[ecis2016.org] Maharashtra has one of the most active Real Estate Regulatory Authorities in India. Here’s all you need to know about checking projects and agents and filing complaints on MahaRERA
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 was the first Indian state to implement RERA Maharashtra. Known as the Maharashtra Real Estate Regulatory Authority (MahaRERA) or RERA Maharashtra, the regulatory body has over 33320 registered promoters and 33798 registered property agents, as of February 22, 2022. Daman & Diu and Dadra Nagar Haveli that also comes under RERA Maharashtra has 162 registered promoters and 2 registered agents. According to the MAHA RERA website, the RERA Maharashtra authority has also got over 17,030 complaints, out of which 11361 have been disposed of. These statistics stand out when compared to other state authorities.
You are reading: All you need to know about RERA Maharashtra
Starting February 19, 2022, 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. According to a TOI report, close to 16,000 complaints will be displayed as project and promoter wise on the RERA website home page. 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. With this new development, this will change.
Maharashtra RERA 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 website has a number of features to help buyers make informed decisions. ecis2016.org News brings you a detailed guide for using the MahaRERA portal.
ecis2016.org News brings you a detailed guide for using the MahaRERA portal.
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How to check MahaRERA registered projects?
*Visit the MahaRERA 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.
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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 will reach https://maharera.mahaonline.gov.in/Site/1120/Projects—Registration-Revoked-or-Ab-initio-void
You can view the revocation certificate by clicking on the ‘View Revocation order’.
RERA Maharashtra: How to check lapsed projects?
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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 2021 is shown below.
According to an Indian express report, Mumbai topped the list with highest number of lapsed projects among the cities in Maharashtra. Mumbai reported 145 lapsed projects with 9,236 apartments of which were 5,983 were sold. Pune ranked second with 92 projects with 4,852 units, of which 2,488 were sold. This was followed by Aurangabad -27 projects with 1,116 units, of which 254 were sold, Nagpur -23 projects of 1,392 units of which 777 were sold and Satara -23 projects with 1,664 units of which 661 were sold. 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.
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
How to file complaint on MahaRERA?
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.
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.
RERA Maharashtra: How to register projects?
*Visit MahaRERA 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
- Name, address, mobile number and photograph of the promoters (in case of individuals)
- In the case of Company or Partnership Firm, Registration documents
- Ownership/Lease/Development agreement
- Approved Building Plan
- Approved Building Layouts
- RERA Bank Account details
- Form 1 From Architects
- Form 2 from Structural Engineer
- Form 3 From Chartered Accountants
- Name, address, mobile number and photograph of the promoter (people in management, in the case of entities)
- PAN card copy of promoter
RERA Maharashtra latest judgements
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.
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.”
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
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).
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