RERA Older Project Compliance Maharashtra: Ensuring Amenities and Legal Rights in Extended Projects
If you bought a flat in an “older project” in Maharashtra and are still waiting for that promised swimming pool, clubhouse, or proper parking, you’re not alone. With delays, extensions, and the RERA retrospective application, many such projects now fall under the law even if they started before 2017. What does this mean for you? It means RERA older project compliance Maharashtra gives you the right to demand what was promised.
This article simplifies what RERA means for older or extended real estate projects, your legal rights, and how to act against non-compliant developers.
Understanding RERA’s Reach: Extended Projects and Retrospective Application RERA older project compliance Maharashtra
The Real Estate (Regulation and Development) Act, 2016 (RERA) brought long-awaited transparency and accountability to India’s housing sector. In Maharashtra, the Act is implemented through MahaRERA. The law initially targeted new projects, but now it retrospectively applies to older projects that didn’t have an Occupation Certificate (OC) or Completion Certificate (CC) as of May 1, 2017.
Under Section 3 of RERA, all projects lacking OC or CC must register with MahaRERA before any sale or marketing. This includes delayed and extended projects that were launched much earlier but are still incomplete. If a builder has sought an extension or re-registered the project, then all promises including amenities become legally binding under RERA older project compliance Maharashtra.
1. Why Amenities Matter in Older Projects
When you book a flat, you don’t just buy a space you buy a lifestyle. But what happens when the gym, garden, or clubhouse promised in glossy brochures never appears? Pre-RERA, this was common. Post-RERA, especially with extended RERA project amenities, you now have enforceable legal rights.
- The MahaRERA Circular 57/2024 mandates clear disclosure of:
- Type of amenities
- Their location in the project
- Timeline for delivery
These norms aim to end ambiguity and ensure RERA older project compliance Maharashtra is not just on paper but in execution.
2. Common Issues Faced by Buyers in Extended or Older Projects
- Non-Delivery or Incomplete Amenities
Builders delay or skip constructing advertised amenities clubhouses, gardens, sports facilities causing buyer dissatisfaction and legal disputes. - Altered or Downgraded Specifications
Some developers reduce quality or shift the location of facilities (e.g., replacing a gym with a storeroom), violating buyers’ trust and legal rights. - No Clear Timelines or Updates
Projects under extended RERA project amenities often lack updated delivery schedules. Buyers remain in the dark without legal awareness.
Real Case: In a 2022 MahaRERA order, a Mumbai builder was directed to refund a portion of the buyer’s amount for failing to deliver promised amenities under a 2019 sale agreement. This decision reinforced RERA retrospective application even for long-delayed projects.
3. Legal Provisions You Should Know
- Section 3: Mandatory project registration for ongoing or delayed developments
- Section 5 & 6: Permit registration and extension under force majeure or with 2/3rd buyer consent
- Section 14(2): Prevents any change to layout, amenities, or common areas without buyer consent
- Section 18: Enables compensation or refund for delay in possession or missing facilities
- Section 31: Allows complaints to be filed directly with MahaRERA
4. How to Ensure RERA Older Project Compliance Maharashtra
Step 1: Verify RERA Registration
Check if your project is registered If it lacked OC/CC by May 1, 2017, it should be covered under RERA older project compliance Maharashtra.
Step 2: Examine Project Disclosures
Read the detailed disclosures submitted by the developer. Focus on promised amenities, timelines, and their current status.
Step 3: Document Everything
Gather the Agreement for Sale, brochures, floor plans, email communications, and any written promises related to amenities.
Step 4: Communicate with Developer
Send written notices highlighting gaps or delays. Reference MahaRERA registration details and original promotional material.
Step 5: File a MahaRERA Complaint
If the builder fails to resolve the issue, file a formal complaint online. MahaRERA can direct the builder to complete amenities, offer compensation, or even refund amounts with interest.
5. Legal Advice: What to Avoid and When to Act
- Avoid vague agreements: Ensure your Agreement for Sale clearly lists each amenity with specifications and delivery timelines.
- Avoid verbal promises: Only documented offers hold legal value under RERA retrospective application.
- Don’t delay legal action: RERA has specific timelines. Act quickly.
- Don’t accept informal settlements: Developers may offer private settlements avoid them without legal review.
When to Seek Help:
If amenities are missing, delayed, or altered, consult a qualified RERA lawyer in Maharashtra. They can help you navigate the process, file a robust complaint, and ensure RERA older project compliance Maharashtra is enforced for your benefit.
Takeaway: Your Legal Rights Are Stronger Than Ever
The enforcement of RERA older project compliance Maharashtra ensures that even if your project began years ago, your rights to promised amenities are legally protected. Thanks to extended RERA project amenities regulations and retrospective application of RERA, builders can no longer escape accountability.
Be proactive. Be informed. And most importantly, don’t hesitate to take legal action when needed.
Conclusion:
RERA older project compliance Maharashtra offers crucial protection to homebuyers in delayed or extended projects. With its retrospective application, you can now legally demand promised amenities, transparency, and timely delivery. Know your rights, act promptly, and use RERA to secure the home and lifestyle you were promised.
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.
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