The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a new directive that will require developers to specify deadlines for delivering facilities and amenities in housing projects. This move addresses the frequent issue of uncertainty regarding when promised amenities, such as swimming pools, gyms, and clubhouses, will actually be available to residents.

Effective immediately, MahaRERA mandates that developers include a proposed date of delivery for these amenities in Annexure-I of the Agreement for Sale. This annexure will now be a mandatory part of the Agreement for Sale document, which is registered with the government. The inclusion of this provision is intended to hold developers accountable and ensure that they meet their commitments to homebuyers. The list of amenities covered under this regulation includes, but is not limited to, swimming pools, tennis courts, badminton courts, theatres, clubhouses, gymnasiums, table tennis areas, squash courts, giant chess areas, gardens, senior citizen zones, jogging tracks, and children's play areas.

For large projects that are developed in multiple phases, developers must provide phase-wise and date-specific information about the availability of these amenities. This will ensure that residents in earlier phases are not left waiting indefinitely for promised facilities. The new provision is non-negotiable, meaning that developers cannot alter these deadlines without valid reasons and approval from MahaRERA.

In cases where developers need to make major revisions or changes to the specified facilities or their locations, they must obtain approval from MahaRERA. Any changes regarding the location or number of facilities will also require the consent of two-thirds of the residents. This regulation ensures that developers cannot make unilateral changes without proper authorisation and resident approval.

Previously registered Agreements for Sale will continue to be non-negotiable with regards to multiple provisions that have larger ramifications. These include the force majeure clause, defect liability period to protect the rights of the homebuyers in case of subpar or faulty construction, carpet area of the apartment, Conveyance Deed, Allotment letter, and Parking provisions. Additionally, from now on, it will be mandatory to provide a comprehensive detail of the facilities and amenities in Schedule-II of the Agreement for Sale.

The new regulations also stipulate that any significant changes or corrections to the facilities and amenities, including relocation or major alterations, must be approved by MahaRERA. Without such approval, any changes will be considered invalid and illegal. Moreover, developers must seek the consent of two-thirds of the residents if changes affect the location and number of families or amenities.

MahaRERA had published a draft order in April, inviting suggestions and feedback from stakeholders until May 27. Based on the feedback received, the final order includes several new aspects. It is now mandatory to provide details of the expected date of the Occupancy Certificate (OC) for the project, the size of the facilities and amenities, whether they are part of the project or acquired, and if they are free of Floor Space Index (FSI) restrictions according to local planning regulations.

The updated Annexure-I must include details about whether the proposed facilities and amenities will be provided in the building, common areas, or the overall layout, as well as their proposed completion dates, handover dates to the society or residents association, and the expected date of the Occupancy Certificate. Additionally, details about recreational grounds, playing grounds, and types of lifts installed, including their capacity and speed, must be provided.

MahaRERA Chairman Shri Ajoy Mehta commented on the new regulations, stating, "When advertising their new housing projects, developers often promote a variety of attractive facilities and amenities alongside the actual apartments, such as a swimming pool, badminton court, tennis court, theatre, gymnasium, senior citizen area, etc. In practice, the Agreement for Sale typically includes details about the price of the apartment, construction-linked payment plan, and penalties in case of default in payment. However, there is no mention of when the proposed facilities and amenities will actually be made available. MahaRERA has observed that many homebuyers have been affected by these shortcomings and has taken a serious note of this issue. After providing all stakeholders ample opportunity to express their views, it has now been made mandatory to specify the delivery timeline of all the promised facilities and amenities in Schedule-II of the Agreement for Sale. The Schedule-II will have to provide the details comprehensively, and a model format has also been made available for the same. Any changes or modifications to these details will require MahaRERAs approval. Moreover, any changes to the location or number of facilities and amenities will require consent from two-thirds of the homebuyers.

This new directive by MahaRERA is aimed at eliminating the uncertainty that homebuyers often face regarding the availability of promised facilities. By mandating that developers provide detailed and timely information about these amenities, MahaRERA seeks to enhance transparency and ensure that developers deliver on their promises. This regulation ensures that developers are held to the same standards for amenities as they are for the delivery of apartments, thereby protecting homebuyers' investments and improving the overall real estate transaction process.