The Maharashtra Real Estate Regulatory Authority (MahaRERA) has made it mandatory for the developers 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 structural design, stability, some tests, the types of materials used, the skill level of the workforce involved, fire safety and fire resistance measures, etc.
On submission of details by the project’s engineers and supervisors, the developer is expected to verify the details and sign the same before making it public. This move is expected to increase developer’s accountability and ensure that homebuyers receive better-constructed homes.
For this purpose, MahaRERA has amended the MahaRERA General Regulations, 2017, and introduced the MahaRERA General (Amendment) Regulations, 2024 which has been published in the Government Gazette. This applies to all developers in Maharashtra with immediate effect.
“Today, the emphasis on quality is maintained across all sectors and 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,” MahaRERA Chairman Ajoy Mehta said.
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“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. 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 developer’s accountability and homebuyers will eventually benefit in getting better quality residences,” he added.
President of NAREDCO and Chairman, of Hiranandani Group, Dr Niranjan Hiranandani said, “MahaRERA's decision to mandate a Quality Assurance Certificate for projects at the end of each financial year is a pragmatic move that will elevate industry standards. This initiative aligns with our long-standing commitment to quality and transparency, ensuring that homebuyers can make informed decisions with confidence. It also provides a valuable framework for developers to reinforce their dedication to excellence. By fostering accountability and trust, this policy creates a win-win scenario for both developers and homebuyers, strengthening the foundation of our industry."
As per the provisions about 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 the ‘Quality Assurance Certificate’, which is mandatory and binding on all developers.
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 the 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 of the involvement of any independent third party towards the project’s quality checks during and post-construction phases, details of the same should also be documented and certified. Post 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.
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