The Real Estate (Regulation and Development) Act, 2016 (RERA) has transformed the real estate landscape in India by bringing transparency, accountability, and fairness to the sector. For residents of Mumbai and Maharashtra, RERA has become a critical tool in protecting the interests of homebuyers and regulating the conduct of builders and developers.

In this comprehensive guide, Advocate Malini Jain, a practicing lawyer experienced in property and real estate law, explains the key provisions of RERA, its implementation in Maharashtra, and how it impacts both homebuyers and builders.

What is RERA and Why It Was Introduced

Before RERA, homebuyers often faced issues like delayed possession, misleading advertisements, and unfair builder practices. The RERA Act, introduced by the Government of India in 2016, aims to regulate and promote the real estate sector by ensuring:

  • Timely project completion and delivery.

  • Transparency in transactions.

  • Protection of buyer interests.

  • Accountability of builders and agents.

  • Efficient redressal of disputes.

Each state has its own RERA authority, and for Maharashtra, it is known as MahaRERA (Maharashtra Real Estate Regulatory Authority).

RERA in Maharashtra (MahaRERA): Overview

MahaRERA, headquartered in Mumbai, is among the most efficient and transparent regulatory bodies in India. It ensures all real estate projects and agents in the state are registered, compliant, and monitored for progress.

Key highlights of RERA Maharashtra:

  • All residential and commercial projects above 500 sq. meters or eight units must be registered.

  • Developers must disclose project details, completion dates, layout plans, and financial statements.

  • Buyers can access real-time project information on the MahaRERA website.

  • Builders cannot advertise, sell, or market any project without registration.

RERA Rules for Builders and Developers

The RERA Act imposes strict rules and obligations on builders operating in Mumbai and across Maharashtra:

  1. Mandatory Registration:
    Every builder or developer must register their project with MahaRERA before marketing or selling any unit.

  2. Financial Transparency:
    Builders must deposit 70% of the project funds received from buyers into a separate bank account to ensure the money is used only for that project’s construction.

  3. Accurate Declarations:
    Project details such as plans, timelines, and approvals must be disclosed and updated regularly.

  4. Timely Delivery:
    Delays beyond the promised possession date can result in compensation or refund to buyers, as ordered by the RERA Authority.

  5. Prohibition on False Advertising:
    Builders cannot make misleading claims about amenities, approvals, or possession timelines.

Violation of these rules can lead to hefty fines, imprisonment, and even cancellation of the project’s registration.

Rights of Homebuyers under RERA

RERA gives homebuyers several powerful legal rights, especially in Maharashtra and Mumbai’s active real estate market:

  • Right to Information: Buyers can access every project detail on the MahaRERA portal.

  • Right to Timely Possession: If a builder delays possession, buyers can claim refund with interest or compensation.

  • Right to Transparency: Builders must maintain clarity in cost, layout, and specifications.

  • Right to Quality Construction: Buyers can report defects found within five years of possession, and the builder must rectify them at no extra cost.

  • Right to Legal Remedy: Homebuyers can file complaints directly with MahaRERA for prompt redressal.

How to File a Complaint under RERA Maharashtra

Homebuyers can file complaints online through the MahaRERA official website by:

  1. Creating a user account on the MahaRERA portal.

  2. Filling out the complaint form with project and builder details.

  3. Uploading supporting documents such as the sale agreement, payment receipts, and correspondence.

  4. Paying a nominal filing fee online.

Once submitted, the authority schedules hearings and ensures time-bound resolution — a significant advantage over traditional civil court proceedings.

Role of a RERA Lawyer in Mumbai & Maharashtra

Navigating real estate law can be complex. This is where an experienced RERA lawyer, like Advocate Malini Jain, plays a vital role.

She assists both homebuyers and builders in:

  • Filing and defending RERA complaints.

  • Drafting and reviewing sale agreements and builder-buyer contracts.

  • Representing clients before MahaRERA, RERA Appellate Tribunal, and consumer forums.

  • Advising developers on registration, compliance, and risk management.

Her in-depth understanding of property law and multi-jurisdictional experience in Delhi, Mumbai, and across India makes her a trusted name in RERA-related legal services.

Penalties for Non-Compliance with RERA in Maharashtra

RERA ensures strict enforcement through substantial penalties:

  • Unregistered Projects: Fine up to 10% of the project cost.

  • False Information: Fine up to 5% of the project cost.

  • Non-Compliance of RERA Orders: Fine or imprisonment up to three years.

  • Agents without Registration: Fine up to ₹10,000 per day till registration.

Such strict provisions make legal guidance essential for builders and developers in Mumbai and Maharashtra.

The RERA Act has empowered homebuyers and brought discipline to the real estate industry in Maharashtra. Whether you are a homebuyer seeking justice or a builder ensuring compliance, understanding RERA’s scope and following its regulations is crucial.

With her expertise in real estate law, compliance, and RERA litigation, Advocate Malini Jain provides comprehensive legal support for individuals and organizations navigating the complexities of RERA Mumbai and Maharashtra.

For professional legal advice, complaint filing, or project compliance assistance, consult Advocate Malini Jain — your trusted legal partner for RERA matters in Mumbai.

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