Maharashtra Real Estate Regulatory Authority
Date: 21/09/2021
Order No. 24/2021
MahaRERA/Secy/fileno.27/203/2021
Sub: – Procedure for validation of Form-4 (Architect’s Certificate on Completion of Project).
MahaRERA has so far registered 30668 projects, out of which 7214 projects are completed. It is seen that 3371 projects have expired and Promoters have not applied for extension of the project date nor uploaded the Form 4.
A list of expired projects has now been uploaded, on our portal. Many promoters are either uploading form 4 with or without OC or they are applying for extension of the date of completion.
Following procedure is hereby decided for validation of Form 4.
A. Projects with Form 4 and with OC having date of OC before date of expiry of the project and in cases where OC is received after date of completion.
1. Form 4 with OC within the date of completion.
Action — Can be validated as correct.
2. Form 4 with OC received after date of completion.
Action —i) If there is no sold inventory, promoter can apply in correction module and completion date can be corrected.
In case there is sold inventory, then
ii) Promoter has to apply for extension which will be valid up to the date of OC. (As project has been completed, post facto extension may be granted.)
B. Projects with Form 4 but no OC or Part OC, OR Projects which are expired but have not uploaded either Form 4 or OC.
1. Form 4 but no OC or Part OC.
Action: –
i) If there is no sold inventory, promoter can apply in correction module and completion date can be corrected.
In case there is sold inventory, then
ii) Promoter has to apply for extension under section 6 if applicable
OR
iii) Promoter to apply for extension under section 7(3) with at least 51% allottees consent. OR
iv) If consents are less than 51%, apply with available consents. (Authority may set up a joint Hearing with allottees and may consider extension with additional conditions).
2. Projects is expired but no Form 4 or OC is uploaded.
Action: –
i) In case there is no sold inventory, promoter can apply in correction module and completion date can be corrected.
If there is sold inventory, then
ii) Promoter has to apply for extension under section 6 if applicable OR
iii) Promoter has to apply for extension under section 7(3) with at least 51% allottees consent. OR
iv) If consents are less than 51%, apply with available consents. (Authority may set up Hearing with allottees and may consider extension with additional conditions).
v) If promoter does not apply for extension, or does not respond, then Allottee’s society can apply to Authority under section 7, and after Hearing, appropriate order will be passed by the Authority.
The above procedure shall come into effect immediately.
(As approved by Authority.)
(Dr. Vasant Prabhu)
Secretary/MahaRERA
