Maharashtra Stops Registration of Unauthorised Flats

The Maharashtra government has stopped the registration of property documents for unauthorised buildings and flats that violate approved building plans.

The decision aims to protect homebuyers and curb illegal construction across the state.

The rules address several issues, including buildings constructed without required permissions, planning violations and flats sold with areas exceeding those approved by the authorities.

The government has reported such irregularities in areas including Mumbai Metropolitan Region, Thane, Pune, Pimpri-Chinchwad, Haveli, Mulshi and Nagpur.

What Has Changed for Property Registration?

Under the new rules, registration officials must verify the required documents before registering eligible property transactions.

The requirements depend on whether the project falls under MahaRERA registration rules.

For first-sale flats, the required documents include:

• MahaRERA-registered projects: The registration certificate or occupancy certificate and the approved building plan.
• Projects exempt from MahaRERA registration: The commencement certificate, approved building plan, zoning certificate and measurement plan.

These documents help officials check whether a property complies with the applicable building approvals and planning regulations.

When Can a Flat Registration Be Rejected?

Registration can be stopped in cases involving unauthorised construction or violations of approved plans. The government resolution identifies the following concerns:

• Unauthorised buildings: Properties that violate applicable planning rules cannot be sold directly under the stated provisions.
• Excess flat area: Registration officials cannot register a transaction if the flat area mentioned in the documents exceeds the area approved in the building plan.
• Planning violations: Buildings that violate the Unified Development Control and Promotion Regulations (UDCPR), Development Plan or Regional Plan must meet the applicable legal requirements.
• Buildings requiring regularisation: Unauthorised buildings must be regularised wherever legally permissible. Buildings that cannot be regularised may face demolition.

Action Against Officials Who Ignore the Rules

The government has warned that sub-registrars who knowingly register documents linked to unauthorised construction may face departmental inquiries.

Chief Minister Devendra Fadnavis asked Revenue Minister Chandrashekhar Bawankule to address the reported irregularities.

A government resolution was subsequently issued, directing sub-registrars to follow the new requirements.

Bawankule said the move aims to protect buyers who purchase flats in good faith but later discover that their properties are unauthorised.

Also Read: MahaRERA Directs Godrej to Refund Homebuyers in Raj Kapoor Project

Homebuyer Checklist: What to Verify Before Buying

Before paying for a property or signing a sale agreement, homebuyers should check the following:

• Verify the approved building plan and confirm that the flat's area matches the approved details.
• Check the project's MahaRERA registration status, where applicable.
• Ask for the required commencement certificate or occupancy certificate, depending on the project's status and applicable rules.
• Confirm the zoning and measurement details where required.
• Seek clarification from the relevant authority if any document, approval or property detail does not match.

These checks can help buyers identify potential compliance issues before completing a transaction.

Also Read: MahaRERA Orders Broker to Share 1% Brokerage With Homebuyer

What This Means for Maharashtra's Property Market

The decision introduces stricter checks for property registration involving unauthorised buildings and flats that breach approved plans.

It also places greater emphasis on verifying property documents before registration.

For homebuyers, the key takeaway is to confirm the legal status of a property and review its approved plans before committing money.

Requirements may vary depending on the project and its applicable approvals, so buyers should verify their specific case with the relevant authority.

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