Developers in Maharashtra whose projects are complete and have received completion certificate (CC) and occupation certificate (OC) may advertise their projects even without the Maharashtra Real Estate Regulation Authority (MahaRERA) registered number. This is based on a suo moto case filed by MahaRERA on a Pune-based developer.
On April 1, 2023, the developer had advertised his project without the MahaRERA registration number in newspapers. MahaRERA sent a show-cause notice to the developer on April 6, 2023, for advertising without the MahaRERA project registration number. Replying to the notice on April 17, 2023, the developer mentioned that the project was completed in September 2020 and had both completion and occupation certificate. It further added that the MahaRERA registration number went missing from the advertisement due to typographical and clerical errors.
MahaRERA in an order dated April 26, 2023, ruled, “From a plain reading of the RERA Act, the developer is under obligation to mention the RERA registration number in the advertisements. However, since in this case the developer has already obtained the OC for the project before the advertisement was published, the developer is not in violation of Section 11(2) of the RERA Act.
Note that Section 11(2) of the Real Estate Regulatory Authority (RERA) Act reads, the advertisement of prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters incidental thereto.
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