MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Order No. 32/2022 | Date: 01/07/2022
MahaRERA/Secy/File no. 27/163/2022
Subject- Directions in the matter of application submitted for Registration of Real Estate Projects and Real Estate Agents, Project Extensions and Corrections.
MahaRERA, receives online applications for registration of real estate projects and real estate agents as well as for project extensions and corrections. Many a times such applications are incomplete and / or submitted without proper information/data or submitted by uploading non-legible documents etc. This leads to delay in processing and according final sanctions. The following directions are therefore issued in the matter of submission of the applications for registration of real estate projects and real estate agents, project extensions and corrections.
On receipt of an application, the same shall be scrutinized as per the provisions of the Real Estate and Development Act, 2016, the Rules and the Regulations as well as MahaRERA Circulars and Orders made thereunder. If all the information is uploaded properly and found in order, the application will be submitted to next level for approval.
Scenario-1
In case where an application is submitted with discrepancy, mismatch in information, non-legible document, such application shall be treated as an incomplete application.
Such incomplete application shall be sent back to the applicant with scrutiny remarks indicating the discrepancy and /or the incomplete documents on the portal and mail id of the applicant.
Scenario-2
Subsequent to resubmission of the application, if all the information is uploaded and the scrutiny points complied with, such application will then be submitted to next level for approval.
In case the application is found to be incomplete or scrutiny points have not been complied with, such applications shall be once again sent back to the applicant for more information with scrutiny remarks on the portal and mail id of the applicant.
On receipt of scrutiny remarks in both the above scenarios, the applicant shall upload all the documents and information with utmost care as specified in the scrutiny remarks, and only then resubmit the same on the portal. In the event, the applicant desires any clarification on the scrutiny remarks as issued, the applicant may approach MahaRERA Helpdesk before resubmission of the application.
Scenario 3-
On resubmission of application, if all the information is uploaded properly and the same found in order, the application will be submitted to next level for approval.
However, if the application as resubmitted is still found to be incomplete and/or not in compliance with the scrutiny remarks, then the applicant shall be informed to appear in Open House Meeting before the designated official of MahaRERA on a scheduled date (Physically or Virtually) for resolving of the issues / queries. Applicant is expected to carry all necessary documents in order to enable verification. Applicant shall be informed of the remaining compliances during the course of the open house meeting. Applicant shall then submit the completed application complying with all remarks brought to the notice of the applicant during the open house meeting. Within 7 (seven) days after the date of the open house meeting.
Scenario 4-
On resubmission of application after the open house meeting, if all the information is uploaded properly and the same is found in order, such application will be submitted to next level for approval.
In the event the application as resubmitted after the open house meeting it is noticed that the scrutiny remarks raised have not been complied with and/or the application still remains incomplete, such application shall then be considered as incomplete, closed and filed.
Resubmission of the applications thereafter shall be permitted and taken up for consideration only on payment of penalty of 25% of the registration fees in the 1st (first) instance.
On resubmission of the applications on payment of penalty, if it is found that the applications are submitted without having complied with the scrutiny remarks the above stated stages shall once again be followed and if after the second open house meeting it is noticed that the application still remains incomplete such application shall be once again considered as incomplete closed and filed.
Resubmission of the application thereafter shall be permitted and taken up for consideration only on payment of 40% of the registration fees in the 2nd (second) instance.
The above penalty shall be applicable for applications submitted for registration of real estate projects, real estate agents and project extensions. In the case of project corrections penalty shall be Rs. 5000/- for every instance. Completion of all the 4 (four) Scenario mentioned above shall be considered as a single cycle for the purpose of determining a single instance.
In the event it is noticed that even after payment of 40% of the penalty amount, applications are resubmitted without having complied with the scrutiny remarks, the case shall be referred to the Authority for appropriate orders.
The above direction shall also be applicable in the event the applicant or his representative does not attend the open house meeting.
All promoters are requested to take necessary steps to ensure that applications as submitted are complete in all aspects and all supporting documents as uploaded are legible in order to avoid delays in the matter of disposal of the applications.
Issued with the approval of the Authority.
(Dr. Vasant Prabhu)
Secretary / MahaRERA
