Introduction – The Maharashtra Real Estate Regulatory Authority (MahaRERA) continues its efforts towards ensuring transparency and accountability in the real estate sector. The recent Order 46B/2023 marks another step in this direction, emphasizing the integration of QR Codes in real estate promotional materials. But what does this mean for real estate agents, promoters, and the common man?
MahaRERA & Its Commitment to Transparency – Established under the Real Estate (Regulation and Development) Act, 2016, MahaRERA has consistently worked towards safeguarding the interests of consumers and ensuring that the real estate sector functions transparently.
With the introduction of QR Codes for registered real estate projects, MahaRERA makes it even simpler for potential buyers and other stakeholders to access critical project information swiftly.
Key Points from Order 46B/2023
1. QR Code Introduction: QR Codes have been introduced for all registered real estate projects. These are designed to assist potential buyers in accessing project-related information instantly.
2. QR Code Display in Advertisements: As of 1st August 2023, all real estate promotions or advertisements must prominently display the respective project’s QR Code. This mandate isn’t just for promoters; real estate agents are equally bound by it.
3. Penalty for Non-compliance: Should promoters or agents fail to display the QR Code as specified, they risk a penalty. This penalty can range from Rs. 10,000 to Rs. 50,000, depending on the extent of the violation.
4. Additional Violations: If a promoter or agent doesn’t address the QR Code omission within ten days after being penalized, MahaRERA will consider this as an ongoing violation. Such negligence could trigger further action as per the Act’s provisions.
Implications for Stakeholders
- For Real Estate Agents: Agents must be vigilant in ensuring that every piece of promotional material for registered projects carries the correct QR Code. Given the penalties for non-compliance, agents must be meticulous in their advertising efforts.
- For Promoters: While promoters are already mandated to display QR Codes as per previous orders, they need to ensure that their partnered agents also adhere to the latest regulations.
- For Consumers: This move is advantageous. With a simple scan, consumers can quickly access detailed project information, ensuring an added layer of transparency.
Conclusion – MahaRERA’s Order 46B/2023 reflects the authority’s persistent endeavors to align Maharashtra’s real estate sector with the digital age. By integrating QR Codes, the regulatory body ensures seamless access to project information, instilling a higher degree of transparency and accountability in real estate transactions.
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MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Order No. 46B/2023
No. MahaRERA/Secy/File No. 27/1125/2023
Date: 21.08.2023
Subject: Display of QR Code by registered real estate agents in promotions / advertisement material relating to real estate projects registered with MahaRERA.
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 Authority has notified the Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017 (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 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, Section 10 (a) of the Act, mandates a registered real estate agent not to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by promoter in any planning area, which is not registered with the Authority.
And whereas, Rule 14 of the Rules, mandates every registered real estate agent to quote the registration number in all the documents relating to advertisement, marketing, selling or purchase issued by the real estate agent along with the number of registration certificate of the real estate project.
And whereas, MahaRERA has introduced Quick Response Code (QR Code) for each registered real estate project to assist home buyers / allottees to get real estate project information.
And whereas, by MahaRERA Order No. 46/2023 dated 29.05.2023 all concerned were informed about the introduction of QR Code for each and every registered real estate project and by the said MahaRERA Order directions were issued mandating promoters on and after 01.08.2023 to prominently display the QR Code on each and every registered real estate project promotions / advertisements in the manner, at the place and the mediums as more specifically enumerated in the said Order.
And whereas, MahaRERA, by Order No. 46A/2023 dated 25.07.2023 has prescribed the penalty that would be imposed upon promoters for non-display of the QR Code on real estate project promotions / advertisements.
And whereas, MahaRERA, having introduced QR Code for each and every registered real estate project, the directions issued by the Authority in MahaRERA Order Nos. 46/2023 and 46A/ 2023 dated 29.05.2023 and 25.07.2023 respectively shall mutatis mutandis apply to all registered real estate agents and in view thereof with effect from the date of coming into force of this Order, the following directions shall be followed by every registered real estate agents.
a) Real estate agents shall prominently display QR Code on each and every real estate project promotion / advertisement published in the mediums as more specifically listed in MahaRERA Order No. 46/ 2023 dated 29.05.2023.
b) The QR Code published shall be legible, readable, and detectable with software application and shall be published besides MahaRERA project registration number.
c) Failure to comply with (a) and (b) above shall be construed as violation of the directions issued by the Authority and penalty which may extend upto Rs. 50,000/- subject however to a minimum penalty which shall not be less than Rs. 10,000/- under Section 65 of the Act shall be imposed upon real estate agents for each such violations.
d) Upon imposition of the penalty if the real estate agent fails / neglects to rectify and remedy the violation / contravention within 10 days shall be construed as a continuous violation of the directions issued by the Authority and appropriate action as deemed fit shall be taken against such real estate agents under the relevant provisions of the Act.
This Order shall come into force with immediate effect.
(As approved by the Authority)
(Dr. Vasant Prabhu)
Secretary / MahaRERA
