The Maharashtra Real Estate Regulatory Authority (MahaRERA) recently issued an order, clarifying specific criteria for real estate projects to qualify for RERA registration in Maharashtra. This new directive, dated October 22, 2024, defines eligible project characteristics and offers clear guidelines on what constitutes a commencement certificate and a completion certificate under the Unified Development Control and Promotion Regulations (UDCPR).
Eligibility Criteria for MahaRERA Registration
Under Section 3(2)(a) of the RERA Act, MahaRERA states that only projects meeting certain conditions are required to register. For a project to be eligible for RERA registration in Maharashtra, it must:
- Occupy a land area exceeding 500 square meters.
- Include nine or more apartments across all project phases.
According to the new order, if a real estate project spans less than 500 square meters, it is exempt from MahaRERA registration, regardless of the number of units. Similarly, projects with eight or fewer units are also exempt, regardless of land area. MahaRERA’s order emphasizes that projects must satisfy both the land size and apartment number criteria to require registration.
UDCPR Clarifications: Commencement and Completion Certificates
The MahaRERA order also clarifies UDCPR’s guidelines on certificates for plotted projects. A “commencement certificate” for plotted projects is defined as the final approval of land subdivision in Form D-3, or a similar authorization with non-agricultural permission. A “completion certificate” includes notification from the relevant authority or self-certification by the promoter, indicating compliance with all subdivision conditions.
The order offers both clarity and flexibility for small-scale developers and buyers, especially for self-development projects, while also clarifying certificate requirements under UDCPR. However, experts note that certain consumer protections may be reduced for exempted projects.