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RERA Academy by EstateMakers

Maharashtra Home Buyer's Guide

Your complete legal and practical guide to buying property safely in Maharashtra - updated April 2026

9 Sections⏱️ 25 min read MahaRERA Registered
Section 01

Understanding MahaRERA - Your First Line of Protection

The Maharashtra Real Estate Regulatory Authority (MahaRERA) was established in May 2017 under the Real Estate (Regulation and Development) Act, 2016. It is one of the most active and buyer-friendly RERA authorities in India. Every registered real estate project and agent in Maharashtra falls under its supervision.

Why MahaRERA matters to you

Before MahaRERA, builders could advertise and collect money with minimal accountability. Today, every registered developer must disclose project details, maintain an escrow account for your funds, and deliver on the promised date - or compensate you under law.

What MahaRERA guarantees you

Full Transparency

Every registered project must publicly disclose land title, layout plans, approvals, timeline, and financial structure on the MahaRERA portal.

Escrow Protection

Developers must deposit 70% of all funds collected from buyers into a dedicated project escrow account. Money cannot be diverted elsewhere.

Timely Delivery

The completion date registered with MahaRERA is legally binding. Delays entitle you to interest compensation or a full refund.

Grievance Redressal

File complaints online for delays, misrepresentation, or quality issues. Adjudication orders must be passed within 60 days.

5-Year Construction Warranty

If structural defects appear within 5 years of possession, the builder must fix them at no cost to you under RERA Section 14(3).

Standard Agreements

MahaRERA prescribes a standard format for sale agreements, protecting you from unfair or one-sided clauses buried in the fine print.

Important Exception

Projects with 8 or fewer total units across all phases may be exempt from MahaRERA registration. If you're considering a small building or low-rise, always verify registration status - unregistered projects carry greater risk with fewer legal protections.

How to verify a project on MahaRERA

1

Visit the official portal

Go to maharera.maharashtra.gov.in and click on "Registration" → "Projects" in the main menu.

2

Search by name, promoter, or RERA number

Enter the project name, developer name, or the RERA registration number shown in any advertisement. All ads must display the RERA number and QR code (mandatory since 2025).

3

Review project disclosures

Check Commencement Certificate, layout plans, financial disclosure, possession date, and developer's track record including any past complaints.

4

Check the developer's registration too

Separately verify that your real estate agent/broker holds a valid MahaRERA agent registration. Nearly 19,000 agents were deregistered for non-compliance - always check.

Section 02

Before You Buy - Research Every Property Thoroughly

MahaRERA's own stage-wise guidance breaks the home-buying process into three stages: Before Buying, After Owning, and Possession. Here is what you must do in the research phase.

Legal title and approvals checklist

  • Verify legal title certificate - confirm the developer has clear, undisputed ownership of the land
  • Check Commencement Certificate (CC) from the municipal body (MCGM, PMC, NMMC, TMC, etc.)
  • Review approved layout and building plans - what's approved must match what's being built
  • Look up any litigations or encumbrances (financial or legal) on the property
  • For resale flats: obtain 7/12 Extract (especially Pune), Index II, and encumbrance certificate
  • Confirm the property is NOT in a flood-prone zone or CRZ-affected area
  • Check complaint history filed against the project on the MahaRERA portal
  • Request chain of title deeds for the last 30 years if buying a resale property

Compare the agreement before signing

MahaRERA requires developers to upload a draft agreement on the portal. Download it and compare it line-by-line with the agreement the developer gives you. Check the deviation report on the portal to understand any modifications from the model agreement. Ensure project details - survey/plot/CTS numbers, unit number, carpet area, and possession date - are correctly mentioned.

Never rely on brochures

Marketing materials are not legally binding. Only what is written in your registered Agreement for Sale holds weight. Always verify every amenity, specification, and deadline in the agreement before signing.

Checking location and neighbourhood

  • Visit the site at different times of day - check traffic, noise, and water supply
  • Verify proximity to workplace, schools, hospitals, and metro/rail connectivity
  • Research upcoming infrastructure plans (Metro Phase expansions, new ring roads, MTHL)
  • Check for proposed commercial developments that could affect residential quality
  • For Mumbai/Thane: check flood-prone history, especially during monsoon months

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Section 03

Stamp Duty, Registration Charges & Hidden Costs

The listed price of a property is rarely the total you'll pay. Stamp duty and registration charges alone can add 6-8% to your cost. Plan for these before finalising your budget.

Stamp Duty Rates in Maharashtra (FY 2025-26)

CityMaleFemaleJointRegistration
Mumbai6%5%6.5%1% (max ₹30,000)
Pune (Urban)7%6%6.5%1% (max ₹30,000)
Thane7%6%6.5%1% (max ₹30,000)
Navi Mumbai6%5%6%1% (max ₹30,000)
Nagpur7%6% - 1% (max ₹30,000)
Semi-Urban/Rural4-5%3-4% - 1% (lower cap)

Women Buyer Benefit

Women buyers receive a 1% concession on stamp duty across all of Maharashtra. On a ₹1 crore property in Mumbai, this saves you ₹1,00,000. If you're buying jointly, registering the property primarily in a woman's name may reduce costs - consult your legal advisor.

How stamp duty is calculated

Stamp duty is calculated on the higher of two values: your agreement value or the government's Ready Reckoner (circle rate) for that locality. Even if you buy a property at ₹72 lakhs, if the government's Ready Reckoner rate for that area is ₹80 lakhs, you pay stamp duty on ₹80 lakhs.

Sample total cost for a ₹80 Lakh flat in Pune (Male buyer)

Property Agreement Value₹80,00,000
Stamp Duty (7%)₹5,60,000
Registration Charges (1%, capped)₹30,000
GST on Under-Construction (5%)₹4,00,000
Legal/Documentation fees₹20,000
Total₹90,10,000

Stamp Duty is NOT Included in Your Home Loan

Banks do not finance stamp duty or registration charges. You must arrange this amount separately as liquid cash before taking possession or registration. Budget for it upfront.

Payment methods

Online: Visit the GRAS portal at gras.mahakosh.gov.in to pay stamp duty electronically via net banking, debit card, or UPI. You'll receive a challan number that must be referenced in your registration documents.

Offline: Purchase non-judicial stamp paper from authorised vendors. Ensure you buy from a licensed stamp vendor to avoid counterfeit stamp paper.

Tax Benefit Note

Under Section 80C of the Income Tax Act (old regime), you can claim a deduction of up to ₹1.5 lakh on stamp duty and registration charges paid for a new residential property in the year of purchase.
Section 04

Agreement for Sale - Reading It Right

The registered Agreement for Sale (AFS) is the most important document in your home-buying journey. It is the only legally enforceable contract between you and the developer. Everything - from possession date to carpet area to penalty clauses - must be clearly stated here.

Key things to verify in your Agreement for Sale

  • Possession date - must match the date registered with MahaRERA
  • Carpet area - calculated as per RERA definition (excludes walls, balcony, common areas)
  • Unit number - exact flat/unit/wing number must be specified
  • Payment schedule - construction-linked milestones, not time-based demands
  • Amenities list - every promised amenity must be listed in the agreement
  • Penalty clause - what compensation applies if the builder delays possession
  • Termination conditions - under what conditions can either party exit the agreement
  • Force majeure - what qualifies as "act of God" and how it affects delivery timeline
  • Maintenance charges - clarity on who bears charges during transition and at what rate

Payment milestones under RERA

Under RERA, developers should collect payments on a construction-linked schedule - meaning you pay as building milestones are reached, not arbitrary dates. Ask for the stage-wise completion schedule and match it with your payment plan. If the developer demands time-based payments unrelated to construction progress, this is a red flag.

Advance Payment Limit

Builders cannot demand more than 10% of the total property value as advance or booking amount before a registered Agreement for Sale is executed.
Section 05

Your Rights as a Home Buyer Under MahaRERA

As an allottee (home buyer) in Maharashtra, you have legally enforceable rights under the Real Estate (Regulation and Development) Act, 2016. These rights exist regardless of what your builder's agreement says - RERA overrides any contract clause that contradicts it.

→ Right to Information

You have the right to access all project-related information including sanctioned plans, layout, specifications, stage-wise completion schedule, and any changes or modifications. The developer must disclose this on the MahaRERA portal and cannot withhold any information that affects your purchase decision.

→ Right to Standard Carpet Area

You are entitled to the exact carpet area specified in the Agreement for Sale. Under RERA, carpet area is defined as the net usable floor area within the walls, excluding external walls, service shafts, exclusive balcony, and common areas. If the actual carpet area is less than what was agreed, you are entitled to a proportional price reduction or a refund.

→ Right to Timely Possession

The developer must hand over possession on or before the date registered with MahaRERA. If there is a delay without valid reason, you are entitled to monthly interest compensation at SBI's highest MCLR rate + 2% (currently around 10-11% per annum) for every month of delay - or you can choose a full refund with interest.

→ Right to Quality Construction

Under RERA Section 14(3), the developer provides a 5-year structural warranty from the date of possession. If you discover structural defects, poor workmanship, or quality issues within this period, the developer must rectify them within 30 days at no extra cost to you. This includes waterproofing failures, structural cracks, plumbing defects, and electrical issues.

→ Right to Claim Refund or Compensation

If the developer fails to deliver possession on time, or if the project is materially different from what was promised, you can file for a full refund of all amounts paid with interest, or claim compensation for mental agony, financial loss, and damages. MahaRERA has awarded compensation in numerous cases where developers defaulted.

→ Right to File a Complaint

Any aggrieved allottee can file a complaint with MahaRERA online at maharera.maharashtra.gov.in. The complaint fee is ₹5,000 for individual complaints. MahaRERA must adjudicate complaints within 60 days. You do not need a lawyer to file - the process is designed to be accessible to individual home buyers.

Section 06

Taking Possession - What to Inspect Before You Sign

The day you take possession is your last opportunity to document any issues before they become your responsibility. Be thorough, be meticulous, and never sign the possession letter under pressure.

Documents to demand before signing possession

  • Occupancy Certificate (OC) from the municipal authority
  • Completion Certificate (CC) - confirms the building was built as per approved plan
  • Architect's certificate confirming carpet area matches the agreement
  • Share certificate of the housing society (if applicable)
  • NOC from the fire department
  • All original approval documents and plans

Physical inspection checklist

  • Check all walls for cracks, dampness, and water seepage marks
  • Test every tap, flush, and drainage point - run water for 15 minutes
  • Test every electrical switch, socket, and light point
  • Check window and door fittings - they must open and close smoothly
  • Verify that the flat layout matches the approved plan
  • Inspect common areas - lifts, staircase, parking, fire equipment
  • Check the balcony and external walls for waterproofing quality

Report Defects in Writing

If you find any defects, document them in writing with photographs and submit them to the developer before signing the possession letter. Once you sign possession without noting defects, it becomes harder (though not impossible) to claim warranty repairs. Under RERA Section 14(3), you have a 5-year structural warranty regardless.
Section 07

If Your Builder Delays or Defaults - How to Fight Back

If your developer delays possession, provides a unit different from what was promised, or violates any RERA provision, you have two primary options under law.

Option A: Stay & Claim Interest

Continue with the project and claim monthly interest compensation from the developer at SBI MCLR + 2% for every month of delay beyond the registered possession date. This interest is calculated on the total amount you've paid to the developer.

Option B: Exit & Claim Full Refund

Withdraw from the project entirely and claim a full refund of all amounts paid plus interest at SBI MCLR + 2% from the date of each payment. You may also claim compensation for mental agony and financial damages.

How to file a complaint with MahaRERA

1

Go to maharera.maharashtra.gov.in → Complaint Registration

2

Create an account or login with your existing credentials

3

Fill in your details, project RERA number, and nature of complaint

4

Upload supporting documents - Agreement for Sale, payment receipts, correspondence

5

Pay the complaint fee of ₹5,000 online and submit

Group Complaint Power

If multiple buyers in the same project are affected, you can file a group complaint. Group complaints carry more weight and are often fast-tracked by MahaRERA. Connect with other affected buyers through buyer forums or associations.

Appeal Rights

If you're not satisfied with MahaRERA's order, you can appeal to the Maharashtra Real Estate Appellate Tribunal (REAT) within 60 days. Beyond REAT, you can approach the High Court. Legal representation is recommended for appellate proceedings.
Section 08

The EstateMakers Master Checklist - Before You Commit ₹1

Due Diligence

  • Verified MahaRERA registration number on official portal
  • Checked developer's complaint history on MahaRERA
  • Verified land title and ownership documents
  • Confirmed Commencement Certificate is valid and current
  • Researched the locality - flood risk, infrastructure, connectivity
  • Compared at least 3 similar properties in the same area for pricing
  • Checked if the property falls under CRZ or any other restricted zone
  • Verified the agent's MahaRERA registration (if buying through an agent)

Agreement Stage

  • Downloaded draft agreement from MahaRERA portal and compared
  • Verified carpet area matches RERA definition
  • Confirmed possession date matches MahaRERA registered date
  • Checked penalty clause for builder delay
  • Reviewed payment schedule - must be construction-linked
  • Confirmed advance is not more than 10% before AFS registration
  • Had agreement reviewed by a property lawyer

️ Under-Construction Phase

  • Tracking construction progress on MahaRERA portal quarterly
  • Payments made only against construction milestones achieved
  • Kept all payment receipts and bank statements organized
  • Documented any communication with the developer in writing

Before Taking Possession

  • Obtained OC and CC from the developer
  • Physical inspection completed - documented all defects with photos
  • Carpet area verified by independent measurement
  • All amenities promised in the agreement are delivered
  • Stamp duty and registration charges arranged as liquid cash

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Section 09

Glossary - Terms Every Home Buyer Should Know

Carpet Area

The net usable floor area within the walls of a unit, excluding external walls, service shafts, exclusive balcony, and common areas. This is the only area that matters under RERA pricing.

Ready Reckoner Rate

The government-published minimum property rate for each locality, updated annually. Stamp duty is calculated on the higher of the Ready Reckoner rate or the actual transaction value.

Commencement Certificate (CC)

A certificate issued by the municipal authority permitting the developer to begin construction. Without a valid CC, the developer cannot legally start building or collecting money.

Occupancy Certificate (OC)

Issued by the municipal authority after construction is complete, certifying that the building is fit for occupation and complies with approved plans and safety norms.

Encumbrance Certificate

A document issued by the Sub-Registrar's office that shows all registered transactions on a property over a specified period - confirming whether the property has any outstanding loans, mortgages, or legal claims.

Agreement for Sale (AFS)

The legally binding contract between developer and buyer, registered with the Sub-Registrar. It details the unit, price, possession date, carpet area, amenities, and obligations of both parties.

MCLR

Marginal Cost of Funds Based Lending Rate - the benchmark interest rate set by banks. RERA uses SBI's highest MCLR + 2% as the standard compensation rate for builder delays.

Adjudicating Officer (AO)

A judicial officer appointed by MahaRERA to hear and decide compensation claims filed by buyers against developers or agents. AOs handle cases involving financial damages and refunds.

REAT

Real Estate Appellate Tribunal - the appellate body where MahaRERA orders can be challenged within 60 days. REAT's decisions can be further appealed in the High Court.

7/12 Extract

A land ownership document maintained by the Talathi (village revenue officer) in Maharashtra, showing the survey number, owner's name, area, crop details, and encumbrances. Essential for plots and land purchases, especially in Pune and rural areas.

GST on Property

Under-construction properties attract 5% GST (without ITC) for regular units and 1% GST for affordable housing (up to ₹45 lakhs and 60 sq.m. in metros). Completed/ready-to-move properties with OC are GST-exempt.

Force Majeure

A contract clause covering unforeseeable events (natural disasters, wars, pandemics) that prevent the developer from meeting obligations. Must be explicitly defined in the agreement - vague force majeure clauses are often contested.

Disclaimer: This guide is prepared by EstateMakers for general awareness and educational purposes only. While every effort has been made to ensure accuracy based on MahaRERA official guidelines and publicly available information, this does not constitute legal advice. Property transactions involve significant legal and financial complexity. Always consult a MahaRERA-certified agent and, for complex matters, a qualified property lawyer before making any decisions. Visit maharera.maharashtra.gov.in for official and most current information.