MahaRERA proposes Bi-yearly Declaration on Construction Quality

In order to increase the accountability of real estate developers towards the quality of real estate projects, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has proposed that developers make six monthly declarations on the quality of projects undertaken by them. For this, MahaRERA has sought suggestions from developers; these can be sent in by October 31.

MahaRERA is considering regulations on monitoring the quality of construction. For this, it is in the process of drafting a discussion paper that is expected to be made public in the coming days.

“MahaRERA is of the opinion that the quality of construction of projects can be controlled if regulations and procedures for effective implementation are laid down,” said a statement by MahaRERA on September 16.

“Most people invest their lifetime earnings in buying a home. After taking possession of the house, it is the developer’s responsibility to resolve these complaints free of cost for up to five years as per the defect liability period. However, in such a case, MahaRERA has decided to insist on quality construction in advance to ensure that homebuyers do not face problems after taking possession of the house,” said Ajoy Mehta, Chairman of MahaRERA, said.

He added, “Therefore, certain procedures and standards to be followed during construction are being decided. This will not only help in securing the interests of the customers but will also help in increasing the credibility of the real estate sector.”

Current provision under RERA Act for quality

Section 14(3) of the RERA Act stipulates that “In case any structural defect or any other defect in workmanship, quality, or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within 30 days, and in the event of the promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.”

“While the Act does provide remedial measures for defect rectification, it is essential to recognise that the best approach to safeguarding the interests of homebuyers is not limited to offering remedies after defects have surfaced. Instead, the focus should be on establishing processes and standards that minimise the likelihood of defects occurring in the first place, said MahaRERA in a letter to the developers’ association.

It added, “MahaRERA proposes a proactive approach centred on quality assurance as its primary objective. This approach supports preventing defects from arising initially, thereby obviating the need for costly rework. By ensuring rigorous standards of material quality and workmanship throughout the construction process, real estate projects can be executed with a defect-free outcome that adheres to strict quality standards.”

“In light of this, MahaRERA is desirous of developing a framework for quality assurance reporting. It is proposed that developers should report on the quality of materials used, workmanship, etc. on a bi-yearly basis, which shall be displayed to homebuyers for informed decision-making. In this regard, we kindly request your valuable input for the development of a Framework for Quality Assurance for Real Estate Projects in Maharashtra. Please submit your input to by the deadline of 31 October 2023, MahaRERA’s letter to the developers added.