MahaRERA Initiates Step To Discontinue Uncertainty Of Guaranteed Facilities And Amenities In Housing Projects

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Mubarak Ansari & Tikam Shekhawat

Mumbai, 29th April 2024: Following the issuance of an order to bring uniformity and address discrepancies in parking spaces, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has now taken a proactive step to eliminate uncertainty regarding promised facilities and amenities in new housing projects.

Previously, Schedule Two of the Model Agreement for Sale only mentioned the facilities and amenities but did not provide any details with regard to their features and delivery date. The proposed order now makes it mandatory to specify the exact date by which these amenities and facilities will be made available to residents.

According to the proposed order, details of all amenities and facilities promised to be provided in the common areas of the project, within the building, in the common areas of the building, and in the overall layout of the project, such as swimming pools, badminton courts, tennis courts, table tennis courts, auditoriums, society offices, gyms, squash courts, etc., will have to be provided along with their size and availability dates. This information is proposed to be made mandatory to include in the Agreement for Sale and will be considered a non-negotiable clause, as it is of importance for every homebuyer.

It has been proposed that this sixth provision shall be an irrevocable clause to the Model Agreement for Sale, following clauses on force majeure, liability period, carpet area, conveyance, and newly included parking.

For this, MahaRERA has invited suggestions and objections on the draft order from all the stakeholders by May 27, 2024. The draft order has been made public on MahaRERA’s website. Suggestions and objections can be sent through email to [email protected].

In the world of new housing projects, sale agreements often act as detailed blueprints outlining the construction process along with specifications, payment schedules, unit pricing, and handover dates. However, a crucial piece of information frequently goes missing: details about the promised amenities and facilities. While residents might be enticed by the vision of a swimming pool, gym, or community centre, the agreement often remains silent on when these facilities and amenities will become available or what their specifications might be. This lack of clarity can lead to unfulfilled expectations and potential disputes in the future.

गृहनिर्माण प्रकल्पांतील आश्वासित सुविधा, सुखसोयींची अनिश्चितता संपवण्यासाठीही महारेराचा पुढाकार

Henceforth, in order to increase transparency, and accountability and reduce disputes, MahaRERA has made it mandatory to provide an annexure with all the details in the Agreement for Sale. This provision is also proposed as an irrevocable matter.