MahaRERA asks developers to clearly mention delivery timeline of project amenities in agreement
Maharashtra Real Estate Regulatory Authority (MahaRERA) has made it mandatory for the developers to specify the date of delivery of the facilities and amenities in the Agreement for Sale in the form of an Annexure at the time of registration.
This new order dated 30/07/2024 will now end the uncertainty that many home buyers face in terms of when the builder will finish the amenities for them to use what was promised and paid for by them.
This Annexure-I will be part of the Agreement for sale document, registered with the government. This move will make it compulsory for the developers not to violate delivery timeline of the facilities and amenities as committed to the homebuyers. These include swimming pool, tennis court, badminton court, theatre, club house, gymnasium, table tennis area, squash court, giant chess area, garden, senior citizen zone, jogging track, juice bar, children play area, among others, said a MahaRERA official.
In case of any major alterations, corrections, or relocation of the facilities, amenities, or public areas mentioned in the agreement, it will be essential for the builder to seek approval from MahaRERA. Without this approval, any modifications made will be deemed unauthorized and unlawful. Furthermore, developers must obtain consent from two-thirds of the residents if changes involve the location, number of families, or amenities. This ensures that developers cannot make unilateral changes without the agreement of the residents.
Click here to read MahaRERA order
“Usually, larger housing projects are spread over multiple phases and in such instances, often, multiple amenities are made available only on completion of the last phase. To ensure residents in the earlier phases are aware about the availability of the facilities and amenities, it now is mandatory to provide a phase-wise and date-specific information of the same. As this provision is of importance for the homebuyers, MahaRERA has ensured to make it non-negotiable. An order to this effect has been issued by MahaRERA and is applicable to all the registered housing projects with immediate effect,” the official said.
In addition to the requirements of the previous agreements, developers must now include details of recreational grounds and playing grounds within the project as specified by the local planning bodies. Moreover, it is mandatory to disclose information about the types of lifts installed, including passenger, service, stretcher, goods, fire evacuation, and any other types, along with their capacity and speed in meter per second.
This new mandate by MahaRERA is an important step towards ensuring clarity and peace of mind to homebuyers regarding the availability of facilities and amenities in housing projects. Specifying timelines for these amenities in Schedule II of the Agreement for Sale, just like apartment details ensures that developers are accountable for delivering both apartments and amenities within the specified time frames. This move aims to enhance transparency during property transactions and empower homebuyers by ensuring they have clear information about what to expect in their new homes.
