Vidhi Codex

The Maharashtra Housing (Regulation and Development) Act, 2012

The Maharashtra Housing (Regulation and Development) Act, 2012

Infrastructure201256 sections

The Maharashtra Housing (Regulation and Development) Act, 2012 establishes a comprehensive legal framework to regulate the construction, sale, management, and transfer of housing flats across Maharashtra. It aims to protect home buyers by mandating strict disclosures from real estate developers (promoters), compulsory registration of housing projects on an online portal, and the mandatory execution and registration of sale agreements before taking deposits above twenty per cent. The law establishes the Housing Regulatory Authority and the Housing Appellate Tribunal to enforce developer compliance, resolve buyer disputes, oversee timely delivery, facilitate deemed conveyance of property titles, and impose financial penalties or imprisonment for non-compliance.

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  1. 1. Short title, extent and commencement.
  2. 2. Definitions.
  3. 3. Disclosures to be made by promoter.
  4. 4. Registering the project and displaying it on the website of Housing Regulatory Authority.
  5. 5. No transaction, including sale or marketing for sale, of flats in new project without registration of the project and displaying it on website of Housing Regulatory Authority.
  6. 6. Responsibility of the promoter to enter record or details on the website of Housing Regulatory Authority.
  7. 7. Cancellation of registration.
  8. 8. Issuing of advertisement or prospectus inviting advance or deposit.
  9. 9. Promoter before accepting advance payment of deposit, beyond twenty per cent., to enter into agreement and agreement to be registered.
  10. 10. Effect of non-registration of agreement.
  11. 11. Responsibilities of promoter.
  12. 12. Promoter to maintain separate account of sums taken as advance or deposit and to be trustee therefor and disburse them for purposes for which given.
  13. 13. Responsibility for payment of outgoings till property is transferred.
  14. 14. No alterations or additions without consent after plans are disclosed.
  15. 15. Defects noticed within five years to be rectified.
  16. 16. Effect of non-completion of project.
  17. 17. No mortgage, etc., to be created without consent of parties after execution of agreement for sale.
  18. 18. Promoter to take steps for formation of co-operative society, company, Apex Body or Federation.
  19. 19. Promoter to convey title, etc., and execute documents according to agreement.
  20. 20. General liabilities of flat purchaser.
  21. 21. Appointment of Competent Authority.
  22. 22. Establishment of Housing Regulatory Authority.
  23. 23. Composition of Housing Regulatory Authority.
  24. 24. Term of office of Chairperson and other Members of Housing Regulatory Authority.
  25. 25. Administrative powers of the Chairperson.
  26. 26. Removal of Chairperson and Member of Housing Regulatory Authority from office in certain circumstances.
  27. 27. Officers of Housing Regulatory Authority.
  28. 28. Meetings of Housing Regulatory Authority.
  29. 29. Functions of Housing Regulatory Authority.
  30. 30. Powers of Housing Regulatory Authority to call for information, conduct investigations, etc.
  31. 31. Powers of Housing Regulatory Authority to issue directions.
  32. 32. Power of Housing Regulatory Authority consequent upon cancellation of registration.
  33. 33. Measures to be taken by Housing Regulatory Authority for planned development and promotion of housing sector.
  34. 34. Power of Housing Regulatory Authority to regulate its own procedure.
  35. 35. Vacancies, etc., not to invalidate proceedings of Housing Regulatory Authority.
  36. 36. Establishment of Housing Appellate Tribunal.
  37. 37. Term of office of Chairperson and Members and service conditions.
  38. 38. Removal of Chairperson and Member of Housing Appellate Tribunal from office in certain circumstances.
  39. 39. Officers of Housing Appellate Tribunal.
  40. 40. Appeals to Housing Appellate Tribunal.
  41. 41. Powers and functions of Housing Appellate Tribunal.
  42. 42. Appeal to High Court.
  43. 43. Order passed by Housing Appellate Tribunal to be executable as a decree.
  44. 44. Penalty for contravention of section 4.
  45. 45. Penalty for contravention of sections 6, 16 or 17.
  46. 46. Penalty for non-payment by the allottee or flat or unit purchaser or organization.
  47. 47. Penalty for non-compliance of orders or directions of Housing Regulatory Authority or Housing Appellate Tribunal.
  48. 48. Penalty for contravention of other provisions of this Act or rules made thereunder.
  49. 49. Penalty for non-compliance by promoters.
  50. 50. Miscellaneous provisions with respect to Competent Authority, Housing Regulatory Authority or Housing Appellate Tribunal.
  51. 51. Power to make rules.
  52. 52. Power to make regulations.
  53. 53. Act to be in addition to Transfer of Property Act, 1882 and to override contract to the contrary.
  54. 54. Act not to apply to certain Authority and Boards.
  55. 55. Removal of difficulty.
  56. 56. Repeal and savings.

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