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Maharashtra RERA Law and Practice DECEMBER 2023 by Ramesh S. Prabhu and Vinay Thyagaraj, Taxmann

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  • General Information  
    Author(s)Ramesh S. Prabhu and Vinay Thyagaraj
    Edition2nd edition
    Publish YearDecember 2023


    Taxmann Maharashtra RERA Law and Practice DECEMBER 2023 by Ramesh S. Prabhu and Vinay Thyagaraj

    This book provides an exhaustive analysis of the Real Estate (Regulation and Development) Act (RERA), 2016, discussing its multifaceted impact on the real estate sector. It thoroughly examines RERA's legal, professional, and practical dimensions and associated regulations, catering to various stakeholders. Organised into multiple sections, each part of the book focuses on distinct elements and viewpoints relevant to real estate regulation, ensuring a comprehensive understanding.

    This book incorporates the perspectives of the following stakeholders:

    General Section (Applicable to All Stakeholders)
    Real Estate Agents
    Allottees and Association of Allottees
    Professional Perspective including CAs, Advocates, Engineers, Architects
    The Present Publication is the 2nd Edition, authored by the study group of industry experts & representatives from all stakeholders. It is edited by CA. Ramesh S. Prabhu & co-edited by CA. Vinay Thyagaraj, with the following noteworthy features:

    [Content and Structure of the Manual] The manual covers various practice areas like registration, certification, and litigation, catering to different stakeholders. It includes legal provisions, SOPs, FAQs, and judicial rulings
    [Inclusion of Peripheral Subjects] Beyond RERA provisions, the manual also addresses related areas like
    Income Tax
    Stamp Duty
    Insolvency and Bankruptcy
    Other Relevant Laws
    [Practice Manual for Practitioners and Professionals] The manual serves as a guide for new entrants and a reference for seasoned real estate practitioners, covering legal aspects and including various formats and drafts
    [Limitations and Challenges] The manual acknowledges the limitations in applying a uniform approach to practice and non-practice-oriented topics, aiming to elevate the standards of beginners and intermediate practitioners
    [Professional Application and Compliance] It emphasises the need for Chartered Accountants and professionals to apply their knowledge creatively while adhering to RERA's objectives and client needs
    [Dynamic Nature of RERA and Legal Changes] The manual incorporates the evolving nature of RERA, legal pronouncements, and building regulations
    The detailed contents of the book are as follows:

    General – Applicable to all Stakeholders
    Overview of RERA, 2016
    Journey & Implementation of RERA & Important Circulars of MahaRERA from Inception till December 2023
    Objective and Purpose of RERA
    Real Estate Sector Deficiencies Addressed by RERA
    The Authorities to Implement the Act
    Powers and Functions of the Real Estate Regulatory Authority
    Powers and Functions of Adjudicating Officers
    Central Advisory Council – Establishment and Functions
    Real Estate Appellate Tribunal and its Functions and Powers
    Promoter – From the Promoters Perspective
    Promoter under RERA
    Functions and Duties of Promoter
    Registration of Real Estate Project – Legal Framework
    Documents Required and the Process of Registration
    Operation of RERA Designated Bank Account
    Financial Planning for Real Estate Projects
    Quarterly Progress Report (QPR) to be done by the Promoters
    Procedure to Extend the Period of the Registration
    Procedure for Amendment or Modification in the Sanctioned Plans
    Transfer of Real Estate Project to Third Party
    The Transfer of Title
    Force Majeure and COVID Impact on Real Estate Sector
    Advertising and Marketing Post RERA
    Importance of End Date/Completion Date and Date of Possession under RERA
    Change in Process and Procedure of Real Estate Business post-RERA
    Car Parking Space and MahaRERA Circular
    RERA Compliance Report by Chartered Accountant
    De-Registration of the Project
    Gradation of Real Estate Projects
    Agent – From the Real Estate Agent Perspective
    Registration of Estate Agents Legal Framework
    Process to Obtain Registration for Real Estate Agent
    Functions of Real Estate Agent
    Impact of RERA on Estate Agents
    Changing Business Landscape for REALTORS Post RERA
    Training and Certification for Real Estate Agents
    Self Regulatory Organisation for Real Estate Agents.
    Anti-Money-laundering, Countering the Financing of Terrorism and Combating Proliferation Financing Guidelines for Real Estate Agents, 2023
    Allottees – From the Allottees and the Association of Allottees Perspective
    Revocation of Registration of the Project
    Stalled Real Estate Projects and Revival
    Alternative Investment Fund for Real Estate, including SWAMIH Funds
    Rights and Duties of Allottees
    Association of Allottees
    Remedies for Conveyance and Deemed Conveyance
    Allottee Due Diligence Before Purchasing Property
    Professional – From a Professional Perspective for CAs, Advocates, Engineers, Architects
    Title Certificate
    Allotment Letter, Agreement for Sale and Sale Deed
    Role and Responsibilities of Architect under RERA
    The Roles & Responsibilities of a Civil Engineer and Issue of FORM 2 under RERA
    Quality Assurance and Defect Liability under RERA
    Certificate in Form 3 By Chartered Accountant
    Audit by Chartered Accountant under MahaRERA (Form No. 5)
    Guidance Note on Accounting for Real Estate Transactions (Revised 2012) and Revenue from Contracts with Customers (Ind AS-115)
    Key Audit Challenges – Real Estate Sector
    Real Estate Collaborations & Significance of Corporate Due Diligence
    Redressal – Redressal System: Complaint, Appeal, Second Appeal, Conciliation
    Source (Complaints Against Unregistered Projects for Registration)
    Complaint Filing and its Procedure
    Process of an Inquiry by the Authority or Adjudication Officer
    Appeals under RERA
    Second Appeal before the High Court
    Execution of orders of MahaRERA and Adjudicating Officer
    Execution of a Decree under the Code of Civil Procedure, 1908
    Complaints by the Association of Allottees
    Offences and Penalties
    MahaRERA Conciliation and Dispute Resolution Forum
    MahaRERA Conciliation Forum Role Model of ADR in the Real Estate Sector
    Establishing of a Home Buyer/Allottee Grievance Redressal Cell
    Income Tax, GST – Taxation: Income Tax, GST, Stamp Duty and Registration
    Income tax Applicable on Real Estate Transactions
    Overview of GST Implications for the Real Estate Sector
    Stamp Duty and Registration
    Allied Laws – Other Allied Laws like MRTP, DCPR, IBC, Consumer Protection, etc.
    Real Estate Laws of India
    Salient Features of Maharashtra Ownership Flats Act, 1963 ('MOFA')
    Comparison between MOFA and RERA
    Overview of Maharashtra Apartment Ownership Act, 1970
    Development Control Regulations and MahaRERA
    Consumer Protection and RERA – Best Recourse to Allottees
    Draft Format/Specimen of Consumer Complaint
    Landmark Judgments of the Consumer Courts
    Insolvency Resolution Process in Real Estate
    Interplay of PMLA, Benami, FEMA with RERA
    Miscellaneous – Topics Related to Real Estate Rulings & Redevelopment
    Constitutional Validity of RERA
    Analysis of Judgments
    Redevelopment and RERA

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