All Questions you have in mind about RERA
Q1. What are the objects and reasons for which the Real
Estate (Regulation and Development) Act 2016 has been framed?
Ans: The Real Estate
Act is intended to achieve the following objectives:
- Ensure
accountability towards allottees and protect their interest
- Infuse
transparency, ensure fair-play and reduce frauds & delays
- Introduce
professionalism and pan India standardization
- Establish
symmetry of information between the promoter and allottee
- Imposing
certain responsibilities on both promoter and allottees
- Establish
regulatory oversight mechanism to enforce contracts
- Establish
fast- track dispute resolution mechanism
- Promote
good governance in the sector which in turn would create investor
confidence
Q2. Which areas of Maharashtra are included in the Planning
Area as defined in the Act?
Ans: In accordance with notifications issued by Urban Development
Department of Government of Maharashtra, MR & TP Act is applicable to all
the districts of Maharashtra. Hence, all areas of Maharashtra are included in
Planning Area as defined in Section 2(zh) of the Act.
Q3. Does the definition of ‘promoter’ include public bodies
such as Development Authorities and Housing Boards?
Ans: The Act covers all bodies (private and public) which develop
real estate projects for sale to the general public. Section 2(zk) defines the
term ‘promoter’ which includes both private and public real estate promoters.
Thus, both Development Authorities and the Housing Boards, when involved in
sale are covered under the Act.
Q4. If a real estate project has land area more than 500
sqmts but containing less than 8 apartments. Does it still need to be
registered?
Ans: Yes. Every real estate project which has land area more than
500 sqmts or has more than 8 apartments needs to be registered
Q5. Does advertisement include solicitation by emails and
sms? Is issuance of prospectus considered to be a case of ‘advertisement’?
Ans: As per section 2(b), which defines ‘advertisement’, any
medium adopted in soliciting for sale would be covered under the said
definition, including sms and emails. Prospectus, which is intended for sale of
apartment in real estate project, will also be covered.
Q6. Does advertisement include solicitation by emails and
sms? Is issuance of prospectus considered to be a case of ‘advertisement’?
Ans: As per section 2(b), which defines ‘advertisement’, any
medium adopted in soliciting for sale would be covered under the said
definition, including sms and emails. Prospectus, which is intended for sale of
apartment in real estate project, will also be covered.
Q7. Can advertisement be issued for a new project after 1st
May, 2017 without registering the said project?
Ans: No. The advertisement issued after1st May 2017 must carry
the MahaRERA Registration Number of the project.
Q8. Does the term ‘allottee’ include secondary sales?
Ans: As per section 2(d) an allottee includes a person who
acquires the said ‘apartment / plot’ through transfer or sale, but does not
include a person to whom such plot, apartment is given on rent. The Act doesn’t
include rental projects, lease / leave and License deals.
Q9. Is it permissible to sell parking to allottees?
Ans: The position of
parking is as follows;
- Open
Parking Area: This has been clearly included in the definition of
"Common Areas" which need to be conveyed to the Association of
Allottees after Occupancy Certificate is received. Hence, sale or
allotment of Open Parking Areas by the Promoter is not permissible
- Covered
Parking as defined in 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
is permitted to be sold.
- Garage
as defined in the Act is permitted to be sold
Q10) What is the obligation of the promoter towards return
of amount and compensation to the allottee?
Ans: Section 18 of the Act provides for provisions as
regards various situations in which the allottee would be compensated by the
promoter due to delay in completion of the project etc.
Q11) Can a complainant approach both the Regulatory
Authority / adjudicating officer and the consumer forums for the same disputes?
Ans: An aggrieved
person can only approach one of the two forums for redressal of his grievance.
Q12) Is there some fee, in addition
to the fees prescribed in the Rules, to be charged from promoters, real estate
agents and complainants for the MahaRERA website uploading and online services?
II. FAQs from Consumer’s Perspective
Q13) Is it mandatory for the
promoter to obtain permissions for the real estate project before applying for
registration to MahaRERA?
Ans: Yes, the
layout of the real estate project has to be approved. However, the promoter may
include some buildings in his application of registration where apartments are
proposed and the Building approvals are pending. Building Approval for the
apartment must be obtained before the agreement for sale is signed between the
promoter and buyer, regarding the said apartment.
Q14) What is the penalty prescribed
for non-registration of a project under the Act?
Ans: If any
promoter fails to register as per Act, he shall be liable to a penalty which
may extend up to ten per cent of the estimated cost of the real estate project.
On continued violation, he shall be punishable with imprisonment for a term
which may extend up to three years or with fine which may extend up to a
further ten per cent of the estimated cost of the real estate project, or with
both.
Q15) How will a flat buyer know, if
the real estate project is duly registered under MahaRERA?
Ans: The MahaRERA website would display all the registered
projects.
It is mandatory that the advertisement for marketing of
apartments in the real estate project must carry the MahaRERA registration
number.
Q16) Whether registration of real
estate agents would be project specific, location specific or individual
specific?
Ans: Real
estate agents have to get registered with MahaRERA either as an individual or
as "other than individual". Promoters while applying for registration
of any real estate project will have to indicate the names of registered real
estate agents who will be working as agents in the said project. Names of such
agents will be displayed along with other project specifications on the
MahaRERA website, upon registration of the project.
Q17) What are the penalties that a
Real Estate Agent would face if he fails to adhere to the mandates prescribed
by MahaRERA?
Ans: If any
real estate agent fails to register and contravenes the provisions of section 9
or section 10 of the Act, he shall be liable to a penalty of ten thousand
rupees for every day during which such default continues, which may
cumulatively extend up to five per cent of the cost of plot, apartment or
buildings, as the case may be, of the real estate project, for which the sale
or purchase has been facilitated as determined by MahaRERA.
Q18) Is the promoter required to
give any undertaking to MahaRERA for completing his project within a specified
period?
Ans: Yes, in
accordance with the provisions of the Act, the promoter, while applying for
registration to MahaRERA, has to give a declaration, supported by an affidavit,
indicating the time period within which he undertakes to complete the project
or phase thereof, as the case may be.
Q19) If the registration of a real
estate project is revoked for any reason, how will the interest of the buyer,
in such project, be protected by MahaRERA?
Ans: MahaRERA
will take action in accordance with section 8 of the Act.
Q20) In case of delay in getting
possession from the promoter, will the buyer be entitled to get interest on the
amount paid by him, for such delayed period?
Ans: Yes. In
accordance with the model form of agreement, if the Promoter fails to abide by
the time schedule for completing the project and handing over the
[Apartment/Plot] to the Allottee, the Promoter agrees to pay to the Allottee,
who does not intend to withdraw from the project, interest as specified in the
Rule, on all the amounts paid by the Allottee, for every month of delay, till
the handing over of the possession.
Q21) Will such interest payment by
the promoter to the buyer be automatic or the buyer will have to approach
MahaRERA?
Ans: The
interest payment is in accordance with the model form of agreement and hence
should be automatically paid. The buyer may have to file a complaint to
MahaRERA if there is a grievance.
Q22.) Is there a ceiling on the
interest to be levied by the promoter in case of default in payment of any
instalments by the allottee/buyer?
Ans: In
accordance with the model form of agreement, the Allottee has to pay to the
Promoter, a rate of interest equal to the State Bank of India highest Marginal
Cost of Lending Rate plus two percent, on all the amounts which become due and
payable by the Allottee to the Promoter under the terms of the Agreement from the
date the said amount is payable by the allottee(s) to the Promoter.
Q23) What are the provisions for an
aggrieved person to lodge a complaint?
Ans: Section 31 of the Act and Rule 6 of Maharashtra Real
Estate (Regulation and Development) (Recovery of Interest, Penalty,
Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017
provide for filing of complaint with MahaRERA, by an aggrieved person who has
any interest in the registered project. The aggrieved person can file an
application online as per format provided by MahaRERA. It shall include the
following details:
- Registration number of the
project to which the complaint pertains
- Particulars of the complainant
and respondent
- Facts of the case
- Relief Sought
- List of Enclosures and so on
Q24) Can a promoter or a real estate
agent also file complaint against a buyer?
Ans: Yes. An
aggrieved person having any interest in the registered real estate project can
file complaint.
Q25) Is there any provision for
interim relief to be granted, pending the final adjudication of the complaint?
Ans: The
procedure to be followed by MahaRERA while adjudicating a complaint is detailed
in section 36 of the Act read with Rule 6(2) of Maharashtra Real Estate
(Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine
payable, Forms of Complaints and Appeal, etc.) Rules, 2017.
Q26) Where will the aggrieved home
buyer be required to file his complaint?
Ans: The
aggrieved person can file an application online as per format provided by
MahaRERA website.
Q27) On what grounds can the home
buyer file a complaint?
Ans: An
aggrieved person may file a complaint with MahaRERA for any violation or
contravention of the provisions of the Act or the Rules or Regulations made
there under.
Q28) Who would decide the
complaints?
Ans: As per
Regulation 24 of Maharashtra Real Estate Regulatory Authority (General)
Regulations 2017, for adjudication proceedings with respect to complaints
filed, MahaRERA may, by order, direct that specific matters or issues be heard
and decided by a single bench of either the Chairperson or any Member of the
Authority.
Q29) Is there any pecuniary
jurisdiction for complaint handling Authorities?
Ans: No.
However, geographical jurisdiction may be specified for Chairperson or members
of MahaRERA.
Q30) Is there any time limit
prescribed for disposal of complaints?
Ans: Section
29 of the Act provides that complaints should be disposed off as expeditiously
as possible but not later than sixty days from the date of filing the same.
However, where it cannot be disposed of during the said period, the Real Estate
Regulatory Authority is required to record its reasons for the same.
Q31) If the buyer wants to file a
complaint in Consumer Court, is there any bar under the Act?
Ans: No. As
per section 79 of the Act, civil courts are barred from entertaining disputes
(suits or proceedings) in respect of matters which Real Estate Regulatory
Authority or the adjudicating officer or the Appellate Tribunal is empowered
under the Act to determine. However, the consumer forums (National, State or
District) have not been barred from the ambit of the Act. Section 71 proviso
permits the complainant to withdraw his complaint as regards matters under
section 12, 14, 18 and section 19, from the consumer forum and file it with the
adjudicating officer appointed under the Act.
Q32) Is there appeal provided
against the orders given by MahaRERA? Is there a time limit? What are the fees?
Ans: Any person
aggrieved by any direction or decision or order made by MahaRERA or by an
adjudicating officer may file an appeal before the Appellate Tribunal within a
period of sixty days, in accordance with Rule 9 of Maharashtra Real Estate
(Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine
payable, Forms of Complaints and Appeal, etc.) Rules, 2017.
Q33) Is there any time limit
prescribed for the promoter for formation of society or any other legal entity
of home buyers?
Ans: Promoter
has to enable formation of Legal Entity like Cooperative Society, Company,
Association, Federation etc. within three months from the date on which fifty
one per cent of the total number of Purchasers, in such a building or a wing,
have booked their apartment.
Q34) Is there a time limit
prescribed for the promoter to execute conveyance in favour of the association
of buyers?
Ans: Promoter
shall execute a registered conveyance deed in favour of the allottee within
three months from date of issue of occupancy certificate or fifty one per cent
of the total number of Purchasers, in such a building or a wing, has paid the
full consideration to the promoter, whichever is earlier.
Q35) How does the Act Impact Joint
Promoters or joint Venture Agreements or cases of joint development with land
owner on revenue share basis or area share basis, where landlord and promoter
are two different parties but both are beneficiaries of sale of project?
Ans: The Act
makes both the Promoters and the landlord or any such parties which are
beneficiary of a sale of a project and receive payments from allottees as
Co-Promoters and hence liable to adhere to the provisions of the Act and Rules
and Regulations made there under.
Q36) How does the promoter make an
application for registration?
Ans: MahaRERA
shall launch online application for registration from 1st May 2017. All
promoters shall make their applications online through this IT solution,
filling the details in the requisite forms, uploading the required documents
and paying the necessary fees.
Q37) Is it compulsory for the
promoter to register the project immediately after he gets sanctioned
approvals?
Ans: Promoter
has to register the project before he starts any form of advertising,
marketing, booking, selling, offer for selling or inviting people to purchase
plots, apartment or buildings.
Q38) Will ongoing Project have to
stop sales or construction till receiving the Registration?
Ans: At the
end of ninety days from the date of notification of Section 3 of the Act, the
promoter of an ongoing project shall not advertise, market, book, sell or offer
for sale or invite persons to purchase in any manner any plot, apartment or
building, unless he registers the project.
Q39) Can promoter change the
completion date for ongoing projects while registering?
Ans: Yes,
while registering project, promoter needs to give revised date of completion
which should be commensurate with the amount of development completed
Q40) If an ongoing project is
registered under MahaRERA, then will the Act be applicable for the entire
project or will it be applicable only to units sold after registration?
Ans: Registration
is of the Project/Phase and hence the provisions of the Act are applicable to
all units of the Project/Phase.
Q41) Can an allottee who has
executed agreement with the promoter prior to the on-going project getting
registered with the Authority, be a complainant before MahaRERA?
Ans: MahaRERA
empowers any aggrieved person to file a complaint with respect to a registered
real estate project. This will include an allottee who has an agreement
executed before the project is registered with MahaRERA. However, MahaRERA will
have authority to adjudicate for violations and contravention of provisions of
the Real Estate (Regulation and Development) Act or rules and regulations made
thereunder.
Q42) Can the promoter change the
plans of subsequent phases after registration of the 1st phase?
Ans:The Act puts an
obligation on a promoter to obtain consent of each allottee, if he wants to
change the building plans for the phase that is registered. If a subsequent
phase has not been registered, the promoter can change the plans of the
subsequent phases without obtaining consent of the allottees from current /
ongoing phases. However, if the subsequent phases are also registered, consent
of allottees, of the concerned phases, would be needed as mentioned in section
14 of the Act
Q43) If the promoter needs to change
the plans of an on-going project post registration, will he need the consent of
the pre-registration purchasers?
Ans: MahaRERA
protects the interest of all the Allottees; including those who have executed
an agreement before the project is registered under its provisions Hence, if
the promoter wants to change the plans post registration, then consent of all
pre-registration allottees shall be required as well.
Q44) The promoter can hand over the
common amenities only after completing subsequent phases. What should he commit
to the customer for the registered phase?
Ans:A promoter
should meticulously plan the buildings of the registered phase & common
areas and then declare the individual date of handing over possession of the
building & common areas. Each phase along with the development works shall
have to completed and handed over to the allottee within the time frame defined
by the promoter, during registration, for that phase of the project.
Q45) Is insurance of the project
compulsory? What are the provisions regarding Insurance?
Ans: Promoter has to obtain all such insurance as notified
by the State Government. So insurance will be compulsory only after the
Notification is issued by the State Government. The Act says that the State
Government can prescribe various types of insurance including but not limited
to
- Title of the land and building
as a part of the real estate project; and
- Construction of the real estate
project.
The promoter is liable to pay the insurance premium before
transferring the same to the allottee / association of allottees. The documents
related to insurance will have to be handed over to the association of
allottees when the same is formed.
Q46) Can project finance taken by
promoters from financial institutions be withdrawn from designated 70% account?
Ans: Yes, if
this is declared at the time of registration and subject to provisions of
Section 4 of the Act and 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 made there
under. However, the money withdrawn should be utilized towards construction
expenses of the project, on priority.
Q47) In case of joint development
with land owner on revenue share basis or area share basis, whether land
owner’s component could be withdrawn from designated account of 70%?
Ans: The Act
makes both the Promoters and the land owner or any such parties which are
beneficiary of a sale of a project and receive payments from allottees, as
Co-Promoters and hence liable to adhere to the provisions of the Act and Rules
and Regulations made there under. The withdrawal of money would be subject to
provisions of Section 4 of the Act and 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 made
there under.
Q48) Whether money collected from
allottees towards stamp duty, registration, share money for society, deposits
for maintenance, corpus funds, infrastructure charges, parking charges etc.,
are required to be deposited in the designated bank account (70 %)?
Ans: Yes,
since these are part of the project cost
Q49) When does the promoter need to
form society, association etc.?
Ans: The
Promoter has to ensure that an association of allottees is formed within three
months of 51% of allottees have booked their apartment in the project.
Q50) If due to a change in
government policy, the promoter is entitled to additional FSI etc., can the
promoter build additional floors in a registered ongoing project where
initially those floors were not planned?
Ans: Yes, but
consent of allottees would be needed as mentioned in section 14 of the Act.
Q51) Whether MahaRERA recognizes
Maharashtra Ownership Flats Act and Apartment Ownership Act?
Ans: Yes, the
said Acts have not been repealed. However, In case of inconsistent provisions,
the provisions of the Central Act shall prevail.
Q52) There is a provision for deemed
registration of a real estate project in case the Regulatory Authority does not
respond to the application. How will the promoter receive ID & password?
Ans: In
accordance with the Act, MahaRERA shall within a period of seven days of the
deemed registration, provide registration number.
Q53) How will the Act, Rules and
Regulations affect advertisement of projects with many phases?
Ans: A
promoter would be allowed to advertise, market, book, sell or offer to sell or
invite persons to purchase plot, apartment or building in a phase of a real
estate project, only if the said phase is registered. A promoter cannot
advertise, commit or sell amenities or facilities that are in a subsequent
phase which is still not registered.
Q54) What if an adjoining land is
purchased by the promoter? Can he continue with same registration?
Ans: No, it
has to be separately registered if the said adjoining land was not a part of
the project which has been registered.
Q55) What should the promoter do in
case the particular brand of fixtures and fittings as mentioned in the
specifications are not available in the market since the production of that
type is stopped by the supplier? Will the promoter still be liable in such
case? And what in case fixture/fittings do not give guarantee for more than
five years.
Ans: In
accordance with section 14 of the Act, the promoter should take previous
consent of the concerned allottee.
Q56) What if Part OC is received for
the project: is it exempt from registration?
Ans: No
Q57) Estimated Cost should be
submitted only for area for which approvals/plans cleared as on date of
registration of project or it should also include costs even for the proposed
future expected area to be generated? (Bearing in mind the pros and cons for
the figures depending solely on estimated costs)
Ans: Estimated
cost of the whole project that has been put up for registration has to be
indicated while applying for registration.
Q58) Registration: Are various
certificates (Architect, Engineer, and CA) required at the time of
registration?
Ans: Please
refer to the Forms 1, 2 and 3 of Maharashtra Real Estate Regulatory Authority
(General) Regulations 2017.
Q59) Does developer need to submit
the certificates to Banker or retain with him?
Ans: The
original certificates have to be retained by the promoter because the same are
required to be verified and audited by the statutory auditor of the promoter's
company at the end of every financial year. Copies may also have to be
submitted to the concerned bank, if demanded by them
Q60) Separate Bank Account: can
escrow account opened with the BANk from whom loans are availed, be treated as
Separate Bank Account for a MahaRERA registered project.
Ans: No. A
separate bank account needs to be opened in accordance with the provisions of
the Act and rules made there under.
Q61) Can separate account be more
than one since at times there might be multiple lenders in same project
(building wise lender) though developer might register the project at one go.
Ans: No. There
should be one designated bank account for every registered project or
registered phase of a project.
Q62) Sometimes buyer is ready and
gives undertaking that he is ok to give money beyond 10% however does not want
to register. Should it be allowed?
Ans: No.
Section 13(1) of the Act prohibits the promoter from taking more than 10% of
the cost of apartment without entering into a written agreement for sale, duly
registered.
Q63) Referral bookings: Existing
customers referring to others for buying the flat in same project or other
project of same developer: will they be treated as Real Estate Agent?
Ans: Yes, if
it is against a consideration. Real Estate Agent is clearly defined in section
2(zm) of the Act
Q64) For Foreign brokers
registration and advertisement outside India, will same rule apply as in India?
Ans: Yes, if
it pertains to a registered project under MahaRERA.
Q65) In case of customers default:
can developer be selective in cancelling units?
Ans: Provision
of termination of agreement is covered in the Model Form of Agreement attached
to 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.
Q66) Internal changes: assuming
making a duplex at customers request: will this be treated as Major change and
require approval of other allottees?
Ans: Please
refer to section 14 of the Act
IV. FAQS from Real Estate Agent’s
Perspective
Q67) Who needs to apply for
Registration for broking business in Real Estate?
Ans: Every
Real Estate Agent who intends to facilitate the sale or purchase of or act on
behalf of any person to facilitate the sale or purchase of any plot, apartment
or building, as the case may be, in a registered real estate project being sold
by the promoter in any planning area in Maharashtra, shall have to apply for
registration to Maharashtra Real Este Regulatory Authority (MahaRERA).
Q68) What is the procedure to obtain
registration to operate as Real Estate Agents? What are documents required to
get real estate agent's license?
Ans: It will
be through an easy online process. The procedure is explained in Rule 11 of
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.
Q69) What is the fee for
registration? What is the duration?
Ans: The fees
are in accordance with Rule 11(3) of 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
registration is valid for a period of five years
Q70) Will marketing and sales staff
of Builder/ Promoter/ Developer also need to take registration as an agent?
Ans: A real
estate agent is clearly defined in Section 2(zm) of the Act.
Q71) Will the registration of
MahaRERA be operated in other states?
Ans: No. The
registration is valid only for Maharashtra region.
Q72) Is this registration
transferable to another agent or to other state where agents intend to shift
his office?
Ans: No
Q73) Even if real estate agent has
not taken any commission from client and taken it from promoter, can the agent
still be responsible and liable for builder’s default?
Ans: The
agent's liability is in accordance with Section 10 of the Act. He is not held liable
for the promoter's default.
Q74) If real estate agent is not
listed with promoter's registration at MahaRERA website, still can he sell in
this project?
Ans: No. If
the promoter has not included the real estate agent's name at the time of
registration, it will have to be included by the promoter, subsequently, and up
dated in the MahaRERA website. The real estate agent can operate in the project
only thereafter.
Q75) Will MahaRERA protect Agents
for their commissions not paid by builder or by parties to the deal?
Ans: No, these
will be guided by the agreements that real estate agents have with the
concerned promoters or allottees.
Q76) Will agent be responsible till
the delivery of flats / real estate unit done or is he responsible till
documents are registered?
Ans:The
responsibility of the real estate agent will be in accordance with Section 10
of the Act.
Q77) What will be the penalties and
fines?
Ans: Penalties
for non-registration and contravention of provisions of section 9 and 10 are
given in Section 62 of the Act.
Q78) What are unfair Trade
Practices?
Ans: It is
explained in Section 10 (c) of the Act.
Q79) What if promoter gives false
information or documents to real estate agent and agent acts upon such
information, will he be liable?
Ans: Under
Section 12 of the Act, it is the obligation of the promoter regarding veracity
of advertisement and prospectus. The agent is liable if he makes a false or
misleading representation concerning the services that he intends to offer.
Q80) Will listing websites /
newspapers/ exhibitions promoting real estate needs to take agents’ license?
Ans: Yes, if
they intend to facilitate the sale or purchase of or act on behalf of any
person to facilitate the sale or purchase of any plot, apartment or building,
as the case may be, in a registered real estate project being sold by the
promoter in any planning area.
Q81) Will digital media listings by
builders / agents need to get approved from MahaRERA?
Ans: No
Q82) Will real estate agents putting
advertisement on builders’ behalf need to get approved his print / radio/ TV/
other media promotions content?
Ans: No,
however no advertisement should be put out for a project unless the concerned
promoter has registered the project with MahaRERA. The agent should not
advertise for services that are not intended to be offered.
Q83) If registration is not given
within 30 days, will it be deemed registration?
Ans: Yes, if
the Authority fails to issue any communication about deficiencies, within 30
days of the receipt of the application for registration.
Q84) Does an entity "Other than
an Individual", who has applied and paid registration fees, need to apply
separately for its staff?
Ans:No, as long as
the staff operate under the aegis of the said entity.
Q85) Will a multi-state operator of
real estate agency business need to apply in all state of India?
Ans: For
working as a real estate agent in Maharashtra, registration will be given by
MahaRERA.
Q86) Is Agent authorized to sign on
behalf of his promoter / builder?
Ans:No
Additional FAQs wrt to IT
Application
Q01) Is there a file size limit and
specific format for documents to be uploaded in the application?
Ans: Yes. The
file size limit is 1MB per file and only PDF files can be uploaded on the
application.
Q02) Where can I get template for
“Declaration in Form B”?
Ans: The
template for Form B is available at 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 uploaded on
the MahaRERA website https://maharera.mahaonline.gov.in . The Declaration in
Form B should be an Affidavit on minimum 100 Rupees and duly notarized.
Q03) Where can I get templates for
Certificates (Form 1, Form 2, Form 3, Form 4 and Form 5)?
Ans: All of
the aforementioned templates for Certificates are available in Maharashtra Real
Estate Regulatory Authority (General) Regulations 2017. Copy of this regulation
can be downloaded from MahaRERA website https://maharera.mahaonline.gov.in
Q04) In the Online Registration Form
for Projects, It is mandatory to upload Details of Encumbrances Certificate.
However, my project has no encumbrances so what do I upload?
Ans: If your
project has no encumbrances, then you can upload a self-certification stating
that your project has no encumbrances.
Q05) In the Online Registration
Form, we have been asked to upload copy of PAN card. Whose PAN Card should we
upload?
Ans: Incase of
individual user, you are requested to upload the individual’s PAN Card. In case
of organization (Other than Individual), you are requested to upload copy of
Organisation’s PAN Card. No other Copy of PAN cards are required.
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