Mumbai, 20th August 2024: To ensure that homebuyers receive improved quality residences and do not have to chase the developer to get the defects repaired, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has made it mandatory for the developer to present a ‘Quality Assurance Certificate’ to MahaRERA at the end of every financial year and publish it on their respective websites. This certificate will be based on various factors that determine the quality of the project, including the project’s structural design, stability, various tests, the types of materials used, and the skill level of the workforce involved, fire safety and fire resistance measures, etc. For this purpose, MahaRERA has amended the MahaRERA General Regulations, 2017, and introduced the MahaRERA General (Amendment) Regulations, 2024. The latest amendment was published in the Government Gazette. This is applicable to all developers in Maharashtra with immediate effect. On submission of details by the project’s engineers and supervisors, the developer is expected to verify the details before making the ‘Quality Assurance Certificate’ public. This move is expected to increase developer’s accountability and ensure that homebuyers receive better-constructed homes. As per the provisions with regard to the defect liability period, a developer is obliged to rectify any deficiency in the residences for a period of five years from the date of possession. Every complaint has to be attended to within 30 days without any cost to the homebuyer. While this provision protects consumer interests, MahaRERA is of the firm view that a situation should ideally never arise. Therefore, to establish standardised procedures and construction quality, MahaRERA issued a consultation paper on the same in December. Based on the response received, a draft circular with detailed provisions was published on April 24 this year. Thereafter, the draft was open for suggestions and feedback until May 23. After reviewing the responses, various experts were consulted from the real estate and relevant sectors to finalise the framework for ‘Quality Assurance Certificate’, which is mandatory and binding on all developers. MahaRera New Format of Form 2A Henceforth, every developer will have to ensure quality control at each of the project’s stages, as this will improve a structure’s overall condition. While every developer claims that their project is best on all aspects, so far, a standard framework or parameters has been missing. Hereon, developers will be required to provide such assurance to their purchasers through MahaRERA on an annual basis. Some of the key aspects for certification includes – Was soil testing conducted prior to finalising structural design and stability of the ground where the project will be constructed? Was a structural engineer appointed for the project? Is a record maintained at the project site to allow periodic certification by the project’s engineer for quality control of works? Is there a testing facility available on-site to check raw material’s quality? In case of a multi-story building, is an earthquake-resistant system in place? Is there a requirement for flood prevention measures?, among others. Additionally, it must be ensured that the materials utilised such as concrete, cement, steel, iron, electrical cables, plumbing, fixtures, etc. conform to the standards as set by Bureau of Indian Standards/ Indian Standard/ National Building Code. Also the water to be utilised should be tested to ensure it is suitable for construction purposes. A record of these should be maintained at the project site. There should also be due diligence and records documented for critical works such as electrical, water supply, drainage, etc. carried out under the supervision of registered contractors and supervisors. The documents should also state that adequate safety measures were taken to prevent any leakages and dampness of the walls. In case if there is involvement of independent third parties towards project’s quality checks during and post construction phases, details of the same should also be documented and certified. After certifying all of these aspects by the project’s engineers and supervisors, the onus is on the developer to verify the information provided and give his stamp of approval to the ‘Quality Assurance Certificate’. This will significantly enhance the developer’s responsibility and the project’s construction quality. MahaRERA Chairman Ajoy Mehta said, “Today, the emphasis on quality is maintained across all sectors. The housing sector is no exception. Nevertheless, quality in this sector remains a topic of ongoing discussion and concern. MahaRERA’s effort is to raise the construction benchmark to make the provisions of the defect liability period become irrelevant. Since December, MahaRERA has been working to establish preliminary parameters to ensure that constructions are of better quality. A consultation paper was also issued in December. Considering the ambit and importance of the subject, a draft circular discussing all aspects of the matter was issued in April last week for opinions and suggestions. Now, the proposal has been given a final shape. In terms of construction quality, the ‘Quality Assurance Certificate’ is based on detailed criteria regarding important factors such as the overall construction process, structural concepts, stability, various tests, the materials used in the project, and the skill level of the workforce involved in the project. The developer has to self-certify and make it available on their website. Since the details will be publicly available and involve the builder’s credibility, they will adopt best construction practices. MahaRERA is of the view that this will enhance developers’ accountability and homebuyers will eventually benefit in getting better quality residences.”
