Introduction: The Real Estate (Regulation and Development) Act, 2016, underscores the significance of construction quality and prompt resolution of defects. However, MahaRERA recognizes that safeguarding homebuyers’ interests necessitates a proactive approach beyond mere rectification. Therefore, MahaRERA has proposed a comprehensive strategy focused on construction quality assurance to minimize defects and ensure adherence to stringent standards throughout the construction process.
The Real Estate (Regulation and Development) Act, 2016, under Section 14(3), emphasizes the importance of construction quality and addressing the structural defects and other shortcomings promptly.
Section 14(3) of the Act stipulates that “In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge. within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.
While this provision offers remedies for rectification, it’s imperative to acknowledge that safeguarding homebuyers’ interests goes beyond mere post- defect solutions. Instead, the focus should shift towards establishing robust processes and standards to prevent defects from occurring initially.
MahaRERA vide order- MahaRERA/CC/1905/2024, dated 24/04/2024 proposed a proactive approach centered on construction quality assurance as its primary objective. This strategy aims to minimize the likelihood of defects by ensuring
stringent standards of material quality and workmanship throughout the construction process. By prioritizing quality assurance, real estate projects can deliver defect-free outcomes that meet strict quality benchmarks, benefiting homebuyers and enhancing the industry’s sustainability and reputation.
The proactive stance underscores the importance of quality assurance as a pre-emptive measure, strengthening homebuyers’ trust and confidence in the real estate market. MahaRERA’s initiative introduces a Quality Assurance Certificate, requiring promoters to report annually on four key parameters:
1. Structural Design, Stability, and Testing;
2. Quality of Input Materials;
3. Quality of Workmanship; and
4. Miscellaneous
This declaration empowers homebuyers with essential information for making informed decisions.
MahaRERA has prepared a draft declaration on Quality Assurance to be given by the Site Supervisor/Site Engineer, duly certified and submitted by the promoter, on a yearly basis. This proposed Quality Assurance Certificate if approved, then it shall replace the existing Form 2A (Engineer’s certification for quality assurance). The Stakeholders may submit their suggestions/ views on the proposal latest by 23’d May 2024 by email to suggestions.maharera@gmail.com.
PROPOSED FORM-2A BY MAHARERA
MahaRERA invites suggestions on Draft Regulation for Quality Assurance
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