by THO
The Maharashtra Real Estate Regulatory Authority (MahaRERA) grabbed attention in 2024. The former chairman, Ajoy Mehta, who retired in September 2024, released a book titled ‘ RERA – A Perspective’ in which he spoke about how the real estate sector is full of ‘horror stories’ where homebuyers have either booked or purchased a property in a project that perhaps did not have the required approvals.
Mehta said that developers also sell flats on the higher floors (which command a premium) without clearances from civil aviation authorities. “It must be understood that while a plot may have the potential to be built up to a certain height, this was, however, possible only if it was subject to civil aviation clearances,” Mehta writes in his book.
However, even after new MahaRERA chairman Manoj Saunik took charge from Ajoy Mehta in September 2024, the inflow of homebuyers-friendly policy decisions and orders has continued. In 2024, MahaRERA issued at least a dozen homebuyer-friendly orders to boost confidence in Maharashtra’s real estate sector.
Also Read: 5 orders passed by MahaRERA to safeguard homebuyers’ interests in Maharashtra
Here are the top 5 MahaRERA orders in 2024
1. Parking details to be included in the agreement and allotment letter
In 2024, the MahaRERA asked real estate developers to mandatorily include details of parking spaces allotted or sold to homebuyers in the sale agreement and issue an allotment letter to prevent ambiguity and future disputes. The authority formally notified this direction on September 3.
MahaRERA’s logic behind issuing such an order was that it received several complaints from homebuyers, such as building beams obstructing vehicle parking, inability to park in the allotted slot, and inadequate manoeuvring space. Hence, MahaRERA made it mandatory for developers to include all details related to parking, such as size, height, and width, in annexures to the allotment letter and sale agreement.
2. Mention the delivery date of amenities in the agreement
MahaRERA in July 2024, on getting several complaints from homebuyers that developers were delaying in providing amenities or facilities that were promised in the agreement or provided amenities and facilities were different from what was promised at the time of booking, the MahaRERA made it mandatory for developers to mention details such as delivery date of amenities, size, location of the amenities, to ensure that homebuyers get want they were promised.
3. Quality of construction to fix leakages in homebuyers’ flat
In April 2024, the MahaRERA issued a framework for appointing third-party agencies to determine the quality of construction before handing possession to homebuyers. The MahaRERA said this exercise aims to guarantee construction quality right from the outset for homebuyers.
Under the mechanism, the quality of construction will be audited during several phases throughout the construction cycle, including when finishing, before handing over possession to homebuyers. Before this, the Real Estate Regulatory Act of 2016 had mandated a five-year defect liability on the developers; however, the above order was issued to ensure the work was well audited and regulated during the construction stage itself.
4. Guidelines on senior citizens’ homes
In May 2024, MahaRERA issued guidelines for real estate developers constructing senior citizen housing projects. This move makes MahaRERA the first housing regulatory body in India to promulgate provisions for housing projects for retired citizens.
The guidelines issued by MahaRERA covered a wide range of topics such as design, accessibility, mobility, bathrooms, green principles, and safety features, among others, for a project to be called a senior citizen housing project. The MahaRERA mandated developers to include special provisions in the Agreement for Sale and other relevant documents to mention details of the senior citizens’ housing project, per the guidelines issued by the regulator.
5. Consultation paper on the grading of real estate projects in Maharashtra
Former MahaRERA chairman Ajoy Mehta announced in 2023 that real estate project grading would take off in 2024. In 2024, the MahaRERA also floated a consultation paper to take public suggestions on grading real estate projects. The MahaRERA stated that grading was being done to help homebuyers make informed decisions. The regulatory authority had chosen four parameters based on information uploaded by the developers. These included technical, financial, and legal details and a project overview.
However, in October 2024, the regulator put the grading of real estate projects under cold storage. In October, MahaRERA officials told HT.com that the Real Estate Regulatory Act 2016 does not authorise regulators to grade projects.
Also Read: MahaRERA puts grading of real estate projects in Maharashtra on hold
“We are not going ahead with the plan for grading projects. How can MahaRERA, being a regulatory watchdog, rate or grade projects? The Real Estate Regulatory Act does not categorically allow the same. If we go ahead with grading, it might be challenged by someone in the court of law tomorrow. We do not want this to happen and hence are not rushing into anything like this,” a senior MahaRERA official, not wishing to be named, told HT.com.
