MUMBAI: MahaRERA has issued an order making it mandatory for developers to specify the proposed date of delivery of all facilities and amenities and mention it in annexure-1 to the agreement for sale. It is now also mandatory to provide phase-wise information of the facilities and amenities.
The developer will have to include details stating whether the facilities and amenities will be provided in the building, in the common areas, or in the layout, including even the type of lifts.
Developers will have to provide the expected date of occupancy certificate (OC) for the project, the size of the facilities and amenities and whether these are free of floor space index (FSI) or not as per the rules and regulations of local planning bodies. Developers have to provide details of recreational grounds and playgrounds within the project, as declared by the local planning bodies.
MahaRERA has already made provisions such as defect liability period, conveyance deed, allotment letter, force majeure clause, and parking provisions non-negotiable.
According to MahaRERA, promoters do not mention the facilities and amenities provided either in the building, in the common areas, or in the layout. If these are mentioned, the developers do not disclose when the facilities and amenities would be made available for use. With this order, the uncertainty over the availability of facilities and amenities to the residents will come to an end.
“When the projects are launched and during booking, developers promise a lot in terms of facilities and amenities. Subsequently, when the allottees move in, the facilities and amenities are not certain or are not delivered. Specifying the date of delivery of the facilities or amenities in annexure-1 in the agreement for sale will make it binding on the developers to deliver them,” a MahaRERA official said.
Comprehensive details of the facilities and amenities have to be provided in schedule-II of the agreement for sale too. In case of major revision or changes or relocation of the specified facilities and amenities or public areas, approval has to be sought from MahaRERA. It will also be mandatory for the developers to obtain the consent of two-thirds of the residents if the changes are about the location and numbers of families and amenities.
“This is yet another crucial decision by MahaRERA to legally empower homebuyers and safeguard their investments. Previously, MahaRERA has underscored the rights of homebuyers with regards to various important aspects within the housing projects, such as parking, standardised registration of agreement for sale, and allotment letter,” MahaRERA chairman Ajoy Mehta said.
Hitesh Thakkar, vice-president, NAREDCO, said the MahaRERA order will create more transparency.
