Introduction: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has recently issued Order No. 50/2024, addressing crucial aspects related to real estate project registrations. This article delves into the order, focusing on the prohibition of double registration and the new submission requirements for promoters.
Detailed Analysis:
1. Legal Background: MahaRERA, established under the Real Estate (Regulation and Development) Act, 2016, has been actively regulating the real estate sector in Maharashtra. The recent order aims to streamline the registration process and prevent conflicting applications.
2. Order Highlights: The order addresses two significant issues:
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- Prohibition of double or multiple registrations of real estate projects on the same project land or part thereof.
- Requirement for promoters to submit a Declaration-cum-Undertaking along with the application for registration.
3. Regulatory Context: The article outlines the legal framework, including the Act, Rules, and Regulations, empowering MahaRERA to issue such directions. It emphasizes MahaRERA’s role in overseeing promoters, real estate agents, and allottees.
4. Prohibition of Double Registration: MahaRERA observes that promoters often apply for registration on a project land, even when there are pending applications or existing registered projects on the same land. This conduct is deemed contradictory to the Act’s objectives.
5. Submission Requirements for Promoters: The order mandates promoters to submit a Declaration-cum-Undertaking along with the registration application. The format, as provided in Annexure A, specifies the details and declarations required from promoters regarding the project land.
6. Applicability of Clauses: The article explains the clauses of the Declaration-cum-Undertaking, distinguishing between standalone buildings and layout developments. It provides clarity on the specific declarations expected from promoters based on the nature of the real estate project.
7. Consequences of False Statements: MahaRERA warns of consequences if wrong, false, or misleading statements are made in the submitted Declaration-cum-Undertaking. Promoters face potential actions if discrepancies are identified.
Conclusion: MahaRERA’s Order No. 50/2024 marks a significant step towards ensuring transparency and orderliness in the real estate sector. The prohibition of double registration and the introduction of a Declaration-cum-Undertaking add layers of accountability for promoters. This article sheds light on the intricacies of the order, guiding stakeholders through the implications and compliance requirements. It emphasizes the need for promoters to align with the regulatory framework to foster a fair and regulated real estate environment.
MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Order No. 50 /2024
No. MahaRERA/Secy /File no. 27 /21/2024
Date: 10/01/2024
Subject: 1.Double / multiple registration of real estate project on the same project land or part thereof not to be permitted / allowed.
2. Submission by promoters of a Declaration-cum-Undertaking along with the application for registration of their real estate project.
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 the promoters, real estate agents and allottees 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, Section 4 (2) (m) of the Act empowers the Authority to call upon promoters to submit such other information and documents along with the application for registration of their real estate project.
And whereas, it is noticed by the Authority, that promoters apply for registration of their real estate project to be executed on a particular project land even when there is a subsisting pending application submitted for registration of a real estate project by whatever name called to be executed on the very same project land / part thereof or when there already exists a real estate project by whatever name called registered with MahaRERA being executed on the very same project land / part thereof.
And whereas, the aforesaid conduct of promoters is in conflict with the objectives of the Act as well as in violation / contravention of the provisions of the Act.
In view of the above the following directions are issued: –
1) While applying for registration of a real estate project, promoters shall upload a Declaration-cum-Undertaking on the Letterhead of the promoter in the format Annexure A annexed hereto;
a) In case of standalone building / buildings for which MahaRERA registration is sought under single project registration number, declaring and undertaking as follows;
that on the date of submission of the application for registration of their real estate project to be undertaken on land bearing CS No(s) __________________________ / CTS No(s) _______________ / Final Plot No(s) /Survey No(s)_______________ , Hissa No(s)___________ / Gat No(s)_____________________ / Khasra No(s)_________/Plot No(s) _______ lying and being at_____________ , Village ______ Taluka________ , District___________ admeasuring________ sq. mtrs hereinafter referred to as the “project land” there is/are no subsisting pending application submitted for registration of real estate project(s) by whatever name called to be undertaken on the very same project land / part thereof or there is / are no real estate project(s) by whatever name called, registered with MahaRERA being executed on the project land/ part thereof
OR
a) In case of layout development where MahaRERA registration is sought for respective building(s) under different project registration numbers declaring and undertaking as follows;
that on the date of submission of their application for registration of their real estate project to be undertaken on land bearing CS No(s)____________ / CTS No(s)___________ / Final Plot No(s) ____________ / Survey No(s) ______________ , Hissa No(s) ______________ / Gat No(s) ___________ / Khasra No(s)___________ /Plot No(s)_____________ lying and being at _________ , Village _____________ , Taluka _____________ , District _______________ admeasuring ___________ sq. mtrs hereinafter referred to as the “project land” there is are no subsisting pending application submitted for registration of real estate project(s) by whatever name called to be undertaken on the very same project land / part thereof or there is / are no real estate project(s) by whatever name called, registered with MahaRERA being executed on the project land/ part thereof and that the plans as approved by the Competent Authority in respect of the real estate project for which the application is submitted for registration does not amend / modify / delete /alter, the common / special amenities such as recreation / playground, parking, internal road(s), club house, gymnasium swimming pool, play area (list not exhaustive) as the case may be provided to the real estate projects in the layout already registered / to be registered with MahaRERA as well as the public amenities such as amenity plot, built up amenity, other public reservation (list not exhaustive) as the case may be as approved by the Competent Authority / Government of Maharashtra.
2) In the event it comes to the notice of the Authority that wrong / false / misleading statements are made in the Declaration-Cum-Undertaking submitted by promoters, action as deemed fit and proper shall be taken by the Authority against such promoters.
This order shall come into force with immediate effect.
(As approved by the Authority)
(DR. Vasant Prabhu)
Secretary, MahaRERA
Specimen format of Declaration-Cum-Undertaking to be executed on Letterhead of Promoter
ANNEXURE ‘A’
Declaration-Cum-Undertaking
I name of deponent adult, Indian inhabitant, the Proprietor / Partner / Designated Partner / Director / Karta / Chairman / President / Secretary / Treasurer / Trustee of the Proprietary Concern / Partnership Firm / LLP /Company / HUF / Society / Trust / Association of Persons / Body of Individuals having my office at address do hereby on solemn affirmation state, declare and undertake as under:
1) I say and declare that I, as promoter have applied for registration of my real estate project, project name with MahaRERA vide application dated date of application
OR
1) I say and declare that I, being the proprietor of the proprietary concern name of the proprietary concern , have applied on behalf of promoter, ie the said proprietary concern, name of the proprietary concern for registration of the real estate project, project name with MahaRERA vide application dated application
OR
1) I say and declare that I being the designation and authorized signatory of name of the legal entity , have applied on behalf of promoter, ie the said legal entity, name of the legal entity for registration of the real estate project, project name with MahaRERA vide application dated date of application
2) I say and declare that the application for registration of the real estate project named project name is to be undertaken on land bearing CS No(s)_________ / CTS No(s) ___________ / Final Plot No(s) ________________ / Survey No(s) __________ , Hissa No(s)____________ / Gat No(s)___________ / Khasra No(s) ___________ / Plot No(s) ___________ lying and being at____________ , Village __________ , Taluka___________ , District____________ admeasuring________ sq. mtrs hereinafter referred to as the “project land”.
Note: The clause below shall be applicable for real estate projects which are standalone building/ buildings for which MahaRERA registration is sought under single project registration number.
3) I say, declare and undertake that as on the date of submission of my / our application dated date of application , for registration of the real estate project, project name , there is / are no subsisting pending application submitted to MahaRERA for registration of real estate project(s) by whatever name called to be undertaken on the project land / part thereof or there is / are no real estate project(s) by whatever name called, registered with MahaRERA being executed on the project land / part thereof.
OR
Note: The clause below shall be applicable for real estate projects in layout development where MahaRERA registration is sought for respective building(s) under different project registration numbers.
3) I say, declare and undertake that as on the date of submission of my / our application dated date of application , for registration of the real estate project, project name , there is / are no subsisting pending application submitted to MahaRERA for registration of real estate project(s) by whatever name called to be undertaken on the project land / part thereof or there is / are no real estate project(s) by whatever name called, registered with MahaRERA being executed on the project land / part thereof and that the plans as approved by the Competent Authority in respect of the real estate project, project name for which the application is submitted for registration does not amend / modify / delete / alter, the common / special amenities such as recreation / playground, parking, internal road(s), club house, gymnasium, swimming pool, play area (list not exhaustive) as the case may be, provided to the real estate projects in the layout already registered / to be registered with MahaRERA as well as the public amenities such as amenity plot, built up amenity, other public reservations (list not exhaustive) as the case may be, as approved by the Competent Authority / Government of Maharashtra.
4) I solemnly state, declare and undertake that the contents of this Declaration-cum-Undertaking are true, correct and binding upon me, the promoter of the real estate project, project name
OR
4) I solemnly state, declare and undertake that the contents of this Declaration-cum-Undertaking are true, correct and binding upon me, as well as the promoter name of legal entity of the real estate project, project name
Date
Rubber Stamp / Seal
Signature of promoter / authorized signatory
