Navigating the MahaRERA Portal for Safe Homebuying in Maharashtra
Discover essential guidelines and precautions for buying a flat in Maharashtra, as advised by real estate expert Shirish V Deshpande. Learn about the MahaRERA portal and key clauses in the allotment letter and agreement for sale.
Real EstateMahareraHomebuyingThaneReraReal Estate MaharashtraSep 09, 2025
Sale and purchase of housing units in Maharashtra are regulated by the Real Estate (Regulation & Development) Act, 2016 (RERA). Small projects of area not more than 500 sq mt, or not more than eight apartments, are exempted from RERA. For registration, the builder (referred to as promoter in RERA) is required to obtain the commencement certificate from the town planning authority.
The builder is also required to file a declaration with MahaRERA, supported by an affidavit, stating that (a) he has a legal title to the land, (b) timeframe to complete the project, (c) 70% of the amount to be received from the buyers (referred to as the allottees) to be kept in a separate bank account in a scheduled bank, etc. On registration of the project, the builder is required to upload on MahaRERA portal the letter of allotment and the draft agreement for sale. You can visit the website and see all the details of your project including the number of flats, floors, date of completion, and flats booked.
The allotment letter must provide details of the flat allotted, with total consideration payable, excluding GST, stamp duty, and registration. It must also show the type of car parking with area and type. The allotment letter must contain rules for cancellation. If the buyer cancels within 15 days from issuance of the letter, the builder is required to refund the full amount. If the booking is cancelled within 16-30 days from issuance of the letter, the builder can deduct up to 1% of the cost.
Cancellations within 31-60 days cost up to 1.5%. If the booking is cancelled after 61 days, the builder can deduct up to 2%. The builder cannot demand and accept more than 10% of the flat cost without entering into an agreement for sale. The pro forma is available on the MahaRERA website. Many provisions in this model agreement are mandatory and non-negotiable. For example, interest payable to the buyer, in case of delay, and that too at the prescribed rate, which is SBI’s highest marginal cost of lending rate plus 2%.
The defect liability period of five years, formation of co-operative housing society within three months soon after sale of 51% of the flats, conveyance within three months from the date of occupation certificate are mandatory and non-negotiable terms. MahaRERA has also mandated that any deviation shall be highlighted in a different colour in the pro forma.
(Advocate Shirish V Deshpande is chairman, Mumbai Grahak Panchayat. Queries can be sent to him on email: [email protected])
Frequently Asked Questions
What is RERA and how does it apply to homebuying in Maharashtra?
RERA, or the Real Estate (Regulation & Development) Act, 2016, regulates the sale and purchase of housing units in Maharashtra. It ensures transparency and accountability in real estate transactions. Small projects with less than 500 sq mt or eight apartments are exempted from RERA.
What documents should a builder provide to register a project with MahaRERA?
The builder must obtain a commencement certificate from the town planning authority and file a declaration with MahaRERA, supported by an affidavit, stating their legal title to the land, the project completion timeframe, and the requirement to keep 70% of the buyer's payments in a separate bank account.
What should be included in the allotment letter?
The allotment letter should detail the flat allotted, total consideration payable (excluding GST, stamp duty, and registration), type of car parking, and rules for cancellation. It should also specify the cancellation terms and the builder's refund obligations.
What are the mandatory clauses in the agreement for sale?
The agreement for sale must include provisions for interest payable to the buyer in case of delay, a defect liability period of five years, formation of a co-operative housing society within three months after selling 51% of the flats, and conveyance within three months from the date of the occupation certificate.
How can I check the details of my project on the MahaRERA portal?
You can visit the MahaRERA portal to view details of your project, including the number of flats, floors, date of completion, and flats booked. The portal provides comprehensive information to ensure transparency and informed decision-making.
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