RERA FAQs

 Here is a concise FAQ format for the MahaRERA website based on your input:

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FAQs for MahaRERA Website

I. General FAQs

1. What are the objectives of the Real Estate (Regulation and Development) Act, 2016?
   The Act aims to:

   • Protect allottees' interests.
   • Increase transparency and reduce fraud.
   • Standardize real estate practices.
   • Balance information symmetry between promoters and allottees.
   • Enforce contracts and establish a fast-track dispute resolution system.

2. Which areas in Maharashtra are considered Planning Areas under the Act?
   All districts in Maharashtra, as notified under the MR & TP Act.

3. Does the definition of "promoter" include public bodies?
   Yes, public bodies like Development Authorities and Housing Boards are included if they develop projects for sale.

4. Is a project with less than 500 sq.mts but more than 8 apartments required to register?
   No, registration is required only for projects exceeding both thresholds.

5. Does advertisement include solicitation through emails and SMS?
   Yes, all mediums of solicitation, including emails and SMS, are included.

6. Can projects advertise without registering post-May 1, 2017?
   No, advertisements must include the MahaRERA registration number.

7. Does the term "allottee" include secondary sales?
   Yes, but it excludes rental transactions and lease agreements.

8. Is it permissible to sell parking to allottees?

   • Open Parking: Not for sale, considered a common area.
   • Covered Parking and Garages: Permissible for sale.

9. What are the promoter's obligations for refunds and compensation?
   Section 18 mandates refunds and compensation for delays or project-related issues.

10. Can a complainant approach both the Regulatory Authority and Consumer Forums for the same issue?
    No, they must choose one forum for redressal.

11. Is there an additional fee for MahaRERA website services?
    Yes, details are available in the MahaRERA Order on the website.

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II. FAQs from the Consumer's Perspective

12. Do promoters need permissions before registering projects?
    Yes, a Commencement Certificate is mandatory.

13. What are the penalties for non-registration of a project?

    • Fine: Up to 10% of the project's estimated cost.
    • Continued violation: Fine + imprisonment up to 3 years.

14. How can buyers verify project registration?
    Through the MahaRERA website and advertisements displaying the registration number.

15. Is real estate agent registration specific to projects or individuals?
    Agents must register individually or as entities; project-specific agents will be listed.

16. What penalties do unregistered agents face?
    Daily fines of ₹10,000, up to 5% of the project's cost.

17. Do promoters provide an undertaking for project completion?
    Yes, with a declaration and affidavit.

18. How does MahaRERA protect buyers if project registration is revoked?
    Actions are taken under Section 8 to safeguard buyer interests.

19. Are buyers entitled to interest for delayed possession?
    Yes, as per the agreement, interest is payable for delays.

20. Is interest payment automatic or complaint-based?
    It should be automatic but may require filing a complaint for grievances.

21. Is there a ceiling on interest for allottee payment defaults?
    Yes, SBI's highest MCLR + 2% is applicable.

FAQs for Home Buyers and Promoters (Continued)

From Home Buyer's Perspective:

24. Is there any provision for interim relief to be granted, pending the final adjudication of the complaint?
    Ans: Yes, the procedure to be followed for interim relief is detailed in section 36 of the Act, read with Rule 6(2) of Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine Payable, Forms of Complaints and Appeal, etc.) Rules, 2017.

25. Where will the aggrieved home buyer be required to file his complaint?
    Ans: The aggrieved person can file an application online through the format provided on the MahaRERA website.

26. On what grounds can the home buyer file a complaint?
    Ans: An aggrieved person can file a complaint for any violation or contravention of the provisions of the Act or the Rules or Regulations made thereunder.

27. Who would decide the complaints?
    Ans: As per Regulation 24 of Maharashtra Real Estate Regulatory Authority (General) Regulations 2017, MahaRERA may appoint a single bench (Chairperson or a Member) for adjudicating complaints on specific matters.

28. Is there any pecuniary jurisdiction for complaint handling authorities?
    Ans: No, but geographical jurisdiction may be specified for the Chairperson or members of MahaRERA.

29. Is there any time limit prescribed for disposal of complaints?
    Ans: As per Section 29 of the Act, complaints should be disposed of as expeditiously as possible, but not later than 60 days from filing. If not possible, reasons must be recorded.

30. If the buyer wants to file a complaint in Consumer Court, is there any bar under the Act?
    Ans: No. Civil courts are barred, but consumer forums (National, State, or District) are not, as per Section 79 of the Act. Complaints can be withdrawn from consumer forums and filed with the adjudicating officer for issues under sections 12, 14, 18, and 19.

31. Is there an appeal against orders given by MahaRERA? What is the time limit? What are the fees?
    Ans: Yes, any person aggrieved can file an appeal before the Appellate Tribunal within 60 days, as per Rule 9 of Maharashtra Real Estate (Regulation and Development) Rules, 2017.

32. Is there a time limit prescribed for the promoter for the formation of society or other legal entities for home buyers?
    Ans: Yes, the promoter must enable formation of a legal entity (e.g., cooperative society) within three months after 51% of the total number of buyers have booked their apartment.

33. Is there a time limit prescribed for the promoter to execute conveyance in favor of the association of buyers?
    Ans: Yes, the promoter must execute a registered conveyance deed within three months from the issuance of the occupancy certificate or when 51% of the buyers have paid full consideration, whichever is earlier.

From Promoter's Perspective:

34. How does the Act Impact Joint Promoters or Joint Venture Agreements?
    Ans: Both the promoter and the landlord (or any party benefiting from the project) are considered Co-Promoters and must comply with the provisions of the Act and related regulations.

35. How does the promoter make an application for registration?
    Ans: From 1st May 2017, MahaRERA introduced an online registration application. Promoters must fill out the required forms, upload necessary documents, and pay the fees.

36. Is it compulsory for the promoter to register the project immediately after getting sanctioned approvals?
    Ans: Yes, promoters must register the project before any advertising, marketing, booking, or selling of plots, apartments, or buildings.

37. Will ongoing projects have to stop sales or construction until receiving registration?
    Ans: Yes, after 90 days from the notification of Section 3 of the Act, promoters must register ongoing projects to continue selling or marketing any properties.

38. Can the promoter change the completion date for ongoing projects while registering?
    Ans: Yes, the promoter can provide a revised completion date based on the progress of development during registration.

39. If an ongoing project is registered under MahaRERA, will the Act apply to the entire project or only units sold after registration?
    Ans: The registration applies to the entire project or phase, and the provisions of the Act will apply to all units within that registered project or phase.

40. Can an allottee who executed an agreement with the promoter before registration file a complaint with MahaRERA?
    Ans: Yes, MahaRERA can adjudicate complaints from allottees who entered agreements before registration, as long as there are violations or contraventions of the provisions of the Act.

41. Can the promoter change the plans of subsequent phases after registering the first phase?
    Ans: Yes, but the promoter needs the consent of all allottees in the current phase to change the plans. Consent is required for changes in registered phases as per Section 14 of the Act.

42. If the promoter needs to change the plans of an ongoing project post-registration, will he need the consent of the pre-registration purchasers?
    Ans: Yes, the consent of all pre-registration allottees is required to change the plans post-registration.

43. What should the promoter commit to the customer for the registered phase, given that common amenities are handed over after subsequent phases?
    Ans: The promoter must clearly declare the date of possession and completion for the registered phase, including the common areas and amenities for that phase.

44. Is insurance of the project compulsory? What are the provisions regarding insurance?
    Ans: Yes, insurance is compulsory once the State Government issues a notification. The promoter must insure the project and provide documentation to the association of allottees when formed.

45. Can project finance taken by promoters from financial institutions be withdrawn from the designated 70% account?
    Ans: Yes, as per Section 4 of the Act, the money withdrawn from the 70% account must be used for construction-related expenses, subject to the provisions of the Maharashtra Real Estate Rules.

46. In case of joint development with a landowner on a revenue share basis, can the landowner’s share be withdrawn from the designated account?
    Ans: Yes, as both the promoter and landowner are co-promoters, the withdrawal of money will be governed by Section 4 of the Act and Maharashtra Real Estate Rules, 2017.

47. Are amounts collected from allottees, such as for stamp duty, parking, maintenance, etc., required to be deposited in the designated 70% account?
    Ans: Yes, these amounts are part of the project cost and should be deposited in the designated 70% account.

48. When does the promoter need to form society, association, etc.?
    Ans: The promoter must ensure that an association of allottees is formed within three months after 51% of allottees have booked their apartment.

49. If government policy changes and the promoter is entitled to additional FSI, can he build additional floors in a registered ongoing project?
    Ans: Yes, but the promoter needs to obtain consent from all allottees for such changes in the plans, as per Section 14 of the Act.

50. Does MahaRERA recognize the Maharashtra Ownership Flats Act and Apartment Ownership Act?
    Ans: Yes, these Acts have not been repealed. However, in case of conflicting provisions, the provisions of the Central Act shall prevail.

51. What happens if the promoter does not receive a response to the application for registration? How will the ID and password be provided?
    Ans: As per the Act, in case of deemed registration, MahaRERA will provide the registration number within seven days.

52. How will the Act, Rules, and Regulations affect the advertisement of projects with many phases?
    Ans: The promoter can only advertise or sell a phase that has been registered. They cannot advertise or sell amenities or facilities for subsequent unregistered phases.

53. What if the promoter purchases adjoining land? Can the same registration be continued?
    Ans: No, the adjoining land must be separately registered if it was not part of the original project.

54. What should the promoter do if a particular brand...
    (Answer to be continued based on further details from the document.)

These FAQs are designed to assist both home buyers and promoters in understanding the regulations and procedures under the Maharashtra Real Estate Regulatory Authority (MahaRERA) and the Real Estate (Regulation and Development) Act.