MahaRERA requires real estate developers to specify the delivery date for amenities and provide an occupation certificate.

MahaRERA has announced that real estate developers must clearly state the proposed dates for delivering project amenities and the occupation certificate (OC). The Maharashtra Real Estate Regulatory Authority (MahaRERA) now requires developers to include these dates in Annexure-I of the Agreement for Sale, specifying when homebuyers can expect the amenities and the OC. This rule is non-negotiable and must be adhered to by developers.

Additionally, developers are required to detail the expected OC date, the size of the amenities, whether the project is newly constructed or acquired, and compliance with local planning regulations. This measure aims to address issues where amenities promised during the booking phase are often incomplete upon move-in.

The amenities that must have specified delivery timelines include swimming pools, tennis and badminton courts, theaters, clubhouses, gyms, and more. MahaRERA’s new regulation ensures that developers are legally bound to meet their commitments regarding these facilities.

The directive follows a draft order published by MahaRERA in April 2024, which sought public feedback before finalizing the new requirements. Ajoy Mehta, Chairman of MahaRERA, noted that developers frequently promote amenities without specifying when they will be available, leading to dissatisfaction among homebuyers. The updated rules mandate that delivery timelines for all promised amenities be included in Schedule II of the Agreement for Sale.

For large township projects, which are often completed in phases, MahaRERA now requires developers to provide phase-wise and date-specific information on amenity availability. Developers must also offer detailed information about the amenities in Schedule-II of the Agreement for Sale.

Any significant changes to the specified amenities or public areas must be approved by MahaRERA. Without such approval, any alterations will be deemed invalid. Developers must also secure consent from two-thirds of the residents if the changes involve the location or number of families and amenities.

Posted and reproduced in Public Interest by

Adv. Sulaiman Bhimani Legal Consultant

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