MahaRERA on 16.05.2023 has come out with two Orders setting out the documents which the promoter has to provide while applying for extension of project deadline & how the planning authorities should send the commencement certificates for verification of their authenticity.
Documents for project deadline extension, beyond 1 year
MahaRERA vide their Order no 07/2019 had stated that post the one year extension, a promoter can seek further extension subject to approval of allottees and submitting such fees and documents as maybe prescribed.
In furtherance to Order no. 40/2022 dated 27.12.2022, MahaRERA has now directed the promoters to submit additional documents before granting such extension. The list of those documents are as follows:
Consent of 51% of allottees (Format B as per circular 28/2021 dated 08.03.2021)
Letter stating:
The reasons why consent of 51% allottees is not obtained.
The reasons why application for further extension should be considered without the required % of consent.
Explanatory note stating the grounds & reasons for delay in project. PERT chart describing how the balance work shall be promoted.
List of complaints filed against it before MahaRERA, NCLT, any other tribunal, forum court of law.
Notarized declaration declaring the following:
Grant of extension shall not affect the rights of allottees.
Promoter shall be bound by the terms & conditions as maybe imposed by MahaRERA for granting extension.
Decision of MahaRERA shall be final and binding.
Update the project details on project webpage.
One can observe that MahaRERA is maintaining a fine balance between the promoter interest and justice to allottees.
Genuineness of Commencement certificate (CC) & Occupancy certificate (OC)
As per the order of the Bombay High court, followed by the instructions of the Secretary of Government of Maharashtra, it was ordered that in a time bound manner, the web portals of the competent authority, who issue CC & OC, should be integrated with the MahaRERA web portal. This was ordered to check the authenticity of the CC & OC as uploaded by the promoter, after the recent case of fake CC & OC of Kalyan Dombivli area.
In the meantime that the web portals shall be integrated for document & info sharing, the competent authorities were instructed to email the CC & OC to MahaRERA, as and when they are issued by them. MahaRERA has now issued district wise designated email ids for sending those certificates directly to MahaRERA.
Post 19.06.2023, no project can be registered without cross referencing the CC as uploaded by promoter and sent by the competent authority. Incase there is any discrepancy found or the certificate is not sent by the competent authority, MahaRERA shall not grant registration to such projects.
Promoters and their associations have been requested to take this into cognisance while filing for registration or uploading OC. All these measures taken vide MahaRERA circulars is aimed to build trust in real estate market & raise credibility of developers. Verification of completion certificates & occupancy certificates is a right step in transparency & accountability in real estate market and homebuyer protection.
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