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MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY

Order No. 41/2023
No. MahaRERA/Secy/ File No. 27/74/2023
Date: 10.01.2023

Sub: In the matter of introduction of real estate agent training and certification.

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, 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 the promoters, real estate agents and allottees from time to time as it may consider necessary.

And whereas, 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, the Act was enacted to bring professionalism, accountability and competency in real estate sector.

And whereas, real estate agents are an integral part of the real estate sector, who connect home buyers / allottees and promoters and as such facilitate most of the real estate transactions.

And whereas, Section 9 of the Act, mandates every real estate agent to be registered with MahaRERA before facilitating the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment, unit or building as the case may be in a real estate project or part of it being sold by a promoter and accordingly, MahaRERA has around 38771 real estate agents registered across the State of Maharashtra.

And whereas, real estate agents being the public face and an intermediary between the home buyers / allottees and promoters it is essential that real estate agents have comprehensive understanding of the real estate transactions in order to guide the home buyers / allottees through each stage of purchase of any plot, apartment, unit or building so as to avoid any misunderstanding and disputes.

And whereas, in the State of Maharashtra, there is need to make available an Institution for real estate agents to undertake formal training and certification course and thus enable homebuyers / allottees to get comprehensive professional advice and expertise inputs thereby assisting the home buyers / allottees to make an informed choice / decision in the real estate market.

And whereas, in order to bring about certain level of consistency in the practices of real estate agents, enhance knowledge and awareness of the regulatory and legal framework and practices, enforcement of code of conduct and with a view to ensure that real estate agents are professionally qualified to help / assist home buyers / allottees, MahaRERA proposes to introduce basic real estate agent training and certification course for real estate agents across the State of Maharashtra.

And whereas, Section 9 (3) of the Act enables the Authority to grant registration to real estate agents upon fulfillment of conditions as prescribed.

And whereas, Section 33 (3) of the Act empowers the Authority to take suitable measures for the promotion of advocacy, creating awareness and imparting training about laws relating to real estate sector and policies.

And whereas, under Section 34 of the Act, one of the function of the Authority is to register and regulate real estate projects and real estate agents registered under the Act.

And whereas, MahaRERA has over the past 2 years, in consultation with associations of real estate agents, homebuyers, promoters and All India Institute of Local Self Governance (AIILSG), have developed the basic curriculum for real estate agent training and has empaneled training providers for imparting the training as per the convenience of the real estate agents: online, physical and in hybrid form with effect from first week of February 2023.

And whereas, MahaRERA has collaborated with Institute of Banking Personnel Selection (IBPS) for undertaking online examinations so that real estate agents who clear the examinations are provided with “Certificate of Competency”.

In view of the above the following directions are issued:

a) With effect from 01.05.2023, only those real estate agents who have a valid MahaRERA Real Estate Agent Certificate of Competency can apply for MahaRERA real estate agent registration / renewal of registration.

b) The mandate mentioned in Clause (a) above shall apply to the following persons:

i) All individual real estate agents in case of individuals and authorized signatory (authorized for making application for MahaRERA real estate agent registration) in case of firms / companies / organizations (Other than Individuals).

ii) All employees / staff / officers by whatever designation called working in firms / companies / organizations of real estate agents, who interact with homebuyers / allottees for effecting transactions in real estate projects.

c) Existing registered real estate agents shall obtain MahaRERA Real Estate Agent Certificate of Competency before 01.09.2023 and upload the same at their respective web page failing which action as deemed fit shall be initiated by the Authority.

d) With effect from 01.09.2023 promoters of real estate project shall ensure that the names and addresses of the real estate agents if any to be given in compliance of Section 4 (2) (j) of the Act shall be of only such real estate agents who have MahaRERA Real Estate Agent Certificate of Competency.

e) Guidelines detailing the process for real estate agents training and certification shall be issued shortly.

This Order shall come into force with immediate effect.

(As approved by Authority.)

(Dr. Vasant Prabhu)
Secretary, MahaRERA

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