The Real Estate (Regulation and Development) Act, 2016 (RERA) has completely reshaped India’s real-estate sector by bringing transparency and accountability to property transactions. In Maharashtra, the Act is implemented through the Maharashtra Real Estate Regulatory Authority (MahaRERA) — one of the most efficient RERA bodies in the country.
For every builder, developer, and real-estate agent in Mumbai or across Maharashtra, RERA registration is mandatory before promoting, marketing, or selling any real-estate project. Non-compliance can result in severe financial and legal consequences.
In this guide, Advocate Malini Jain, an experienced property and RERA-compliance lawyer, explains the registration process, documentation, and penalties for both builders and agents under MahaRERA.
1. Why RERA Registration Is Mandatory
Section 3 of the RERA Act mandates that every real-estate project exceeding 500 sq. meters or eight units must be registered with the respective state authority before advertising or selling.
For Builders:
Ensures credibility and transparency.
Protects buyers’ funds and builds market trust.
Allows legitimate advertising and online listing on the MahaRERA portal.
For Agents:
Authorizes them to facilitate sales legally.
Prevents blacklisting and penalties.
Builds confidence among clients and developers.
2. RERA Registration for Builders: Key Legal Requirements
To register a project with MahaRERA, the builder or promoter must submit:
Ownership documents or development agreements for the land.
Approved building and layout plans.
Commencement certificate and title report.
PAN card and audited financial statements.
Estimated project cost and completion timeline.
Details of contractors, engineers, and architects.
A dedicated bank account for 70 % of buyer funds, to be used only for construction and land costs.
After uploading all information on the MahaRERA website, the builder must pay a registration fee (calculated per sq. meter). Once verified, MahaRERA issues a unique registration number, which must appear on all marketing material.
3. RERA Registration for Real-Estate Agents
Every agent involved in the sale or purchase of property in Maharashtra must also register with MahaRERA.
Documents Required:
Proof of identity and address.
PAN card and photographs.
Income-tax returns for the last three years.
Details of the business entity (if applicable).
Ownership or rent agreement for office premises.
Upon approval, the agent receives a registration certificate valid for five years, which must be quoted in all transactions and advertisements.
4. Compliance Responsibilities After Registration
For Builders
Update project status and approvals quarterly on the MahaRERA portal.
Use buyer funds only for the registered project.
Deliver possession on or before the committed date.
Maintain transparency in advertisements and pricing.
For Agents
Facilitate only MahaRERA-registered projects.
Maintain proper records of transactions.
Avoid false or misleading representations to buyers.
5. Penalties for Non-Compliance
RERA imposes strict penalties on both builders and agents who fail to comply:
For Builders / Promoters
Unregistered Project: Fine up to 10 % of the project cost.
False Information: Fine up to 5 % of the project cost.
Non-Compliance with Orders: Fine or imprisonment up to three years.
Misuse of Buyer Funds: Criminal liability and project cancellation.
For Agents
Operating without Registration: Fine up to ₹10,000 per day or 5 % of project cost.
Misrepresentation or Fraud: Suspension or revocation of registration.
Non-Compliance with RERA Orders: Additional penalties and potential blacklisting.
6. How Advocate Malini Jain Assists Builders & Agents
RERA compliance requires precision and up-to-date legal knowledge.
Advocate Malini Jain offers end-to-end assistance, including:
Drafting and filing RERA registration applications.
Ensuring adherence to financial and disclosure obligations.
Representing clients before MahaRERA and RERA Appellate Tribunal.
Advising on project documentation, timelines, and buyer communications.
Guiding agents and developers through compliance audits.
Her offices in Delhi and Mumbai provide seamless legal coordination for pan-India real-estate projects.
RERA registration is more than a legal formality — it’s a badge of credibility for every builder and agent in Maharashtra.
By complying with RERA regulations and maintaining transparent business practices, real-estate professionals can build lasting trust with buyers while avoiding costly penalties.
For reliable guidance on RERA registration, compliance, and dispute resolution, connect with Advocate Malini Jain, your trusted legal advisor for property and regulatory matters in Mumbai and across Maharashtra.