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Introduction: The Maharashtra Real Estate Regulatory Authority (MahaRERA) is soliciting feedback on its Draft Regulation for Quality Assurance, emphasizing the importance of proactive measures in ensuring the quality of construction. Under the Real Estate (Regulation and Development) Act, 2016, MahaRERA is empowered to enforce standards that safeguard the interests of homebuyers.

Detailed Analysis

1. Legal Framework: Section 14(3) of the Act mandates promoters to rectify defects within a specified period. However, MahaRERA seeks to go beyond mere rectification by instating measures to prevent defects in the first place.

2. Proactive Approach: MahaRERA’s focus is on quality assurance as a preemptive measure rather than a reactive one. By ensuring strict adherence to quality standards throughout the construction process, the aim is to minimize the occurrence of defects and subsequent rework.

3. Quality Parameters: The proposed Quality Assurance Certificate encompasses four key parameters:

  • Structural Design, Stability, and Testing
  • Quality of Input Materials
  • Quality of Workmanship
  • Miscellaneous Factors

4. Responsibility: The certificate, to be submitted annually, holds the promoter accountable for maintaining standards prescribed by MahaRERA. It emphasizes the importance of structural integrity, material quality, skilled labor, and adherence to regulatory requirements.

5. Consultation Process: MahaRERA invites stakeholders to provide suggestions and views on the draft regulation, underscoring the collaborative effort to enhance quality standards in the real estate sector.

Conclusion: MahaRERA’s initiative to solicit feedback on the Draft Regulation for Quality Assurance signifies a proactive stance towards ensuring high standards in real estate development. By incorporating preventive measures and rigorous quality checks, MahaRERA aims to instill confidence in homebuyers and elevate the reputation of the industry. Stakeholder participation is pivotal in shaping regulations that promote sustainable and quality-centric practices, ultimately benefitting both buyers and developers.

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MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY

No. MahaRERA/ CC/1905/ 2024

Date:-24.04.2024

inviting suggestions on Draft Regulation for Quality Assurance

Real Estate (Regulation and Development) Act, 2016 places significant emphasis on the Quality of Construction. 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 the Act does provide remedial measures for defect rectification, it is essential to recognize that the best approach to safeguarding the interests of homebuyers is not limited to offering remedies after defects have surfaced. Instead, the focus should be on establishing processes and standards that minimize the likelihood of defects occurring in the first place.

MahaRERA proposes a proactive approach centred on quality assurance as its primary objective. This approach supports preventing defects from arising initially, thereby obviating the need for costly rework. By ensuring rigorous standards of material quality and workmanship throughout the construction process, real estate projects can be executed with a defect-free outcome that adheres to strict quality standards.

This proactive stance not only benefits homebuyers by delivering high-quality homes but also contributes significantly to the sustainability and reputation of the real estate industry. It highlights the importance of quality assurance as a preemptive measure rather than just a reactive one, ultimately bolstering the trust and confidence of homebuyers in the real estate market.

In light of this, MahaRERA has developed Quality Assurance Certificate wherein the promoter shall report on yearly basis on following four parameters:

(1) Structural Design, Stability and Testing

(2) Quality of Input Materials

(3) Quality of Workmanship

(4) Miscellaneous

The declaration shall be displayed to homebuyers for informed decision making.

Therefore, 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 yearly basis. The proposed Form 2A shall replace the existing Form 2A.

All Stakeholders are requested to submit their suggestions/ views on the proposal contained in the consultation paper latest by 23rd May 2024 by email to suggestions.maharera@gmail.com

Yours Faithfully

Secretary,
MahaRERA

FORM-2A

[See MahaRERA Order No.__________]
ENGINEER’S CERTIFICATE FOR QUALITY ASSURANCE
(Site Supervisor’s Certificate)
(To be submitted at end of the financial year)

Date

To,

The_______________ (Name & Address of Promoter)

Quality Assurance Certificate

(Project Registration No………………………….. for the Year Ending………………. .)

Subject: Certificate for quality of materials used and quality of Construction and workmanship for the work of <Project Name> having MahaRERA Registration Number

__________________ being developed by [Promoter’s Name]

Sir,

I / We have undertaken an assignment of supervision of this real estate project.

Our Responsibility.

To carry out the work in accordance with the development permission and as per the approved plan and submit certificate of supervision of work and to carry out material testing in-situ or in the authorized laboratory as per prevailing and applicable standards and to ensure quality of work and workmanship as per prescribed specifications, and as per NBC and or other relevant code of practice.

The details of the quality are as follows:

1. Structural Design, Stability and Testing

Sr
No
ParametersYesNoRemarks
1Whether soil investigations of the site has been conducted before the structural design and soil parameters have been accounted for in the structural design/ drawings?
2Whether Structural Engineer has been appointed for the Project?Name: License No: Mobile: Email:
3Whether the Inspection Registers, Site order book and Quality control Test registers are maintained at the site properly and endorsed by the
Engineer-in-charge?
4.Whether testing facilities to check quality of material is available at site?
5.Whether the statuary provisions for disaster resistance / earthquake resistant design have been incorporated, Specially in case of multi-storeyed Construction?
6.Has suitable cognizance been taken on demarcated flood lines and appropriate precautions taken for protecting the site from flooding considering local flooding issues?

2. Input Materials

Sr
No
ParametersYesNoRemarks
1Whether the following Building Materials confirm to relevant IS/BS/NBC code, or as per industry standards. If yes, provide details:
(a) Cement, Concrete and Coarse Aggregate
(b) Steel and its alloys
(c) Electrical wire, fittings and accessories
(d) Plumbing and Sanitary Fittings
2Whether regular tests of materials and construction products are being done from accredited labs also ? If yes, details of such labs
3Whether manufacturer test certificate for cement, steel, pipes etc. have been obtained with supply and records are being maintained?
4Whether Suitable water is being used for construction

i. What is the source of water

ii. Has water been tested and approved by Engineer-in-charge before construction

iii. Has water been tested subsequently as per Requirement

3. Quality of Workmanship

Sr NoParametersYesNoRemarks
1Whether works of all the electrical wiring/ connections / lift installation / other electrical installations have been carried out under authorized /registered electrical engineer and its records has been maintained.
2.Whether all related works of plumbing & sanitary including installation of water supply systems, drainage systems, sewage systems, sinks, toilets etc. have been carried out under authorized / registered plumbers / sanitary contractors and its records has been maintained.
3.Whether all the work is being carried out under supervision of experienced and skilled professional. Further, workmanship and quality is satisfactory and up to the mark and the work has been acceptable within the permissible limits of deviations as per relevant code of practice.
4.Whether remedial measures are undertaken to prevent Dampness & Leakages ? If yes, provide details
5.Whether safety precautions are undertaken during construction activities for all type of workers ?

4. Miscellaneous

Sr
No
ParametersYesNoRemarks
1Whether third party quality inspection is being carried out on site during/ after completion of the works. If yes, provide details
2Whether anti-termite treatment has been undertaken for the soil?
3Whether fire-fighting arrangements has been undertaken under supervision of fire consultant?
4Whether proper signages have been installed on site/ completed building as per requirement.
5Whether precautions are undertaken to avoid air pollution during construction? Please specify.
6Whether records of all test reports / results have been properly kept in the prescribed formats to be available at site for viewing by allottees and to be handed over to the association of allottees
7Whether all relevant records including sanctioned Building plans, utility drawings, Various test reports / results have been properly kept in the prescribed formats to be handed over to the association of allottees.
8Any innovative/ cost effective/ green technology has been used for improving Quality/ Energy efficiency.

Yours Faithfully,

Signature of Engineer (Site Supervisor)
Name:
Qualification (Not less than graduate)
License No. (if any)-
Phone No:
Place:

Agreed and accepted by

Signature of Promoter
Name:
Date:

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