Maharashtra Proposes Separate RERA-like Law for Redevelopment Projects: Experts Weigh In
The Maharashtra Housing Policy 2025 proposes a separate RERA-like law for redevelopment projects, aiming to protect flat owners. However, experts suggest amending the existing RERA Act instead of introducing a new law.
ReraRedevelopmentMaharashtraMahareraHousing PolicyReal Estate MaharashtraAug 26, 2025
Real estate experts argue that instead of introducing a separate RERA-like law for redevelopment, the Maharashtra government should work with the Centre to amend and expand the regulatory authority's scope of Maharashtra Real Estate Regulatory Authority (MahaRERA) to include redevelopment, rather than confusing buyers with multiple laws.
The Maharashtra Housing Policy 2025 has proposed a separate RERA-like law for redevelopment projects. The policy notes that since redevelopment is not covered under the Real Estate Regulatory Authority Act, 2016, complaints related to such projects are not addressed by MahaRERA. The approved housing policy states, 'The RERA Act does not apply to redeveloped properties. A separate law is necessary to regulate such redevelopment projects and properties.'
The policy highlights that several redevelopment projects have stalled in the past, leaving homeowners in distress as developers stopped paying them rent. 'Due to several reasons, redevelopment projects either do not commence or get delayed, which results in financial, social, and mental distress for the flat owners. Most flat owners are forced to stay in transit camps or take monthly rent from the developer to arrange for accommodation. Many times, the developer stops providing residential rent. Redevelopment projects get delayed for various reasons,' the policy notes, emphasizing the need for a separate law.
Experts have welcomed the move but suggested amending the RERA Act instead of introducing a separate law. Multiple laws, they argue, will only confuse homebuyers and increase compliance for developers, who already register the sale component of redevelopment projects with RERA. Will they now be expected to register the rehab component under a different law as well, ask real estate experts.
A former member of the MahaRERA said, 'Rather than having a separate law, the Maharashtra government should work towards working with the Central government for an amendment in the RERA Act for regulating redevelopment projects. We already have the Maharashtra Ownership Flats Act (MOFA), the Co-operative Housing Societies Act, and having multiple laws will only confuse the common man.'
'It also increases compliance for developers, considering that they register the sale component of redevelopment projects with RERA authorities. So, later, we expect them to register the rehab component under a separate law? The government should indeed consider increasing the regulatory ambit of the RERA Act to ensure it is amended in a timely manner,' the member said.
Developers in Maharashtra also opine that the state government must work towards covering redevelopment projects under the RERA Act. 'The purpose and intent of RERA was to give justice and ensure that nothing wrong happens with the homebuyers. It has not covered redevelopment. However, if the Maharashtra government wants to handle the grievances of homeowners from redevelopment projects, it should redefine the scope of the RERA Act and widen its scope,' Keval Valambhia, chief operating officer, Maharashtra Chambers of Housing Industry (MCHI), a real estate developers' apex body in Maharashtra, stated.
'The Maharashtra government can work with the Central government to make necessary amendments rather than coming up with a new law entirely,' Valambhia added.
According to legal experts, the Bombay High Court is currently deliberating on whether redevelopment projects fall under the purview of the RERA Act. 'Although the Maharashtra State Housing Policy 2025 states that RERA does not presently apply to redevelopment projects and suggests the need for a separate law, the issue is presently pending with the Bombay High Court in Kishor Shamji Thakkar and others versus Sumer Builders Pvt Ltd to decide whether RERA provisions extend to redevelopment projects,' explained Trupti Daphtary, an advocate and solicitor based in Mumbai.
'The answers to these questions would bring much-needed clarity on whether redevelopment falls within RERA’s regulatory framework, and it would help to determine whether the Maharashtra government must legislate afresh for redevelopment, or whether the existing RERA framework would cover it,' Daphtary added.
Frequently Asked Questions
What is the purpose of the Maharashtra Housing Policy 2025?
The Maharashtra Housing Policy 2025 aims to improve the housing sector in the state by proposing various regulations, including a separate RERA-like law for redevelopment projects to protect flat owners.
Why is a separate RERA-like law proposed for redevelopment projects?
The policy proposes a separate law because redevelopment projects are not covered under the existing RERA Act, leading to issues such as delays and financial distress for flat owners.
What do experts suggest instead of a separate law?
Experts suggest amending the existing RERA Act to include redevelopment projects, rather than introducing a new law, to avoid confusion and increase compliance for developers.
What are the challenges faced by flat owners in redevelopment projects?
Flat owners often face financial, social, and mental distress due to delays or failures in redevelopment projects, including being forced to live in transit camps or depending on monthly rent from developers.
What is the current legal status of RERA's applicability to redevelopment projects?
The Bombay High Court is currently deliberating on whether redevelopment projects fall under the purview of the RERA Act, which will provide clarity on the need for a separate law or an amendment to the existing RERA framework.
Related News Articles
Sunteck Realty Reports Net Profit of Rs 101.33 Crore in Q4 FY24
Sunteck Realty's net consolidated total income stood at Rs 434.99 crore in Q4 FY24
Due Process Must be Followed by Trademark Registrars in Examining Cases
The Mumbai High Court has ordered the Trademark Registry to re-examine a case involving the transfer of ownership of two trademarks, highlighting the importance of following due process in such cases.
Prestige Estates to Launch 43 New Real Estate Projects Across 7 Cities
The company has a total land bank of 260 acres across Bengaluru, Mangaluru, Mysuru, and Pune.
Pune Real Estate Firm Falls Victim to Rs 24 Lakh Cyber Fraud
An employee from the accounts department of a Pune-based real estate firm was tricked into transferring Rs 24 lakh to fraudulent accounts after receiving a message from someone posing as the company director’s father. The incident highlights the increasin
How REITs and Fractional Ownership are Reshaping the Real Estate Market
With minimum investment thresholds ranging from Rs 10-25 lakh, retail investors now have the opportunity to participate in the real estate market with limited capital.
Bombay High Court Allows Adani Electricity to Cut 209 Mangroves for Infrastructure Project
The Bombay High Court has issued a ruling permitting Adani Electricity Mumbai Infra Ltd. (AEMIL) to cut down 209 mangroves near Vasai Creek for a critical infrastructure project.