MahaRERA General Amendment Regulations 2017
MahaRERA General Amendment Regulations 2017
MahaRERA General Amendment Regulations 2017
MAHBIU2U)9/355r6
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2. Pdncipal Regulatiors.- These regulations amend the iraharashtra Real Estate Regulatory
Authority (General) Regulations 2O17 (hereinafter relerred to as the principal regulations).
3. ln regulation 2 ot lhe Principal Regulations, in clause 1a), after sub-clause (v), the lollowing
sub-clause shall be insened, namely :-
(v-) " incurred " means amount of product or service received , creating a debt in favour ol a
seller or supplier and shall also include the amounl of product or service received against
the payment.
4. ln regulation 3 of lhe Principal Begulations, the words "and submilled lo the banks" shall be
omitted.
5. Atler Regulation 3, lhe following regulatons shall be inserted, namery:-
"3A. ln order to ensure quality of materials and workmanship being used on the proiect, an
Engineer who supervises lhe work should submit Ouality Assurance Ce(ificate in Form 24. This
form shallbe submitted atend of every financial quarter. This Form is applicableto projects registered
atter 1st December 2018 only.
38. For plotted development projects, in Forms 1, 2, 24, 3 and 4 only the relevant sections
shall be applicable. The model form ol agreement lor Plotted Development projects, under Rule 10
of Maharashtra Real Estate (Begulation and Developmenl) (Registration of real estate projects,
Registratioh ol realestate agents, rates ol inlerestand dis.losures on website) Bules,2017 is provaded
as Annexure-B
Fudher, in case o, plotted development projects, wherever IOD/Building Plan approvalis nol provided
as per local rules, then NA Orderfrom competent authority for plotled development shall suffice. Similarly,
wherever Occupation Certificate / Completion Certificate is not provided as per local rules, submission
of duly filled Form 4 signed by Architect shall denote completion of project."
6. ln regulation 4 ofthe Principal Regulations, in clause (a), afterthe words "promotels enlerprise.",
the tolowing shal be insened namely :-
lhe amount to be deposited and withdrawn lrom the
" The said certificate is only in respect ol
separate Bank Accounl. The Chartered Accountant shall further cerlify that the withdrawal trom the
Separate Bank Acc.unt of the said project has been in accordance with the proportion to the percentage
of completion of the project."
7. ln Form -2 ol the Principal Regulations,-
('/.) The words "(License No. ......)" shall be deleted.
(2) ln lable B, lhe word "layout" to be replaced with "projecf'.
(3) ln Annexure A, the following explanation shall be inserted, namely:-
" Explanation ,.-
The increase in consiruction cost due to execution of extra./additional items
as certified by the Engineer in Annexure A, shall be allowed to be added in Form 3".
8. After Form 2, Form 2A shall be added, in accordance with Iormat annexed al Annexu.e - l-
9. The Form 3 in the Principal Regulations shall be substituted in accordance with format annexed
al Annexure - ll.
10. ln Form 5, the words "irembership No." shall be replaced by "UDlN No. .......... .... .... and
irembership Number.
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11. ln Regulation No. 36 ol the i,laharashtra Real Estate Regulatory Aulhority (General)
Regulalions, 2017,-
(, ln clause (a) for the words "the Aulhority" the words 'the Authority or Adiudicating Office/'
shall be substituted ;
(r'l) ln clause (c) for the words The Authority" the words 'The Authority or Adjudicating Officei'
shall be substituted.
(r,i/) ln clause (d) lor the words ''fhe Aulhorav' th6 words ''fhe Authority or Adjudicating oflice/'
shall be substituled.
(14 ln clause (e) for the words 'The Authority" the words 'The Authority or Adjudicating otficef
shall be substituted.
12. The rnodalfonn ofAgreementlor plotted development shall be in accordancewith lormatannexed
at Annexuie - lll.
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AnnexuE - |
FOBM.2A
lsee Segulation 3Al
ENGINEEB'S CERTIFICATE FOR OUALITY ASSURANCE
(site supervisols cedilicate)
(To be uploaded qua.tedy)
To,
The (Name and address of Promote0.
(v, Testing of Other materials.- Other materials like sand, crushed sand, floor tiles, fixtures and
fittings, pipes and sanitary fittings etc. (List out all items) used in this proiect conlorm to relevanl lS/BS/
NBc code or as per standards laid down by the lndustry lor a particular material.
2. Wo*manshlp.- | / we hereby certity that work has been carried out under our supervision. We
further certily that workmanship and quality is satisfactory and up to the mark and the work has been
acceplable within the permissiblo limils ol devialions as per relevant code ot practice.
3. Electrical Materials and workmanahip.- Wofts ol all the electrical wiring/ connections / lift
installation / other electrical nstallations have been carried out under authorized /regislered electdcal
engineerand its records has been mainla ned. The materials used coniorm to lhe relevanl LS/B.S/Nalional
Building codes or as per industry standards.
4. Structural engineer--
Promoters has engaged structural engineer Mt. ...............................having LEenses No. ....................
having Oflice No. ............. . .. . Cell No. ....................................
The structural design of buildings in this project has been done under his supervision. He has checked
the soil repod before laying PCC for toundation in consullation with soil consultant. The formwork and
concrete mix design has been done as per lS 10262:2009 or as per olher relevanl codes as applicable.
His periodic checks and certilicates tor STABILITY and SAFETY have been kepl on record.
5. Proservation ol record6.- Record ol all lest resuhs ol this prolecl have been properly kept in
the prescribed formats and will be preserved at least up to lhe delect liability period or lor the period as
required by any other provision of law.
6. Please specity materials or any other item of work which were not confoming to the standard
specilications and which were not rejected.
Yours Faithfully,
1 (, Land Cost :-
(a) Value ol the land as ascertaaned lrom the Annual
Statement of Rates (ASR).
(b) Amount of Premium payable to obtain development righls,
FSl, additional FSl, fungible area, and any other incentive
under DCR lrom Local Authority or State GovernmenvuT
Administration or any Statutory Authority.
(c) Acquisition cost ol TDR (il any).
(d) Amounts payable to State GovernmenuLrT Administration
or compelent aulhority or any other slatulory aulhority of
the State or Central Government, lowards stamp duty,
transler charges, registration lees etc; and
/e) Land Premium payable as per annual slalement of rales
(ASR) for redevelopment of land owned by public
authorities.
(, Under Rehabilitation scheme:
l/, Estimaled construction cost ol rehab building
includ ng sile development and infrastruclure lor the
same as certified by Engineer.
(1, Actual Cost of construction ol rehab building
incurred as per the books o, accounts as verilied
by the CA.
Note.- for total cost ol conskuction incurred,
Minimurr ol (, or (1, is to be considered
(li, Cost lowards clearance ol land ot all or any
encumbrances including cost ol removal of
l€gal,4 legal occupanls, cost for providing temporary
lransit accommodation or rent in lieu ol Transit
Accommodation, overhead cost, amounts payable to
slum dwellers. lenanls, apanment owners or
appropr ate authority or government or
concessionaire which are not r€lundable and so on.
(ly) Cost ol ASR linked premium, fe€s, charges and
security deposits or maintenance deposit, or any
amount whatsoever payable to any authorities
towards and in project of rehabilitatlon.
(v) Any other cosl including interest incurred on the
borrowing done specifically for construction ol
rehabilitation component.
Sub - Total of Land Cost :
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Eslimaled lncurred
This certiiicate is being issued lor REBA compliance lor lhe Company lPromolels Name] and is
based on the records and documents produced before me and explanalions provided to me by the
management of the ComPany
Yours Faithfuliy,
Name
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ADDITIONAL INFORMATION FOB ONGOING PROJECTS
1 Estimated Balance Cost to Complete the Real Estate Project (Ditference of Total
Estimated Project cost less Cost incurred)
2 Balance amount ol receivables lrom sold apartments as per Annexure A to thas
certificate(as certilied by Chanered Accountanl as verilied from the records and
books of Accounts)
3 (i) Balance Unsold area (to be certified by Management and to be verified by CA
kom lhe records and books ol accounts), (ii) Estimated amount ol sales
proceeds in respect of unsold apartments (calculated as per ASR multiplied lo
unsold area as on the date of c€rlilicate, to be calculated and certified by CA)
as per Annexure A lo this certiticate
4. Estimaled receivables of ongoing project. Sum ol 2 + 3(l)
Amount to be deposited in Designated Account - 707" or 100"/"
lF 4 is greater than 1, then 70 o/o
ol the balance receivables of ongoing project
will be deposited in designated Account
lF 4 is lesser than 1, then 100% of the balance receivables of ongoing
project will be deposited in desiOnated Account
This certiticate is being issued for BERA compliance for the Company lPromote/s Namel and is
based on the records and documents produced belore me and explanations provjded lo rne by the
managemenl ol the company.
Yours Faithfully,
Narne
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Annexure A
Statement for calculation of Receivables trom the Sal6s ol the Ongoing Beal Estate Proiect
Sold lnventory
Sr. No Flal No. Caeet Ar6a Unit Consideration as Rscoived Balance
(in sq.mts.) per AgreemenrLBtlBr Receivable
of Allotmeni
Total
Total
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Annexure-lll
Model Form of Asreem-, . *r:l:i:"J.,Jl? Promoter and Allottee(s) ror Ploned
l,:teen
EXPLANATORY NOTE
This is a model form ol Agreement, which may be modilied and adapled in each case having regard
to the facls and circumslances of respective case but in any event, maner and substance mentioned in
those clauses, which are in accordance with the statute and mandalory according to the provisions ol the
Act shall be retained in each and every Agreement executed between the Promoter and Allottee. Any
clause in this agreement found contrary to or inconsislent with any provisions of the Act, Rules and
Regulations would be void ab-initio.
Model Form ol Agleement
This Agre€ment mad€ and executed this...................day ol ..................... in the y€ar.................
at............................, Ta|uka............................,District...................................
By and Betwoen
Name :.......................
Age about .....,............. years, occupation:
Besiding at.................
PAN ....................-.....
Hereinatter referred to as lhe "OWNERS/ DEVELOPERS/PROMOIERS", (Which expression shall
unless itbe repugnantto lhe context or meaning thereol shall mean and include their legalheirs, executors,
adminisirators, business assigns, lrustees, lransferees etc.).
Residing at.................
pAN.................................
[Hereinatler lor the sake of brevity referred to as THE PURCHASEF/S, OR ALLOTTEE/S which
expression shall, unless repugnant to the contet be deemed to include his/ her heirs, executors,
administrators and assignees.l
The possession ot the said Plot agreed to be purchased by the Purchaser/s shall be handed
overto lhe PurchaserA by the Owner/OeveloperPromoter before ....... on receipt ot the entire amount
of the purchase price of the said Plot and other charges as agreed. The Purchaser/s shall take
possession of the said open Plot wilhin fifteen days]two months lr/s 19(10)l ol lhe Owner/Developer/
Promoter giving wdtten notice to lhe Purchaser/s intimaling the same and after complying wi$ all necessary
legal tormalities, and eflecting necessary paymenl as per agreed schedule.
2.3 DELAY IN HANDING OVER POSSESSION BY OWNER/DEVELOPER/PROMOTEB/
CONSENTING PARTY:
It is agreed between the parties hereto thal if the Owner/Developer/Promoter lails to give
possession of the said Plot in accordance with the terms ol this Agreement within the stipulated
period as mentioned in clause 2.2 ..-...-........ hereanabove or within furlher mutually agreed poriod [and
a period of three months thereatter,lor if, ihe Owne/Developer/Promoter and/orilsAgents for roasons
beyond its control, are unable to give possession of the said Plot by the said date and after a period
of h[o months il those reasons still exist, thon in such case, Owner/Developer/ Promotershall, without
prejudice lo its righls reserved hereunder, be liable on demand ol the Purchaser/s to relund the
amounts akeady received by il in respect of the said Plot from the Purchaser/s with simple interest
thereon at such rate ot inlerest as prescribed under the provisions of the REBA Act, 2017, and the
Rules made thereunder, per annum, lrom the date it received the same till the date the arnounts and
interest lhereon is refunded to lh6 Purchaser/s.
3. MAINTENANCE OF THE PLOT/LAYOUT:
Commencing the week alter Notice in writing is given by the Owner/Developer/Promoter to lhe
Purchaser/s that the said Plot is ready lor use and occupation and intimation ol the same is received by
lhe Purchaser/s from lhe Owner/Developer/Promoter, the Purchaser/s hereby agree/s and bind/s himselt/
herself/themselves to pay to the owner/Developer/Promoter, changes for common service if any.
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4. FORMATION OF FINAL BODY OF PUBCHASERS I
(b) The Promoter has lawful rights and requisite approvals trom the competent Authorities to
cary out development of the Projectand shallobtain requisite approvals from time lo time locomplele
the development ol the proiect;
(6/ There are no encumbrances upon the project land or the Proiecl except those disclosed in
the title report;
(d) There are no litigations pending belore any Coud ol law with respect to the proiect land or
Project excepl those disclosed in the title reportithere are no prohibitory orderlor transferol the plot.
le) All approvals, licenses and permits issued by the competent authorities with respect to the
Project, proiect land and said building are valid and subsisting and have been obtained by lollowing
due process of law. Further, all approvals, licenses and permils to be issued by the competent
aulhoritieswith respecttothe Project, poecl land andsaid building/wing shall be obtained byfollowing
due process of law and the Promoter has been and shall, at all timss, remain to be in compliance
with all applicable laws in relation to the Proiect, proiect land, Building/s and common areas;
(, The Promoter has the right to enter inlo this Agreement and has not committed or omitted
to perform any act or lh ng, whereby the righl, title and interest of the Allottee created herein, may
projudicially be atlected;
(g) The Promoter has not enlered into any agreement for sale and/or development agreemenl
or any olher agreem€nvafiangement with any person or party with respectto the proiect land, including
the Projectand lhesaid Plotwhichwlll, n any manner, aflectthe rights of Allottee under this Agreement;
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(h) The Promoter confirms that the Promoter is not reslricled in any manner whalsoever from
selling the said Plot lo the Allonee in the manner contemplated in this Agreemenl;
(, The Promoter has duly paid and shallconlinue to pay and discharge undisputed govemmentai
dues, rates, charges and laxes and other monies, levies, impositions, premiums, damages and/or
penalties and otheroutgoings, whalsoever, payable with respect to lhe said project to the competenl
Authoritiesi
,) No notice from the Govemment or any other localbody or authority orany legislative enactment,
gov€mmenl ordinance, order, notilication (includingany notice for acquisitaon or requisition ol the said
property) has b€en received or seNed upon the Promoter in respect ol lhe proiecl land and/or lhe
Proiect except those disclosed in the title repod.
(k) The promoter shall obtain all such insurance as may be notilied by the Govemment ol
Maharashtra:
f, Title of land as a part of real estate projecl.
8. PAYMENT OF STAMP OUry/REGISTRATION FEES/ EXPENSES:
It is hereby expressly agreed thatthe Purchaser/s shallbearthe Siamp Dutyand Registralion Charges
payable on thisAgreement and alldocumenls executed by the Owner/Developer/Promoler pursuant hereto
including but not restricted to lhe proportionate Stamp Duty payable on the Deed ol Conveyance of the
specilied parts oi the land and any building within the said Complex which may be executed by the
Owner/Developer/Promoter or Consenting Pady in favour of the Association/ condominium/ society ol all
Plot purchasers in the said project.
9. ENTIRE AGREEMENT :
This Agreement, along with its schedules and annexures, conslitutes the entire Agreement between
the Parties wilh respect lo the subject matter hereof and supersedes any and all understandings, any
other agreemenls, allotment letter, correspondences, arrangemenls whetherwritlen ororal, il any, between
the Parties in regard to the said apadmenyploLbuilding, as lhe case may be.
10. FURTHER ASSURANCES:
Both Parties agree that they shall execute, acknowledge and deliver to the other such inslruments
and take such other actions. in additions to the instrumenls and actions specilically provided tor herein'
as may be reasonably required n order to eflectuate lhe provisions ol this Agreement or oi any transaclron
contemplaled herein or to conlirm or perfect any dght to b€ created or kansferred hereunder or pursuant
to any such lransaction-
11. ADDRESS FOR SERVICE:
Thal all notices to be served on the Allottee/Purchaser and the Promoter as conlemplat€d by th s
Agreement shallbe deemed to have been dulyserved if senl to lhe Aliottee orthe Promoter by Registered
Posl A.D and notilied Email lD/Under C€rlificale of Posting attheir respective addresses specified below I
Name of Allottee/Purchaser
(Allotlee's Address)
Notilied Email lD : ...............
That the rights and obligations olthe parties underorarising oul ofthis Agreement shall be conslrued
and enforced in accordance with the laws of lndia for the lime being in force and the
courts within whose local limils lhe property is situaled wlll have the iurisdiction lor this Agreement.
lmpodant Note.-Please insert any otherterms and conditions as perthe contractual understanding
between the panies, however, please ensurethatsuch addilionalterms and conditions are nol in derogalion
ol or inconsistent with the provisions ot the said act and any olher governing law lor lirne being in force
and the Rules and Regulations made thereunderl.
Note.-Testimonial clause to be finalized in individual cases having regard to the constitution ol the
parlies to the Agreement.
LIST OF ANNEXES
Annexure "A" Tille Certificate.
Annexure "B' 7112 Exldecls.
Annexure "C" Approved Layout of Plots.
Annexure "D" Aulhenticated Copy ol the approved layout showing lho specific plot, subjectmatter
of lhese presents.
Annexure "E' List of Common Areas, and Amenities to the provided under these presents.
Regiskation Certilicate of the Project granted by the Real Estate Regulalory
Authority.