No RERA registration unless a property meets this eligibility in Maharashtra, clarifies MahaRERA

The Maharashtra Real Estate Regulatory Authority (RERA) has issued an order clarifying the conditions for real estate projects to be eligible for RERA registration in the state. This new circular clarifies exactly which projects are eligible to be registered with RERA and also provides
a clarification regarding the commencement certificate and the completion certificate within the meaning of Unified Development Control
and Promotion Regulations (UDCPR).

In an article covered by The Economic Times Wealth on this subject, Ms. Sana Khan, Associate Partner at SNG & Partners, while expressing her thoughts on the ruling said that, “The clarifications added to Section 3(2)(a) of the Real Estate (Regulation and Development) Act, 2016 by the MahaRERA Order No. 62/2024 dated October 22, 2024 will have serious impact on allottees in as much as the order attempts to expands the ambit of projects which can exempt themselves from the ambit of registration under RERA. Thus, RERA as the redressal forum for allottees/ consumers will be restricted in terms of timely possession, defect liability even after completion of the project, securing the monies paid by the allottees in escrow account as required by RERA, etc. The clarifications are seeming to overlap the two categories of exemptions created under Section 3(2)(a) to the extent of diluting each other.”

“As per the clarification to Section 3(2)(a) given in the MahaRERA Order No. 62/2024 dated 22nd October 2024; if suppose a builder is building 5 units of flat on 2500 square meter land, they do not need RERA registration. However, this does not seem the intent of the Central Act and it appears that the order has attempted to exceed its bound by trying to amend the Act without an actual amendment. Such clarification will have to be tested at the touchstone of the Constitutional Courts. It is pertinent to note that section 25 of the Act gives administrative powers to the Authority for general superintendence in conduct of the affairs of the Authority whereas Section 37 of the Act bestows power upon the Authority for discharging its functions under the Act, Rules and Regulations. These provisions cannot be used for interpretation of the Act ahead of what the Central Act states and implies,” says Sana.

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