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Consequences of Non-Compliance with QR Code Rules of MahaRERA


Image of QR code

If you are a promoter or a homebuyer in Maharashtra, you should be aware of the latest Order from the Maharashtra Real Estate Regulatory Authority (MahaRERA) regarding the use of Quick Response (QR) codes in real estate promotions and advertisements.


What are QR codes and why are they important?

A QR code is a two-dimensional barcode that can be scanned by a smartphone or a tablet to access information stored in it. A QR code can contain text, images, links, or other data.


MahaRERA has introduced a QR code for each registered real estate project in Maharashtra to assist homebuyers with all project related information. The QR code will contain the details of the project such as its name, location, registration number, status, amenities, layout, floor plans, approvals, and disclosures.


The QR code is important for both promoters and homebuyers as it enhances transparency, accountability, and convenience in the real estate sector. It helps homebuyers to access reliable and updated information about the projects they are interested in with just a scan of their smartphone or tablet. It helps promoters to comply with the provisions of the RERA Act and the MahaRERA rules and regulations regarding disclosure of project information. It helps MahaRERA to monitor and regulate the projects registered with it and to ensure compliance of the orders or directions issued by it. It helps to prevent frauds, misrepresentations, and malpractices in the real estate sector by providing authentic and verified information to the public.


What is the MahaRERA directive and when does it come into effect?

MahaRERA has made it mandatory for each and every project promotion or advertisement published effective August 1, 2023 to have a QR code. The QR code must be published prominently on the side of the MahaRERA registration number and the website address. The QR code must be legible, readable, and detectable with a software application.


The QR code mandate applies to various mediums of promotion or advertisement such as:

  • Newspapers, magazines, journals

  • Printed flyers, brochures, catalogues, leaflets

  • Prospectus or standees on project sites, sales office

  • Websites or web pages of projects

  • Social media advertisements

  • Any other advertisements where QR codes can be published.

MahaRERA has started issuing QR codes to registered projects from March 2023. Promoters can download the QR code from their login dashboard on the MahaRERA website (https://maharera.maharashtra.gov.in). Promoters must ensure that they update their project information on the MahaRERA website regularly as per the RERA Act.


What are the consequences of non-compliance with the QR code directive?

Failure to comply with the QR code directive will be construed as a violation of the directions issued by MahaRERA and will attract penalty under Section 63 of the RERA Act. The penalty may extend up to Rs. 50,000 subject however to a minimum penalty which shall not be less than Rs. 10,000 for each violation. If the promoter fails to rectify and remedy the violation within 10 days, further action as deemed fit will be taken against them under the relevant provisions of the RERA Act.


The best way to avoid non-compliance with the QR code directive is to follow it diligently and sincerely. Promoters should:

  • Download their QR codes from their login dashboard on the MahaRERA website as soon as possible.

  • Display their QR codes prominently on all their promotions or advertisements along with their MahaRERA registration number and website address.

  • Ensure that their QR codes are legible, readable, and detectable with a software application

  • Update their project information on the MahaRERA website regularly as per the RERA Act.

  • Educate their staff, agents, and partners about the QR code directive and its importance.

  • Monitor their promotions or advertisements for any errors or omissions and rectify them immediately.

Conclusion

The QR code directive by MahaRERA is a welcome step towards ensuring transparency and accountability in the real estate sector. It will benefit both promoters and homebuyers by providing easy access to project information and by preventing frauds and malpractices. Promoters must comply with this directive and display the QR code in all their promotions and advertisements from August 1, 2023 onwards. Failure to do so will expose them to various risks and penalties that may harm their business and reputation.


References:

https://maharera.mahaonline.gov.in/Upload/PDF/Order%20No%2046A%20of%202023%20non-display%20of%20Quick%20Response.pdf

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