MahaRERA Initiates Pre-Emptive Measure For Homebuyers To Get Better Quality Houses, Proposes Annual Self-Declaration Of Quality Assurance

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Mumbai, 14th May 2024: Every developer claims that their project is the best in every aspect; however, construction quality remains one of the key factors. The construction quality of a project depends on multiple technical and engineering parameters such as structural design, stability, testing, input material quality, workmanship quality, fire safety measures, among others. Achieving good construction quality is only possible if the real estate project’s promoter is stringent at each of the construction stages.

In an attempt to ensure homebuyers get better quality homes, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has floated a Draft Regulation for Project’s Quality Assurance. Through the self-certification declaration of the same, the developer will have to provide detailed information on the project’s technical aspects.

The draft has been published on MahaRERA website seeking suggestions and views. The window to share the opinions to [email protected] is open upto May 23.

In December, MahaRERA released a consultation paper on the measures for better quality homes and pre-empt homebuyer complaints related to defects in construction or sub-standard construction quality. Based on the information received, a fresh document has been drafted.

It is proposed that during the initial phases, abiding by the new regulations will be optional. Names of those developers voluntarily adopting the system will be put up on MahaRERA website and will assist in adding credence to their reputation towards potential homebuyers. Once the transition phase is over, it will become mandatory for all the developers to follow suit.

The Real Estate (Regulation and Development) Act, 2016 has a provision on defect liability. The law safeguards flat purchaser’s rights by making a developer accountable to rectify any structural defects, at their own expense, which are brought to the notice within the initial five years. These have to be rectified within 30 days.

While the law provides remedial measures for defect rectification, it is essential to safeguard homebuyers’ interests. Therefore, the need to have processes and standards to minimise the occurrence of defects.

The need for such a regulation arose owing to repeated discussion and concerns over construction quality delivered by the real estate sector. This will alleviate concerns about the quality of construction in the real estate sector, MahaRERA emphasises the importance of structural design and stability. Already, multiple real estate stakeholders have been consulted to put together the draft. Prior to formalising the same, suggestions and opinions have been sought.

There are several essential questions that need to be addressed on-site. Some of those include, in terms of structural design and stability, is soil testing done before the design process? Are structural engineers appointed for the project? Are all the works getting periodically certified for quality control, and is a record of this maintained on-site? Is there an on-site testing facility to inspect raw material quality? Is there regular inspection of the construction site to ensure the quality of materials like cement, concrete, steel, electrical wires, plumbing fittings, etc.? In case of a multi-storied building, is there an anti-seismic system? Is there a flood prevention system in place? Is water quality testing done for construction purposes?

For the execution of all the civil works, it is important to have engineers and contractors overseeing important aspects such as electricity, water supply and sanitation. Any negligence or laxity should not be tolerated, and meticulous attention should be paid to avoid errors and discrepancies as basic as dampness in the wall and leakages.

Furthermore, after completion of the project, details regarding fire safety, earthquake-resistant measures, and other similar matters need to be documented and certified by the project supervisor and engineers. The promoter of the project will also have to re-validate these prior to submitting the “Self-Declaration on Quality Assurance” to MahaRERA.