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MahaRERA introduces mandatory quality certification for developers to protect homebuyers

Synopsis

MahaRERA has ordered that developers in Maharashtra submit a 'Quality Assurance Certificate' annually and publish it on their websites. This certificate will cover key aspects such as structural design, material quality, and safety measures. The move, enforced through the MahaRERA General (Amendment) Regulations, 2024, aims to enhance construction standards and developer accountability. By ensuring rigorous quality control and transparency, MahaRERA seeks to reduce the need for defect repairs and improve overall housing quality for homebuyers.

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To ensure homebuyers receive high-quality residences and do not need to chase developers for defect repairs, the Maharashtra Real Estate Regulatory Authority (MahaRERA) now requires developers to submit a 'Quality Assurance Certificate' at the end of each financial year and publish it on their websites.

This certificate will address various factors affecting project quality, including structural design, stability, testing, material types, workforce skill levels, and fire safety measures. MahaRERA has amended the MahaRERA General Regulations, 2017, introducing the MahaRERA General (Amendment) Regulations, 2024, which have been published in the Government Gazette and are effective immediately for all developers in Maharashtra. Developers must verify the details submitted by their engineers and supervisors before making the 'Quality Assurance Certificate' public. This requirement is expected to enhance developer accountability and ensure higher construction standards.

Regarding defect liability, developers are obligated to address any deficiencies within the residences for five years from the date of possession, with complaints to be resolved within 30 days at no cost to the homebuyer. While this provision safeguards consumer interests, MahaRERA aims to prevent such issues by establishing standardised procedures and construction quality. A consultation paper was issued in December, followed by a draft circular published on April 24. After a period for feedback and consultation with experts, the framework for the mandatory 'Quality Assurance Certificate' has been finalised.

From now on, every developer must ensure quality control at each stage of their project to improve the overall condition of the structures. While developers have previously claimed that their projects excel in all aspects, there has been no standard framework or set parameters. Developers will now be required to provide annual quality assurance through MahaRERA.

Key certification aspects include whether soil testing was conducted before finalising the structural design and ground stability, whether a structural engineer was appointed, whether a record is maintained for periodic certification of quality control, and whether there is an on-site facility for testing raw materials. For multi-storey buildings, the presence of an earthquake-resistant system and flood prevention measures must also be ensured.

Materials such as concrete, cement, steel, iron, electrical cables, plumbing fixtures, and others must conform to standards set by the Bureau of Indian Standards, Indian Standards, or the National Building Code. Additionally, water used in construction should be tested, and records of testing and critical works should be maintained. This includes documentation of safety measures to prevent leaks and dampness. If independent third parties are involved in quality checks during and after construction, these details should be documented and certified. After these aspects are certified by project engineers and supervisors, the developer must verify and approve the 'Quality Assurance Certificate'. This process will significantly enhance developer responsibility and improve construction quality.

Shri Ajoy Mehta, Chairman of MahaRERA, said, "Today, the emphasis on quality is maintained across all sectors. 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 defect liability period become irrelevant." Since December, MahaRERA has been working to establish preliminary standards to ensure higher construction quality. A consultation paper was issued in December to gather input. Following this, a draft circular covering all relevant aspects was released in the last week of April for feedback. The proposal has now been finalised.

The 'Quality Assurance Certificate' focuses on detailed criteria, including the overall construction process, structural design, stability, various tests, the materials used, and the skill level of the workforce. Developers must self-certify and publish this certificate on their websites. With these details publicly available, builders will be motivated to adhere to best construction practices. MahaRERA believes this approach will improve developer accountability and ultimately provide homebuyers with better quality residences.

In conclusion, MahaRERA's new requirement for a 'Quality Assurance Certificate' marks a significant step towards elevating construction standards and ensuring homebuyers receive high-quality residences. This initiative is expected to foster greater accountability among developers and ultimately enhance the reliability and safety of new housing projects in Maharashtra.

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