
Brief Introduction :
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) |
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.
Maharashtra Real Estate Regulatory Authority, Officers and Employees (Appointment and Service Conditions) Rules, 2017
Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017
Maharashtra Real Estate Appellate Tribunal, Officers and Employees (Appointment and Service Conditions) Rules, 2017
Maharashtra Real Estate Regulatory Authority (Form of Annual Statement of Accounts and Annual Report ) Rules, 2017
The Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017.
The Maharashtra Real Estate Regulatory Authority (Recruitment and Conditions of Service of Employees) Regulation, 2017.
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/
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.
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.
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.
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
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