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Maharashtra Releases RERA Rules For Public Suggestions, Buyer Groups Allege 
Dilution<https://news.housebolo.com/maharashtra-releases-rera-rules-for-public-suggestions-buyer-groups-allege-dilution/?pfrom=home-property>
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After missing out on the first two deadlines, the Maharashtra government has 
finally come out with its version of RERA rules. The rules of Real estate 
(Regulation and Development) Act, 2016 have been published by the housing 
department on 9th December. They will be open for public suggestions and 
objections until 23rd of this month.



Some of the salient features of the draft rules are as follows:

  *   Deemed conveyance under MOFA exists
  *   Parking spaces can be sold by the promoter at consideration
  *   All projects where occupancy certificates to all the buildings under 
sanctioned plan not received needs to be registered with authority.
  *   Registration exempted for renovation, repair or redevelopment which does 
not involve marketing, advertisement, selling or new allotment of any apartment 
or structural repairs, rehabilitation buildings being constructed under any 
scheme of law.
  *   Maharashtra Ownership of Flats Act or (MOFA) is repealed.



While the officials from the housing department are claiming that the rules are 
framed keeping the interests of the buyers in mind. Buyer groups and activists 
feel otherwise.



Fight for RERA member Prakash Paddikal feels that the rules have been diluted.

''The rules don't take into consideration all our demands. For instance, people 
who want to undergo redevelopment get no protection from this.  The authorities 
responsible for causing delays have not  been brought under the purview of the 
act. Also, the registration fees  for real estate projects which are Rs.1 per 
sq. meter for a project where the area of land proposed to be developed is less 
than 1000 square meter and Rs. 2 per square meter where the area is more than 
1000 square meter is ridiculously small. These are our initial observations, we 
will be studying the rules in detail now.''



Noted property Lawyer Uday Wavikar feels that consumer interest is diluted in 
the RERA rules published by the government.

" Deposit in the escrow account is from now onwards. So what happens to the 
projects which are not yet completed? They have allowed the developer to change 
the plans if permitted by the authorities, this is a clear case of injustice on 
the buyers. Besides now parking space can be sold by the developer which is 
against the MOFA. Moreover, the state level appeal will go to the respective 
high court of the state. Instead of this, we had demanded a creation of 
separate authority like NCDRC to hear the appeal.''



Ramesh Prabhu, Chairman of Maharashtra Societies Welfare Association (MSWA), 
says that though the rules have clarified some things, there are still a lot of 
ambiguities which need elaboration.

"The rules state that conveyance to be given by apex body after completion of 
the last building in the layout. The developer may not complete last building 
to explore additional FSI. Rules also exclude conveyance of government bodies 
like MHADA, CIDCO, NIT etc stating that it will be as per the provisions of the 
respective acts related to them.''



Some of the activists also pointed out that rules don't seem to allow criminal 
proceedings against the developers.



The PDF of draft rules is available on the government website. Any suggestions 
or objections can be sent via email to 
[email protected]<mailto:[email protected]>
 or through post addressed to Principal Secretary, Housing Department, 
Mantralaya, Mumbai 400032.


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