Table of Contents
What is RERA Maharashtra?
Real estate (Regulation and Development) Act, 2016 came into effect in May 2017 and regulates the real estate segment in the state. Maharashtra is the first Indian state to implement RERA Maharashtra.
RERA Maharashtra aims to:
- Bring in transparency and efficiency in sale of plot, apartment, building or any real estate project.
- Protecting consumer interest in the realty sector
- Implementing an adjusting mechanism for speedy grievance redressal
- Implement Appellate Tribunal to hear appeals
Known as the Maharashtra Real Estate Regulatory Authority (MahaRERA) or RERA Maharashtra, under the regulatory body, as on February 6,2023 there are 40,559 projects of promoters of which 28,587 (71%) are registered but not completed, 10,676 (26%) are registered and completed and 1,296 (3%) are yet to be registered. There are 41,646 total agents of which 39,934 (96%) are registered and 1,712 (4%) are yet to be registered with RERA Maharashtra.
Home buyers in Maharashtra can check project and promoter complaints on the MahaRERA website. Complaints that will be segregated project wise will highlight total number of complaints and its status, non-compliance applications etc. which will help home buyers evaluate their home purchasing procedure better and make an informed decision.
Presently, details of complaints are available only with the complainants and the promoters who respond to it and only the final orders were put on the RERA website Maharashtra.
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 Maharashtra RERA website has a number of features to help buyers make informed decisions. Housing.com News brings you a detailed guide for using the Maharashtra RERA website.
Housing.com News brings you a detailed guide for using the MahaRERA portal.
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MahaRERA: Developers allowed to de-register
Developers who are unable to commence with the project that they have announced or complete the construction that they have started can de-register from Maharashtra RERA, but on the basis of the condition that the project to be de-registered should have no bookings or in case of bookings, the home buyers have to be settled monetarily by the developer before de-registering.
MahaRERA: Agents mandated to provide half-yearly report
MahaRERA has directed Maharashtra agents registered with them to provide half-yearly reports of their transactions starting FY24, in a bid to increase transparency. Failure to upload the report twice in a financial year will attract action from MahaRERA.
MahaRERA: Advisory services for home buyers set up
RERA Maharashtra has set up counselling and advisory services for home buyers and developers at its head office in the Bandra-Kurla Complex (BKC). As part of this service, home buyers and developers can use the services provided by MahaRERA free of cost and also understand the various services and benefits of the regulatory body.
MahaRERA sends notices to 18,000 housing projects; 1,400 project developers respond
Of the more than 18,000 housing projects which has been sent notice, close to 1,400 project developers have responded. While 700 projects have updated their project details, around 700 have mentioned that they would be updating the project details within a month.
MahaRERA has issued notices to 2000 housing projects in for failing to update mandatory project information on the MahaRERA portal. The regulatory body is sending notices to another 16,000 projects, going forward. MahaRERA have given a time frame of 30 days to update the information post which it will penalise the developers.
MahaRERA mandates promoters to declare all information
As per a MahaRera notification issued on December 27, 2022, promoters of realty projects registered with any Real Estate Regulatory Authority (RERA) in India should necessarily provide their details in a disclosure form so that homebuyers can make decisions based on the information.
The information should include projects the promoters are involved in, the completion date and any pending RERA grievance and any warrant issued by RERA to the project or the developer.
RERA Maharashtra: Fees for registration
| RERA Maharashtra service | Fee |
| Project registration | Rs 10,000 or Rs 10 per sq m (whichever is higher) |
| Agent registration- individual | Rs 10,000 |
| Agent registration- other than individual | Rs 1,00,000 |
| Complaint registration | Rs 5,000 |
For any query related to payment, you may mail RERA Maharashtra at maharera.paymentquery@mahaonline.gov.in
What are MahaRERA registered projects
*Visit the website and click on ‘Registration’ from the top menu.
*Click on ‘Registered Projects’ on the RERA website and you will be redirected to an external RERA website Maharashtra. Make sure pop-ups are allowed on your browser.
*Feed in the project name or promoter name or RERA Maharashtra number on MahaRERA online. The details will appear and you can check the RERA Maharashtra certificate and all other details provided by the builder to the Authority.
See also: All about RERA Gujarat
RERA Maharashtra: Certificate of Competency compulsory for agents
MahaRERA will train 39,000 agents as part of the first batch that started February 15, 2023. The training is planned to be completed by September 2023. Four agencies including National Real Estate Development Council (NAREDCO), are responsible for the mandatory training that will be followed by an exam.
MahaRERA in a January 10, 2023 notification has made it compulsory for the over registered 38,771 agents to do the agent course developed in collaboration with Institute of Banking Personnel Selection (IBPS). On successful completion of the exams , the agents will be provided a ‘certificate of competency’, only after which they can continue with their professional services.
According to Dr. Vasant Prabhu, Secretary, MahaRERA,“In order to bring about certain level of consistency in the practices of real estate agents, enhance knowledge and awareness of the regulatory and legal framework and practices, enforcement of code of conduct and with a view to ensure that real estate agents are professionally qualified to help / assist home buyers / allottees, MahaRERA proposes to introduce basic real estate agent training and certification course for real estate agents across the State of Maharashtra.”
Agents who apply for renewal or registration from May 1, 2023 should have this certificate. Also, existing agents have to upload the certificate on successful completion of the course by September 1, 2023 failing which will action will be taken by the regulatory authority. Additionally, from September 1, 2023, developers need to ensure that the names of agents that they give in the compliance form have successfully completed this certification course.
Maharashtra is the first state in the country to start a regulatory certification course for agents that will be useful for the homebuyers.
RERA Maharashtra: How to check registered agents?
* Visit the MahaRERA website and click on ‘Registration’ from the top menu.
*Click on ‘Registered Real Estate Agents’ on the RERA website and you will be redirected to an external RERA website Maharashtra. Make sure pop-ups are allowed on your browser.
* Enter the agent’s name or agent registration number on MahaRERA online to find the details.
RERA Maharashtra: How to check change of promoter?
On the RERA Maharashtra website, click on Change of promoter and select “ For projects approved with two third consent of allottees.’
You will reach https://maharera.mahaonline.gov.in/Site/1122/For-projects-approved-with-two-third-consent-of-allottees where you can see the list which while going to the bottom shows details on recent years like 2021 and 2022.
RERA Maharashtra: How to check projects whose registrations have been revoked?
To check click on projects-registration revoked or Ab initio void under registration on the RERA website Maharashtra.
You can view the revocation certificate by clicking on the ‘View Revocation order’.
RERA Maharashtra: How to check lapsed projects?
To check click on lapsed projects under registration on the RERA website Maharashtra.
You will reach
https://maharera.mahaonline.gov.in/Site/1128/Lapsed-Projects
Click on the year to check the lapsed projects.
For eg, list of projects expired in 2022 is shown below.
In 2022, 2,800 projects valued at Rs 90,000 crore have lapsed , even as 34,398 projects worth Rs 11.5 lakh crore are registered with RERA Maharashtra, mentions a ToI report. Note that while MahaRERA marks a project lapsed if it is not completed on time. Homebuyers are ignorant of that fact that such lapsed projects can’t be sold or registered. So, if a project is termed lapsed, then banks will stop funding towards it and the owners can’t sell it.
RERA Maharashtra regularising expired projects
RERA Maharashtra is working on regularising the projects that have been declared. This action will offer great respite to home buyers and investors. Around 10% of the 3,371 projects that have been termed ‘expired’ may get an extension from MahaRERA after the regulatory body has decided on regulating the lapsed projects. Developers have to submit the documents needed for getting the extension to MahaRERA online. Already developers of close to 99 projects have submitted the documents to MahaRERA online and around 286 projects have been advised to get an extension. This is a good move as developers will take initiative to revise stalled projects and finally the home buyers will be benefiting from this. The above mentioned numbers once done will bring down the number of expired projects in the state to 2,986.
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RERA Maharashtra: How to report unregistered projects?
As a vigilant consumer, you can also report unregistered projects to the RERA Maharashtra Authority. Here is the step-by-step procedure to file an online request.
*Visit the MahaRERA website 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 on MahaRERA online portal 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 registered on RERA website Maharashtra
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RERA Maharashtra: How to file complaint?
MahaRERA website 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 on MahaRERA website.
*Visit the MahaRERA online complaint forum and click on ‘New Registration’.
*Select ‘User Type’ as ‘Complainant’ and fill the required information on RERA website. Once your user registration is successful, login to the system.
*Now click on ‘My Profile’ under ‘Accounts’ on the RERA website. Fill in the required information.
*Select the ‘Complaint Details’ options on the RERA website 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 on the RERA website.
*Add details about the complainant such as name, type, nature of interest in the project and address of the complainant on the RERA website.
*Add details about the respondent such as name, type and the address.
*Upload documents to support your case on RERA website Maharashtra and reliefs sought.
*Pay the fees to get your complaint registered on the RERA website Maharashtra.
Regarding your RERA Maharashtra complaints and legal matters, you may even mail to legaladv@maharera.mahaonline.gov.in for more clarity.
RERA Maharashtra: Time taken for resolving complaints
RERA Maharashtra generally disposes complaints within 60 days from the date of filing the complaint. However, if the complaint filed is complex, then it may take a longer period of time to resolve the same. As on December 7,2022, the number of complaints received is 19,620 of which 13,211 have been disposed off and 6,409 ( 33%) is in process of hearing.
RERA Maharashtra: What is 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?
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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.
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RERA Maharashtra: How to register projects?
*Visit website 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, registered email address and captcha. 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.
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RERA Maharashtra: Documents required for project registration
RERA Maharashtra latest news
MahaRERA to start investigations on 300 projects over financial mismatch
MahaRERA, starting February 2023, will investigate the irregularities committed at 300 real estate projects worth Rs 500 crore. Site investigations of 45 projects will be done initially to assess the financial mismatch. Developers in the MahaRERA compliance documents have mentioned projects expenses that are not directly proportional to the work done on the project, leading to the investigation.
Maha govt auctions Navi Mumbai based developer’s properties to collect Rs 6.8 crore
Maha government’s Panvel Tehsildar’s office auctioned various properties of N K BhupeshBabu, a Navi Mumbai based developer and promoter of Enkay Garden, to recover around Rs 6.8 crore, mentioned a ToI report. This is part of the Rs 15 crore worth recovery warrants RERA Maharashtra has issued to errant developers in Raigad district.
Update Jan 13, 2023
Maha govt to auction Nirmal Developers’ Mulund plot
Maharashtra government on January 18, 2023 will auction Dharmesh Jain owned Nirmal developer’s land parcel. This auction is a result of MahaRERA issuing multiple recovery warrants to the developer for delayed possession to homebuyers.
Spread over 2,634 sq metres in Jawahar Talkies compound, Mulund (West), the base price of the auction is Rs 31.81 crore. The auction will take place at the Tahsildar office in Mumbai. Bids for the auction has to be made in multiples of Rs 1 lakh.
According to an Indian Express report, interested participants have to pay a deposit of Rs 10 lakh to ‘Tehsildar Kula (Mulund)’ on January 17, 2023.The deposit will be refunded in case of not participating in the bid or the final bid hasn’t been accepted.
People with Indian citizenship can participate in the auction. Interested parties can also do site visits till January 17, 2023. Finally, according to the Mumbai suburban district collector’s office, if the auction on January 18, 2023 is unsuccessful, a fresh auction will held within 30 days.
Update September 20, 2022
MahaRERA permits developers to de-register a residential project
MahaRERA has permitted developers to de-register a residential project in case the developer is unable to proceed with the project as RERA Act has no provision to force completion of a project when a developer himself expresses inability to complete it. Legal experts are of the opinion that this landmark judgement may provide a path to other developers who are unable to proceed with developing the project explore the option of de-registration.
Update on June 20, 2022
Homebuyer eligible for interest on delay in possession: RERA Maharashtra
RERA Maharashtra, in a landmark judgement said that a homebuyer is eligible for interest in case of delay in project possession, even when there was no registered agreement of sale, mentioned a FPJ report.
This is an outcome of the December 2019 order in which RERA Maharashtra had denied a homebuyer from claiming interest on delayed possession as the property was not registered. The homebuyer had paid Rs 80 lakh as consideration value (20% of the flat consideration value). While the agreement of sale was executed on a RS 100 stamp paper, property was not registered. This order was challenged in the tribunal.
Setting aside Maharashtra Real Estate Regulatory Authority’s order of 2019, the Appellate Tribunal of Coram Shriram R. Jagtap, and SS Sandhu on June 17, 2022 directed developer of Aishwarya Heights’ located at Village Majas to pay interest to the homebuyers Jervis and Rose Anthony Creado at the rate of SBI’s highest marginal cost lending rate plus 2% of amount paid by the homebuyer from January 2018 to date of possession. The court also ordered developer to pay Rs 10,000 to the homebuyer as cost.
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MahaRERA blacklists 664 projects
Update on July 29, 2021:
664 housing projects have been blacklisted by the MahaRERA in Maharashtra, owing to them not meeting deadlines. Completion of these projects and possession to home buyers were expected by 2017 and 2018 and there has already been a delay of around four years and three years, respectively. The MahaRERA has strictly forbidden advertisement, marketing and sale of these projects in the state.
Of the 664 projects, media reports indicate that the maximum number of projects (more than 270) have been blacklisted in the Mumbai Metropolitan Region (MMR), followed by Pune with less than 200 projects and the remaining in prominent tier-2 and tier-3 cities of the state.
MahaRERA is yet to give any clarity on the course of action, for completion of these projects and handing it over to the respective home buyers. This move of the MahaRERA gives a strong message to the developers to abide by the rules and gives assurance to home buyers, point out industry experts.
MREAT directs promoter to pay interest for late possession, sets aside MahaRERA ruling
Setting aside the order given by MahaRERA, the Maharashtra Real Estate Appellate Tribunal (MREAT) said that MahaRERA has been taking a stereotyped, yet, erroneous view of Section 18, which has caused far-reaching consequences for the real estate sector. The observation came in the recent L&T Emerald Isle project case in Powai where the MahaRERA ruled that once construction was complete or possession was given, Section 18 ceased to operate and dismissed the home buyer’s complaint of seeking interest for delayed possession. However, now, the MREAT has directed the promoter to pay interest at SBI’s highest marginal cost lending rate plus 2% for the delay in possession, on the amount paid by the home buyer, between the promised date of possession and the actual date of possession.
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MahaRERA to give priority to complainants with life-threatening diseases
As per the latest circular published by MahaRERA, dated June, 21, 2021, the Authority will prioritise complaints on the basis of merits and seniority. The circular also implied that preference will be given to the complaints of people with serious, life-threatening illness.
According to the notification: All complaints filed with MahaRERA shall be heard and decided on merits by the respective single benches of MahaRERA or the adjudicating officer as the case may be, as per the seniority of the complaint which shall be decided as per the date of filng / registration of the complaint before MahaRERA except in the few cases such as where the complainant is suffering from life-threatening disease, where there is direction from superior courts to dispose of the complaint in a fixed time or where complaints in respect of the same project are clubbed together for hearing.
MahaRERA directs developers to give details of permits to flat buyers
MahaRERA has informed builders that from now on, all flat buyers should be kept informed of the extent of the construction permits received. At present, the builders declare that have received the ‘commencement certificate’ without specifying anything further. Since the CC is issued stage-by-stage and can be restricted for the plinth level or the first five floors of a skyscraper, the flat buyer remains under the impression that the CC is for the entire building. Therefore, in cases, where the layout approvals are obtained in stages, buyers should be made aware through a declaration from the promoter, to certify the exact stage of CC. This declaration will have to be uploaded on the RERA portal along with the CC.
Maharashtra RERA directs builder to pay interest for 21 months of delay
Recently, the MahaRERA directed developer Acme Housing India Pvt Ltd to pay interest for delayed possession for 21 months, to home buyers of its Alpinia project in Thane, under Section 18 of the Real Estate (Regulation and Development) Act (RERA). According to the complaint filed, the buyer booked a flat in the project in December 2014 with the promise of possession by December 31, 2017. The buyer paid a sum of Rs 1.11 crores but the developer failed to deliver possession as per the registered agreement for sale. In its order the MahaRERA said that the buyer would get interest at 9.3% for every month of a delay from July 1, 2018 till March 2020. The project got the OC in March 2020. However, the buyer did not take possession and filed the case with MahaRERA.
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.”
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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.
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RERA Maharashtra: Contact information
You can contact following RERA Maharashtra offices Monday to Friday from 10 am to 6 pm.
Maharashtra Real Estate Regulatory Authority (Mumbai headquarters)
6th & 7th Floor, Housefin Bhavan, Plot No. C – 21, E – Block,
Bandra Kurla Complex, Bandra (E), Mumbai 400051
Tel. No. 022 68111600
Pune Division
Maharashtra Real Estate Regulatory Authority
109 to 113, First Floor,
Sayajirao Gaikwad Udyog Bhavan,
Aundh, Pune -411 007
Tel. No. : 020 29806545
Nagpur Division
Maharashtra Real Estate Regulatory Authority
Administrative Building No.1, 1st Floor,
Adjacent to Udyog Bhavan, Civil Line,
Nagpur – 440001.
Tel. No. : 0712 2551400
FAQs
What is RERA Act in Maharashtra?
The Maharashtra Real Estate Regulatory Authority (MahaRERA), was established under the Real Estate (Regulation and Development) Act 2016 (RERA), through Notification No.23 of the state government. The state's rules under the RERA were formulated as the Maharashtra Real Estate (Regulation and Development)(Registration of real estate projects, Registration of real estate agents, rates of interest and disclosures on website) Rules, 2017.
How to file complaint in RERA Maharashtra?
One should first register as a 'Complainant' in the MahaRERA portal and then login under the new user created, to 'Add New Complaints'.
What is MahaRERA?
MahaRERA is the Maharashtra Real Estate Regulatory Authority. It came into existence on May 1, 2017.
What is the conciliation mechanism under MahaRERA?
Maharashtra was the first Indian state to initiate the conciliation mechanism under Section 32 (g) of the RERA. The Conciliation Forum provides for alternative dispute resolution, which can be invoked by any aggrieved allottee or promoter (as defined under RERA).