All you need to know about RERA Maharashtra

Deemed as one of the most active real estate regulatory authorities in India, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has over 25,000 registered projects and 23,000 registered property agents, as of February 27, 2020. The Authority has also got over 10,000 complaints, out of which 71% have been disposed of. These statistics stand out when compared to other state authorities, where the rules are yet to be notified or the real estate portal is yet to be launched. Maharashtra has some of the most active real estate markets under its jurisdiction, which include the Mumbai Metropolitan Region (MMR) and Pune. The quantum of investment in these markets is much more, as compared to other cities, which affects the life of home buyers, as well as investors. To ensure transparency and accountability, the MahaRERA portal has a number of features to help buyers make informed decisions.

Housing.com News brings you a detailed guide for using the MahaRERA portal.

How to check MahaRERA registered projects?

*Visit the MahaRERA portal and click on ‘Registration’ from the top menu.

*Click on ‘Registered Projects’ and you will be redirected to an external website. Make sure pop-ups are allowed on your browser.

*Feed in the project name or promoter name or RERA number. The details will appear and you can check the RERA certificate and all other details provided by the builder to the Authority.

How to check registered agents on MahaRERA?

*Visit the MahaRERA portal and click on ‘Registration’ from the top menu.

*Click on ‘Registered Real Estate Agents’ and you will be redirected to an external website. Make sure pop-ups are allowed on your browser.

*Enter the agent’s name or agent registration number, to find the details.

How to report unregistered projects?

As a vigilant consumer, you can also report unregistered projects to the Authority. Here is the step-by-step procedure to file an online request.

*Visit the MahaRERA portal and click on ‘Non-registration’ from the top menu.

*Choose ‘Inform Non-Registration’ from the drop-down menu.

*You will be redirected to a new page where you have to provide all the information about the complainant and the unregistered project. A SI number will be provided, for tracking the progress of your complaint.

How to file complaint on MahaRERA?

MahaRERA has made complaint registration simple, for the ease of home buyers and investors. Follow this step-by-step process to register a complaint against a developer/agent/promoter.

*Visit the MahaRERA online complaint forum and click on ‘New Registration’.

*Select ‘User Type’ as ‘Complainant’ and fill the required information. Once your user registration is successful, login to the system.

*Now click on ‘My Profile’ under ‘Accounts’. Fill in the required information.

*Select the ‘Complaint Details’ options and click on ‘Add New Complaints’ from the drop-down menu.

*You can now add a complaint, where you have to mention the division, registration number, project or agent name. The promoter name will appear automatically.

*Add details about the complainant such as name, type, nature of interest in the project and address of the complainant.

*Add details about the respondent such as name, type and the address.

*Upload documents to support your case and reliefs sought.

*Pay the fees to get your complaint registered.

What is MahaRERA Conciliation Forum?

Recently, the MahaRERA established a Conciliation and Dispute Resolution Forum, to facilitate the resolution of disputes amicably, thereby, saving cost and litigation time of parties and promoting greater public satisfaction with the legal system and dispute resolution. Here is the list of conciliators who can mediate between the parties.

What is procedure of conciliation?

The role of conciliator is limited to assist the parties in an independent and impartial manner, in their attempt to reach an amicable settlement of their dispute.

How to register projects on MahaRERA

*Visit MahaRERA portal and click ‘Online Application.

*Click on ‘New Registration’ as a new user.

*Create new account and select the user type.

*Select respective state or UT from the drop-down. Fill in the remaining info like username, mobile number, and registered email address. Click on ‘Create User’.

*A verification link will be sent on your registered email address. Click the link to verify your credentials.

*Login with your new username and password.

*Fill in the required details upload all the necessary documents.

Documents required for project registration

1. Name, address, mobile number and photograph of the promoters (in case of individuals)
2. In the case of Company or Partnership Firm, Registration documents
3. Ownership/Lease/Development agreement
4. Approved Building Plan
5. Approved Building Layouts
6. RERA Bank Account details
7. Form 1 From Architects
8. Form 2 from Structural Engineer
9. Form 3 From Chartered Accountants
10. Name, address, mobile number and photograph of the promoter (people in management, in the case of entities)
11. PAN card copy of promoter

MahaRERA latest judgements

Right to make a request for flat reservation includes the right to cancel the reservation: MahaRERA Appellate Tribunal

The Maharashtra Real Estate Regulatory Authority (MahaRERA) Appellate Tribunal has ruled that an allottee’s right to reserve a flat, includes his/her right to cancel the reservation. Consequently, a builder cannot force the allottee to forfeit the booking for cancelling his reservation. The order is likely to provide relief to numerous flat allottees who are forced to sign one-sided clauses.

MahaRERA Appellate Tribunal panel members Sumant Kolhe and SS Sandhu, made the observation in a case by Dinesh and Ranjana Humane, a couple from Kalwa, against Piramal Estate Pvt Ltd. The couple had cancelled the flat they had reserved in Thane, due to a medical emergency in the family. However, as per a clause in the flat reservation form, they were asked to forfeit 10% of the flat’s price or the amount paid.

While passing its order on March 17, 2021, the panel observed that the “Right to make request for reservation of flat includes the right to withdraw such request for reservation of flat. Clause 17 providing forfeiture of 10% amount of the total price of flat or the amount paid till date whichever is lesser in case of withdrawal by allottees is ex facie unreasonable, unfair and inequitable. Existence of such a condition in the printed form of ‘request for reservation’ to be filed in by allottees is against the object and purpose of RERA.”

Consent of 51% flat buyers needed, to tweak project, extend deadline

Builders will no longer be allowed to get away with sketchy details or shoddy paperwork, when they register their projects with the MahaRERA. A new circular issued by the state housing regulator, mandates that developers must now submit the list of all their flat buyers, along with their signatures in a proper format, when seeking various permissions. Moreover, the builder will require the consent of at least 51% of the allottees if he wants an extension of the completion date of the project. The consent will now be required with their names, flat numbers and signatures.

Apart from this, if the title report is not in the name of the developer, then, he should add the name of the land owner, the memorandum of understanding between them, the development agreement, the area and revenue sharing agreement. The developer will have to clearly reveal the investors or equity partners in the project.

More than 2/3rd buyers must consent to building plan changes under MahaRERA

The MahaRERA, in a fresh ruling, has stopped a builder from making any changes to a sanctioned plan under Section 14 of the Real Estate (Regulation and Development) Act, which necessitates prior consent of at least two-thirds of the buyers. The MahaRERA also ordered the builder to pay  interest on the amount paid by the buyer, due to delay in handing over the possession. Section 14 of RERA holds the promoter liable to complete the project as per the sanctioned plans and not make any alterations, without the buyer’s consent. For modifying the plans for common areas also, the builder needs the written consent of two-thirds of allottees.

MahaRERA directs buyers to pay interest for delayed payments to the builder

In what may be called an unprecedented move, the MahaRERA has directed a home buyer to pay a penalty to the developer, for payment delay. Usually, such directives are targeted towards developers, asking them to pay penalties for delays in granting possession. In this case, the developer had approached the authority, to file a complaint against a home buyer who had been delaying payments, in spite of several demand letters. The authority ruled that if the buyer committed any default in timely payments as per the agreement for sale, he/she would be liable to pay interest at the rate of the marginal cost of funds-based lending rate (MCLR) of SBI plus 2%, as prescribed under the RERA. The authority also directed the home buyer to make the payment within a month, failing which the agreement for sale would be terminated.

FAQs on RERA Maharashtra