The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued Order No. 45/2023, which pertains to the verification of the authenticity and genuineness of commencement certificates and occupation certificates submitted by promoters. The order highlights the establishment of MahaRERA as the regulatory authority for real estate in Maharashtra and the enactment of the Real Estate (Regulation and Development) Act, 2016.
The order emphasizes the requirement for promoters to apply for registration of their real estate projects and submit necessary documents, including the commencement certificate issued by the Competent Authority. MahaRERA has urged the Urban Development Department to create a system where all approvals and certificates are uploaded to a dedicated portal for verification by buyers and MahaRERA.
To implement this system, the order directs that commencement certificates submitted by promoters must be compared and verified for authenticity with the certificates forwarded to MahaRERA. Only after confirmation of the certificate’s authenticity will the application for project registration be processed further. This procedure will be followed until the Competent Authorities integrate their websites with MahaRERA’s website. The order also mentions the applicability of prescribed timelines and the responsibility of self-regulatory organizations for promoting compliance.
Overall, the order aims to enhance transparency and consumer protection by ensuring the validity of commencement certificates submitted by promoters for real estate projects.
MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Order No. 45/2023
No. MahaRERA/Secy/ File No. 27/853/2023 Date: 15.05.2023
Sub: In the matter of verification by MahaRERA to ascertain the authenticity/ genuineness of the commencement certificates and occupation certificates submitted by promoters.
Whereas, Government of India has enacted the Real Estate (Regulation and Development) Act,2016 (the Act) and all sections of the Act have come into force with effect from 01.05.2017.
And whereas, the Government of Maharashtra vide Notification No. 23 dated 08.03.2017 has established the Maharashtra Real Estate Regulatory Authority, hereinafter referred to as “MahaRERA” or as “the Authority”.
And whereas, the Government of Maharashtra has notified 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 (the Rules) for carrying out the provisions of the Act.
And whereas, the Authority has notified the Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017 (the Regulations) to carry out the purposes of the Act.
And whereas, the Authority under Section 37 of the Act, and Regulation 38 of the Regulations is vested with the powers to issue directions to promoters, real estate agents and all ottees from time to time as it may consider necessary.
And whereas, the Chairperson, MahaRERA, is vested with the powers of general superintendence and directions in the conduct of the affairs of MahaRERA under Section 25 of the Act.
And whereas, “Competent Authority” is defined under Section 2 (p) of the Act to mean the local authority or any authority created or established under any law for the time being in force by the appropriate Government which exercises authority over land under its jurisdiction and has powers to give permission for development of such immovable property.
And whereas, it is mandatory for every promoter to make an application for registration of a real estate project in such form, manner, within such time and accompanied by the prescribed fees and documents in compliance of the provisions of the Act, the Rules and the Regulations made thereunder as well as in compliance and in consonance of the Orders and Circulars issued by MahaRERA from time to time.
And whereas, one of the documents that is required to be submitted by every promoter for registration of the real estate project is the commencement certificate issued by the Competent Authority.
And whereas, the Authority, in the order passed in the Suo Moto proceedings initiated, as an important consumer protection measure had urged Urban Development Department, Government of Maharashtra to put in place a system wherein all approvals granted to real estate projects such as commencement certificates, occupation certificates are put upon a dedicated portal by the respective Competent Authority so that the veracity of the certificates could be verified by both the buyers / purchasers of real estate projects and MahaRERA.
And whereas, Secretary, MahaRERA vide letter dated 10.11.2022 in view of the orders passed by the Authority in the Suo-Moto proceedings had requested Urban Development Department, Government of Maharashtra to ensure that the website of the respective Competent Authorities in the State are integrated with the website of MahaRERA in a time bound manner and pending such integration necessary directions be issued that the respective Competent Authority shall as and when commencement certificates and occupation certificates are issued, attach and forward the same to a designated email set apart in that regard by MahaRERA.
And whereas, the Government of Maharashtra by Government Resolution dated 23.02.2023 referred above has issued necessary directions to the respective Competent Authority in the state of Maharashtra, the copy of the above-referred Government Resolution is attached herewith as Annexure ‘A’.
In view of the above-referred Government Resolution dated 23.02.2023 the following further directions are issued:
a) With effect from 06.2023 the commencement certificate submitted by promoters along with their application for registration of real estate projects shall be compared and verified for its authenticity/ genuineness with the commencement certificate attached and forwarded to the designated email set apart by MahaRERA. The designated emails set apart by MahaRERA in that regard is annexed herewith as Annexure
b) Only after the commencement certificate is confirmed as having been issued by the respective Competent Authority, as the case may be on comparison and verification with the commencement certificate submitted by promoter shall the application submitted for registration of real estate projects be processed further for grant / issuance of MahaRERA project registration certificate subject to promoters complying with the scrutiny remarks if any issued by MahaRERA.
c) The above procedure shall be followed by MahaRERA until the respective Competent Authority integrate their website with the website of
d) The timeline prescribed in Clause 6 in MahaRERA Circular No. 6 of 2017 dated 04.07.2017 bearing No. MahaRERA/Secy/ File No. 27/113/ 2017 in the matter of start of the period of 30 days mentioned in Section 5 of the Act shall also apply to the procedure enumerated in clauses (a) and (b) above.
e) The procedure mentioned in clause (a) and (b) above shall be followed when promoters submit further commencement certificates and occupation certificates in respect of their real estate projects.
f) Self – Regulatory Organization for promoters registered with MahaRERA shall take note of the above and shall ensure that its member promoters are made aware about the need and requirement to follow the above
g) Promoters shall also take note of the introduction of the above procedure, understand the need and requirement to follow the same.
(As approved by the Authority)
(Mohun Rao
Secretary (Ic) / MahaRERA
