MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Circular No. 42/2022
No. MahaRERA/Secy/File No.27 /742/2022 Date: 13/12/2022
Sub: In the matter of real estate project registration, extension and correction.
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 of 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, 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, the Authority under Section 37 of the Act, and Regulation 38 of the Regulations is vested with the powers to issue directions to 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, in the matter of real estate project registration, extension and correction, documents as most specifically mentioned in various provisions of the Act, the Rules and the Regulations made thereunder as amended up-to-date are required to be submitted by promoters.
And whereas, on scrutiny of the documents as submitted it is noticed that the documents is/ are not submitted in compliance and in consonance or in the formats or timelines prescribed under the various orders and circulars issued by the Authority.
And whereas, the above necessitates issuance of scrutiny remarks and sending back to the promoters the application forms for undertaking necessary corrections.
And whereas, even after issuance of scrutiny remarks it is noticed that the applications are resubmitted without complying with the scrutiny remarks or after partly complying with the scrutiny remarks resulting in delay in the matter of real estate project registration, extension and correction.
In view of the above the following procedure shall be followed so as to enable expeditious process of applications received for real estate project registration, extension and correction.
(a) Self-Regulatory Organizations (SROs) registered with MahaRERA shall nominate 2 (two) persons who shall attend MahaRERA Office and the names of such nominated persons shall be given to Secretary/MahaRERA within 7 days. If there is any change in this regard, such change shall be intimated immediately.
(b) The persons so nominated by SRO’s shall be given the following information:
(i) SRO registration number of the promoter
(ii) The number of the application submitted by the promoter
(iii) The scrutiny remarks issued by MahaRERA
The above information shall be given only to the nominated persons of such of the SRO’s with whom the promoter is registered.
(c) The nominated persons shall then follow up with such of the promoters registered with the respective SRO’s and ensure that the scrutiny remarks are complied.
(d) MahaRERA concerned staff shall lend all necessary help, assistance and guidance to the nominated persons so as to enable the nominated persons to understand and get the scrutiny remarks resolved as per the requirement of MahaRERA.
(e) From the date of coming into force of this circular, liasoning agents shall not be permitted to attend MahaRERA office for updates/enquiries in the matter regarding real estate project registration, extension and correction.
(f) Only in exceptional and complex cases shall promoter be permitted personally or though a representative duly authorized to attend MahaRERA office for resolving issues, however, in that event also the concerned nominated persons shall be present along with the promoter.
(g) MahaRERA has been arranging Open House every Friday from 3.00 p.m. onwards in which issues of promoters regarding real estate project registration, extension and correction are heard by MahaRERA Open House Discussion Team on the issues being placed in a google form through the respective SRO’s. Promoters may attend the Open House if they are of the view that certain issues in their case requires further clarification from MahaRERA Open House Discussion Team. In this regard, however, the existing procedure shall be followed.
(h) If in the Open House Discussion, a promoter does not agree with the opinion given by MahaRERA Open House Discussion Team then such promoter shall intimate his concern to the MahaRERA Open House Discussion Team and such promoter thereafter can file an appeal before Secretary/MahaRERA and Legal Adviser/MahaRERA. Such appeals shall be heard every Wednesday at 3.00 p.m. Appeals should be mailed on the following email address and should be filed by 3.00 p.m. Monday to be taken up and heard on the following Wednesday.
email address: email@example.com
This shall come into force with effect from 01.01.2023.
As approved by the Authority
(Dr. Vasant Prabhu)