The Latest MahaRERA Procedure

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Delays in completing construction projects are a major challenge for many developers today. In cases where a project has already received one extension under Section 6 of the RERA Act but is still incomplete, developers can seek an additional extension under the special provision of Section 7(3). However, this process is not automatic; it requires strict compliance with legal procedures, detailed documentation, and MahaRERA’s scrutiny. This blog explains the step-by-step process to apply for such an extension.


MahaRERA Orders and Their Significance

MahaRERA has issued several key orders on this matter: Order No. 07/2019, Order No. 40/2022, and the supplementary Order No. 40A/2023. Initially, developers could only get an extension if 51% of the allottees gave written consent. However, many projects were stuck because collecting this consent was difficult. To address this, MahaRERA allowed developers to apply for an extension even without 51% consent, provided they submit a detailed, well-supported application. This change ensures that projects can move forward without unnecessary delays.


Mandatory Form E Submission and Fees

To request an extension, developers must file their application in Form E, as per Rule 7(1) of the Maharashtra Real Estate Rules, 2017. Along with this, an extension fee must be paid as required under Rule 7(3). In addition, any consent letters collected from buyers should be attached in Format B, even if the required 51% threshold is not met.


Explanation of Lack of Consent and Revised Completion Plan

If 51% consent is not available, developers must provide a written explanation detailing why this consent could not be obtained, what efforts were made, and why the extension is still in the interest of the homebuyers. A detailed plan for completing the project must also be submitted, preferably with a PERT chart or timeline. MahaRERA expects clear, evidence-based plans — not mere assurances.


Disclosure of Pending Legal Matters and Declaration

All pending legal matters related to the project must be disclosed, including cases in MahaRERA, the Appellate Tribunal, Consumer Forums, Civil Courts, NCLT, or High Courts. Developers must also submit a notarized declaration confirming that the extension will not affect the rights of homebuyers, that they agree to comply with all MahaRERA conditions, and that MahaRERA’s decision will be final and binding.


Update All Information on the MahaRERA Portal

Before applying for an extension, developers must ensure that all project details on the MahaRERA portal are accurate and updated. This includes sales/booking status, all required forms (1, 2, 2A, 3, and 5), parking details, and the revised delivery schedule. Submitting incomplete or outdated information could lead to rejection of the application.


MahaRERA’s Decision and the Importance of Transparency

Once the application is filed with all necessary documents, MahaRERA will review the justification and verify the project status before deciding. This extension is not automatically granted; each application is assessed on a case-by-case basis. Developers must therefore prioritize honesty and transparency when filing for an extension, as this approach builds trust with homebuyers and authorities.


Conclusion – The Legal Path to Timely Project Completion

Facing project delays openly and legally is the best way forward for developers. By prioritizing transparency, adhering to MahaRERA’s framework, and respecting the interests of homebuyers, developers can ensure smooth completion of projects while protecting buyer confidence. MahaRERA provides a supportive legal framework, but the responsibility for restoring trust rests with the builder.

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