Builders Retaining Control of Common Areas? Understand Your RERA Common Area Transfer Maharashtra Rights

Are you living in a flat but still unable to access your society’s clubhouse, parking area, or essential facilities? In Maharashtra, many housing societies struggle due to the builder’s refusal or delay in handing over shared amenities. This is not just unfair it’s against the law. Thanks to the RERA common area transfer Maharashtra regulations, builders are legally obligated to transfer all common areas and facilities to the society within strict timelines.

In this guide, Tigde Law Firm simplifies the legal process and your rights under RERA common area transfer Maharashtra.

Legal Framework: RERA Rules for Builder Handover Common Areas in RERA Common Area Transfer Maharashtra

Under the Real Estate (Regulation and Development) Act, 2016 (RERA), applicable across India and strictly enforced by MahaRERA in Maharashtra, builders are required to complete the builder handover common areas to housing societies.

• Important Legal Provisions

1. Section 17(1): Promoter must execute a registered conveyance deed transferring land, building, and common areas to the society within three months of obtaining the Occupancy Certificate (OC).
2. Section 17(2): Builder must hand over physical possession of common areas and essential documents within 30 days of the OC issuance.
3. Section 11(4)(e): Builder must assist in forming a cooperative society or association within three months of 51% of flats being sold.
4. Section 2(n): Clearly defines “common areas” to include lifts, staircases, parks, basements, corridors, amenities like clubhouses, and shared installations.

These provisions empower every housing society to demand their RERA common area transfer Maharashtra rights.

2. What Constitutes Society Common Facility Transfer?

A proper society common facility transfer should include:

• Title documents of the property
• Sanctioned layout plans and approvals
• Occupancy Certificate and Completion Certificate
• Clubhouse, gym, swimming pool, parking areas
• Electrical and water infrastructure
• Maintenance agreements and vendor contracts
• Handover of maintenance corpus funds
• Utility connections and service agreements

Without these, a housing society cannot independently manage its property.

3. Common Problems Housing Societies Face

• Delays in Conveyance Deed Execution: Builders often delay registering the conveyance deed, preventing legal ownership transfer.
• Partial or Incomplete Handover: Amenities like parking, gyms, or clubhouses remain under builder control long after flats are sold.
• Non-Submission of Maintenance Records: Builders refuse to hand over maintenance funds, vendor contracts, and service records.
• Defective or Incomplete Amenities: Builders hand over incomplete facilities, with missing gym equipment, non-operational lifts, or incomplete parking spaces.
• Unregistered Societies: Without forming a cooperative society, residents cannot legally demand their rights.

4. Steps for Smooth RERA Common Area Transfer Maharashtra

• Register the Housing Society Promptly

Without a registered society, residents have no legal standing to claim builder handover common areas. The builder is legally required to help form the society once 51% of the flats are sold.

• Issue Legal Notice to the Builder

Send a formal legal notice citing Section 17 of RERA, demanding:

1. Execution of conveyance deed
2. Physical handover of common areas
3. Handover of all necessary documentation

• Conduct a Joint Physical Audit

Before signing any handover documents, inspect:

1. Physical condition of common amenities
2. Structural quality and maintenance status
3. Availability of promised facilities like clubhouses and swimming pools

Document everything with photographs and written reports.

• Collect and Verify Maintenance Documents

Demand handover of:

1. Electrical, plumbing, lift, and generator service agreements
2. Maintenance corpus fund statements
3. Vendor contracts for security, housekeeping, and maintenance

• Approach MahaRERA for Non-Compliance

If the builder delays or refuses:

1. File a complaint under Section 31 of RERA on MahaRERA portal
2. MahaRERA can impose penalties up to 5% of project cost
3. Seek directions for immediate RERA common area transfer Maharashtra

• Apply for Deemed Conveyance

If the builder does not execute the conveyance deed within three months after OC:

1. Apply for deemed conveyance under the Maharashtra Ownership Flats Act (MOFA)
2. District Deputy Registrar has powers to transfer title in favour of your society

5. Legal Remedies: Enforce Your Builder Handover Common Areas Rights

• MahaRERA Complaint: File online for delay in handover, incomplete amenities, or missing documents
• Consumer Forum Complaint: For cases involving deficiency in services or defective amenities
• Civil Court: For complex property title disputes or where RERA reliefs are insufficient
• High Court Writ Petition: In urgent or serious cases where statutory authorities fail to act

Practical Tips and Things to Avoid

• Do NOT accept informal handovers without proper documentation
• Never accept partial or selective handover of amenities
• Do NOT delay forming your cooperative society
• Never sign final handover documents until all amenities are physically verified and operational
• Do NOT ignore the 3-month (for conveyance) and 30-day (for document handover) deadlines post-OC
• Engage professional legal help for drafting notices, reviewing builder documents, and pursuing complaints

Conclusion / Takeaway

RERA common area transfer Maharashtra ensures that every housing society gains rightful control over its common facilities. Builders must complete the builder handover of common areas and ensure a smooth society common facility transfer. Housing societies in Maharashtra should act proactively, follow the legal steps, and consult expert lawyers to protect their collective interests.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws may vary based on specific circumstances. Readers are advised to consult a qualified legal professional before acting on any information herein. Tigde Law Firm is not responsible for any actions taken based on this article without legal consultation.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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