maharashtra, has established Maharashtra Real Estate Regulatory Authority (MahaRERA), vide Notification No. 23 dated 8 March 2017 and framed the Rules by name - “Real Estate (Regulation and Development)(Registration of real estate projects, Registration of real estate agents, rates of interest and disclosures on website) Rules, 2017” for regulation and promotion of real estate sector in the State of Maharashtra, with its headquarters at Mumbai.

The Contents and the Chapters in the Rules


Chapters

Contents

Rules

Chapter I

Preliminary

1-2

Chapter II

Real Estate Projects (Mainly contains information required for Registration of Projects.

3-10

Chapter III

Real Estate Agents (Mainly contains provisions regarding Registration, Obligations and Functions of Agents.

11-17

Chapter IV

Rate Of Interest Payable By Promoter And Allottee And Timelines For Refund

18,19

Chapter V

Details To Be Published On The Website Of Maharashtra Real Estate Regulatory Authority

20-22

Chapter VI

Miscellaneous

23

The FORMS AND ANNEXURES UNDER Rules


FORM / ANNEXURE NO.

NAME OF THE FORM & PURPOSE

FORM ‘A’

Application For Registration Of Project

FORM ‘B’

Declaration, Supported By An Affidavit, Which Shall Be Signed By The Promoter Or Any Person Authorized By The Promoter

FORM ‘C’

Registration Certificate Of Project

FORM ‘D’

Intimation Of Rejection Of Application For Registration Of Project / Rejection Of Application For Extension Of Registration Of Project / Revocation Of Registration Of Project

FORM ‘E’

Application For Extension Of Registration Of Project

FORM ‘F’

Certificate For Extension Of Registration Of Project

FORM ‘G’

Application For Registration Of Real Estate Agent

FORM ‘H’

Registration Certificate Of Real Estate Agent

FORM ‘I’

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 ‘J’

Application For Renewal Of Registration Of Real Estate Agent

FORM ‘K’

Renewal Of Registration Of Real Estate Agent

ANNEXURE A

Model Form of Agreement to be entered into between Promoter and Allottee(s)

ANNEXURE B

(Authenticated copies of Property Card or extract Village Forms VI or VII and XII or any other revenue record showing nature of the title of the Vendor/Lessor/Original Owner/Promoter to the project land).

ANNEXURE C1

(Authenticated copies of the plans of the Layout as approved by the concerned Local Authority )

ANNEXURE C2

(Authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project )

ANNEXURE D

(Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority)

ANNEXURE E

(Specification and amenities for the Apartment)

ANNEXURE F

(Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority)

Organisation Structure (AS GIVEN ON THE WEBSITE OF MAHARERA)

The Organization structure of MahaRERA is as follows:

Organogram for Maharashtra Real Estate Regulatory Authority (MahaRERA)

Maharashtra Government also Framed Other Rules :


The Government of Maharashtra has also framed following Rules and Regulations for regulation of real estate sector in the State of Maharashtra.

  1. Maharashtra Real Estate Regulatory Authority, Officers and Employees (Appointment and Service Conditions) Rules, 2017

  2. Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017

  3. Maharashtra Real Estate Appellate Tribunal, Officers and Employees (Appointment and Service Conditions) Rules, 2017

  4. Maharashtra Real Estate Regulatory Authority (Form of Annual Statement of Accounts and Annual Report ) Rules, 2017

  5. The Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017.

  6. The Maharashtra Real Estate Regulatory Authority (Recruitment and Conditions of Service of Employees) Regulation, 2017.

  7. Charges for accessing MahaRERA web-based Application for registration of project and real estate agents, extension of registration for projects and real estate agents including updating website, database management and maintenance under regulation 48 of the MahaRERA General Regulations, 2017.

MahaRERA also regulates and exercise control in the union territories of Daman, Diu, Dadra and Nagar Haveli.

All the above Rules and Forms can be downloaded from the website of MahaRERA - https://maharera.mahaonline.gov.in/


Conciliation Forum :


The MahaRERA authority provided citizens the complaints filing service, as per the Act, wherein any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, with respect to any registered real estate project, for any violation or contravention of the provisions of this Act or the rules and regulations made there under.

As per Section 32 (g) of the Real Estate (Regulation and Development) Act 2016, Maharashtra Real Estate Regulatory Authority to facilitate amicable conciliation of disputes between the promoters and the allottees through the MahaRERA Conciliation and Dispute Resolution Forum. In brief the objective of the forum will be as follows:

  • Constitute / establish panel of eminent Conciliators representing different stakeholder groups.

  • To follow Conciliation rules emanating from best features of common and civil law systems after extensive consultation with practitioners

  • To promote and popularize the amicable and effective settlement of disputes arising with reference to Real Estate ( Regulation and Development ) Act 2016, with various Alternate Dispute Resolution (ADR) mechanism.

  • To popularize conciliation as an effective dispute resolution mechanism with moderate cost (cost effective) and speedy settlement of commercial disputes.

  • To co-ordinate/assist ADR proceedings by establishing facilities and providing administrating services.

  • Finally providing the best platform for ADR.


Establishment of Real Estate Appellate Tribunal :


The Maharashtra Real Estate Appellate Tribunal is established by MahaRERA at 1st Floor, One Forbes, Dr. V.B. Gandhi Road, Kalaghoda, Fort, Mumbai - 400 001. The Appellate Tribunal acts as a Court with Judicial Powers and settles the disputes.

In most of the cases the disputes are resolved. Any party aggrieved by the orders of the Tribunal can move to High Court after 60 days.


How to file complaint in rera Maharashtra online ?


Go to the Maharashtra RERA portal - https://maharerait.mahaonline.gov.in/

Create New Account as a Complainant and lodge online complaint as follows :-

  • 3 types of users can create account 1. Promotor 2. Agent 3. Complainant. You need to create the user and complainant and then log in with your username and password to file a complaint.

  • Fill in the Necessary Details of the complaint asked in the Form.

  • Pay Rs. 5000 after you register your complaint.

After filing the complaint the consumer and the builder will get a call from the MahaRERA office for the verification of the evidence. After MahaRERA hears from both parties they will come up with a resolution. This is the process of RERA complaint in MahaRERA.


Disclaimer by the Writer of Article :


This was an attempt made to cover the important provisions of the law. The material contained herein is not exhaustive, and contains certain generalizations and descriptions. The latest Provisions, Rules and Notifications must be viewed to get the exact information for interpretation. The presenter is not responsible for any loss incurred on the actions taken based on the material presented above.

-Advocate Ravindra Pandharkar

  1. Promoters may be private or public : The Act covers all bodies (private and public) which develop real estate projects for sale to the general public. Thus, both Development Authorities and the Housing Boards, when involved in sale are covered under the Act.

  2. Allottee: Anallottee includes a person who acquires the apartment / plot through transfer or sale, only and not a person to whom such plot, apartment is given on rent. The Act doesn’t include rental projects, lease / leave and License deals.

  3. Open Parking Areais treated as "Common Areas" and the sale or allotment of Open Parking Areas by the Promoter is notpermissible. Covered Parking or the Garage is however permitted to be sold.

  4. No Jurisdiction of Civil Courts: The Civil Courts have no jurisdiction and they are barred in dealing the disputes in real estate projects as per the Act. The allottee can however consumer forum for any disputes, but in this case he has to select either of the adjudication machinery under the Act or Consumer Forum. If the aggrieved person selects to move to adjudicating officer, he has to withdraw the complaint from the Consumer Forum.

  5. When to Register the project: The Promoter has to obtain Commencement Certificate from the Competent Authority before registering his project with RERA.

  6. Penalty for Non-registration : Ifanypromoter fails to register as per Act, he shall be liable to a penalty which may extend up to ten per cent of the estimated cost of the real estate project. On continued violation, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent of the estimated cost of the real estate project, or with both.

  7. Information of Registered Projects: In Maharashtra, the MahaRERA website would display all the registered projects. It is mandatory that the advertisement for marketing of apartments in the real estate project must carry the MahaRERA registration number. The buyers can verify authenticity of registration from the website – https://maharera.mahaonline.gov.in

  8. Time for Completion of the Project:As per the provisions of the Act, the promoter, while applying for registrationto MahaRERA, has to give a declaration, supported by an affidavit, indicating the time period within which he undertakes to complete the project or phase thereof, as the case may be.

  9. Interest to Allottee in case of Delay by promoters: In case of delay in getting possession from the promoter, the buyer will be entitled to get interest on the amount paid by him, for such delayedperiod as per the model form of agreement. The buyer may have to file a complaint to MahaRERA if there is a grievance.

  10. Interest to be paid by Allottee in case of Delayed Payments : Similarly the Allottee has to pay to the Promoter, a rate of interest equal to the State Bank of India highest Marginal Cost of LendingRateplus two percent, on all the amounts which become due and payable by the Allottee to the Promoter under the terms of the Agreement from the date the said amount is payable by the allottee(s) to the Promoter.

  11. Filing Complaint : As per Section 31 of the Act and the relevant rules framed by respective State RERA, the aggrieved person (the promoter or the allottee) can file the complaint online in the format provided for any violation or contravention of the provisions of the Act or the Rules or Regulations made there under. It shall include Registration number of the project to which the complaint pertains, Particulars of the complainant and respondent, Facts of the case, Relief Sought, List of Enclosures etc. Section 29 of the Act provides that complaints should be disposed off as expeditiously as possible but not later than sixty days from the date of filing the same.


  12. Land owners and promoters: both are liable to adhere to the provisions of the Act.
  13. Maximum amount payable by buyer before agreement: Section 13(1) of the Act prohibits the promoter from taking more than 10% of the cost of apartment without entering into a written agreement for sale, duly registered.
  14. Referral bookings: Existing customers referring to others for buying the flat in same project or other project of same developer for consideration will be treated as Real EstateAgents.
  15. Registration of Agents Compulsory: Every Real Estate Agent who intends to facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a registered real estate project being sold by the promoter in any planning area in Maharashtra, shall have to apply for registration to Maharashtra Real Estate Regulatory Authority (MahaRERA). The registration of Real Estate Agent is valid for Maharashtra State only and is not valid for other states.
  16. Agent cannot sign for promoter : The Agent is not authorized to sign on behalf of his promoter /builder.
  17. Time limit for Issue of Registration by RERA: The Authority has to decide the registration applications. If it fails to issue any communication about deficiencies, within 30 days of the receipt of the application for registration the project will be deemed to be registered.

Disclaimer by the Writer of Article :

This was an attempt made to cover the important provisions of the law. The material contained herein is not exhaustive, and contains certain generalizations and descriptions. The latest Provisions, Rules and Notifications must be viewed to get the exact information for interpretation. The presenter is not responsible for any loss incurred on the actions taken based on the material presented above.

- Advocate Ravindra Pandharkar

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