Introduction – Maharashtra’s real estate landscape witnesses another significant development as the Maharashtra Real Estate Regulatory Authority (MahaRERA) announces pivotal changes in its convenience fees structure. For stakeholders keen to understand the implications of Order No. 48/2023, this comprehensive analysis provides insights into the what, why, and how of the revisions.
Historical Context: MahaRERA’s Evolution and Digitization – Established under the Real Estate (Regulation and Development) Act, 2016, MahaRERA came into effect on 1st May 2017. Its prime objective: infusing transparency, efficiency, and accountability in Maharashtra’s real estate sector.
A significant step towards achieving this was the introduction of a web-based online system for tasks like project registrations and agent registrations, among others. This digital move was facilitated through MahaOnline, a collaboration between the Government of Maharashtra and Tata Consultancy Services.
Why the Revision?
The baton of managing the online operations has now been passed from MahaOnline to Maharashtra Information Technology Corporation Limited (MahalT). In light of this shift and the forthcoming overhaul of MahaRERA’s IT System, MahalT proposed a marginal uptick in the convenience fees. The rationale: maintaining, updating, and improving the digital infrastructure to serve stakeholders better.
Revised Fee Structure
From 20th August 2023, the convenience fees for users are set to change as detailed below:
- New Project Application Form per project: ₹1050 per transaction, up from ₹750.
- Project Extension Request Form: ₹700 per transaction, up from ₹500.
- Withdrawal Form per request: ₹700 per transaction, from the previous ₹500.
- Project status update fees per project annually: ₹700 annually, a hike from ₹500.
- GIS integration with MahaRERA online application system: ₹700 per transaction, up from ₹500.
- New Agent registration Form: ₹700 per registration, a rise from ₹500.
- Agent renewal request Form per request: ₹700 per transaction, previously ₹500.
- Complaint registration Form per complaint: ₹70 per transaction, a small hike from the earlier ₹50.
All the above charges are exclusive of taxes and bank charges.
Effective Date – The revised fee structure will come into effect from 20th August 2023.
Implications for Stakeholders – For real estate promoters, agents, and even customers, these revisions are crucial. Not only does it reflect the evolving operational costs and infrastructural requirements, but it also underlines MahaRERA’s commitment to ensure that the digital tools and platforms they offer are state-of-the-art.
Conclusion – MahaRERA’s revised convenience fees is a testament to the dynamic nature of the real estate industry. For stakeholders, staying abreast with these changes is essential for compliance, informed decision-making, and efficient operations. With Maharashtra’s real estate set to undergo digital transformations, embracing and adapting to these shifts will be pivotal.
****
MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Order No. 48/2023
No. MahaRERA/Secy/File no. 27/1121/2023
Date: 18/08/2023
Subject: In the matter of increase in the levy of convenience fees payable by user including the levy of taxes and bank charges payable thereon.
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, 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 3(3) of the Act mandates the Authority, to operationalise a web based online system for submitting application for registration of real estate projects.
And whereas some of the functions of the Authority under Section 34 of the Act is to publish and maintain a website of records as well as to maintain a database, on the website of the Authority.
And whereas, Regulation 48 of the Regulations empowers the Authority by an Order to fix standard fees, annual fees, to he levied on promoters or real estate agents or allottees for inspection of documents, certified copies of documents, updating of website, database management and maintenance of website.
And whereas, MahaOnline a Joint Venture of the Government of Maharashtra and Tata Consultancy Services had been appointed to operationalise the web based online system as well as to maintain the website and the database on the website of the Authority.
And whereas, MahaRERA vide Order No. 15/2017 dated 17.04.2017, had authorized MahaOnline to levy the convenience fees over and above the fees as prescribed by MahaRERA for the services as more specifically listed in Column II of the Table hereunder drawn for the users and at the rate as more specifically mentioned in Column III and IV respectively of the said Table.
And where, the said convenience fees to be charged by MahaOnline was exclusive of the taxes and the bank charges leviable on the said convenience fees.
And whereas, by MahaRERA Circular No. 10/2017 dated 04.08.2017 the convenience fees chargeable by MahaOnline for the Union Territories of Dadra and Nagar Haveli & Daman and Diu was fixed.
And whereas, the projects being undertaken by MahaOnline has been taken over by Maharashtra Information Technology Corporation Limited (MahalT) a company wholly owned by the Government of Maharashtra.
And whereas, MahalT has requested MahaRERA to marginally increase the convenience fees pending total overhaul / revamp of the existing MahaRERA IT System.
And whereas, considering the above with effect from 20.08.2023, the convenience fees payable by users as more specifically listed in Column III of the Table hereunder drawn for the services as listed in Column II shall be as per the charges listed in Column V in place of the charges listed in Column IV at the frequency as listed in Column VI of the said Table.
| Sr. No. (I) | Service (II) | Applicable Users (III) |
Existing Charges (N) | Revised Charges Exclusive of Taxes and Bank charges (V) |
Payment Frequency (VI) |
| 1. | New Project Application Form per project | Real Estate Promoter |
750 | 1050 | Per Transaction |
| 2. | Project Extension Request Form | Real Estate Promoter |
500 | 700 | Per Transaction |
| 3. | Withdrawal Form per request | Real Estate Promoter |
500 | 700 | Per Transaction |
| 4. | Project status update fees per project annually | Real Estate Promoter |
500 | 700 | Annually |
| 5. | GIS integration with MahaRERA online application system | Real Estate Promoter |
500 | 700 | Per Transaction |
| 6. | New Agent registration Form | Real Estate Agent |
500 | 700 | Per Registration |
| 7. | Agent renewal request Form per request | Real Estate Agent |
500 | 700 | Per Transaction |
| 8. | Complaint registration Form per complaint | Real Estate Promoter/ Real Estate Agent / Citizen |
50 | 70 | Per Transaction |
This Order shall come into force with effect from 20.08.2023.
(As approved by the Authority.)
(Dr. Vasant prabhu)
Secretary, MahaRERA
