In a move to promote greater transparency and integrity in the real estate sector, MahaRERA issued Order No. 50 of 2024 on 10th January 2024. This important directive puts an end to the practice of double or multiple registrations of real estate projects on the same parcel of land. It introduces a mandatory Declaration-cum-Undertaking to be submitted by promoters along with every application for project registration.
As per the order, all promoters must now officially declare that the land for which they are seeking MahaRERA registration is not already under a pending or approved registration, even partially. This requirement ensures that each real estate project is registered only once, eliminating scope for duplication or misuse through multiple project names on the same land.
This regulatory step is firmly rooted in the legal provisions of the Real Estate (Regulation and Development) Act, 2016. Sections 25, 37, and 4(2)(m) of the Act empower MahaRERA to issue such directions and seek additional documentation. The authority observed that certain promoters were registering projects on already registered or pending land, which is a serious breach of the Act’s core principles of consumer protection and project transparency.
To address this malpractice, MahaRERA has outlined two clear scenarios. First, in case of standalone building projects, the promoter must declare that no part of the land is under any existing or pending registration. Second, in layout development projects involving multiple buildings, the promoter must ensure that approved amenities like parks, clubhouses, or parking areas are not altered or duplicated in the new registration. They must also ensure no overlapping project exists on the same land.
Importantly, the order includes strict penalties for promoters making false or misleading declarations. These include rejection or cancellation of project registration, along with additional penalties as per the Act. This ensures that only those who comply fully with MahaRERA’s norms will receive registration approval.
This order is applicable immediately, and no project will be accepted for registration unless it is accompanied by the mandatory Declaration-cum-Undertaking in the Annexure A format prescribed by MahaRERA. All stakeholders—promoters, legal advisors, architects, and homebuyers—must take note and act accordingly.
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