MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Order 44/2023 | Date: 20/02/2023
No. MahaRERA/Secy/ File No. 27/238/2023
Sub: Prescribed fees payable by a proprietary concern while seeking registration or renewal of registration as real estate agents.
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, Section 9 (1) of the Act, mandates that no real estate agent shall facilitate 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 the part of the real estate project registered under Section 3 of the Act being sold by a promoter without obtaining registration.
And whereas, in compliance of Section 9 (2) of the Act, every real estate agent is required to make an application to the Authority for registration in such form, within such time and accompanied by such fees and documents as prescribed.
And whereas, Rule 11 (3) and Rule 13 (1) of the Rules prescribes the fees payable by a real estate agent for registration as well as for renewal of registration which is as under:
a) Rs. 10,000/- (Rupees Ten Thousand only) in case of applicant being an individual; and
b) Rs. 1,00,000/- (Rupees One Lakh only) in case of applicant being other than individual.
And whereas, the Authority has noticed that presently a proprietary concern is classified under the category “Other than Individual” and accordingly the fees that is collected is as prescribed for the said category.
And whereas, the Authority is of the opinion that a proprietary concern should be classified under the category “Individual” and not under the category “Other than Individual”.
In view of the above the following directions are issued:-
a) The fees payable by a real estate agent who is a proprietary concern or a proprietor of a proprietary concern shall be Rs. 10,000/- (Rupees Ten Thousand Only) i.e. the fees prescribed for the category “Individual”.
b) The directions at (a) above shall be applicable prospectively.
This Order shall come into force with effect from the date of this Order.
(As approved by Authority)
(Dr. Vasant Prabhu)
Secretary, MahaRERA
