Detail promised amenities, delivery date in sale agreement: MahaRERA

With a view to increasing transparency, accountability and reducing disputes, MahaRERA has made it mandatory to provide an annexure with all the details of facilities and amenities in the sale agreement

MUMBAI: Following the issuance of an order to bring in uniformity and address discrepancies in parking spaces, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has now taken a proactive step to eliminate the uncertainty surrounding promised facilities and amenities in new housing projects.

Mumbai, India - Oct. 19, 2020: Trainer Nikhil Ghodekar of Image Fitness, sanitize the Gym equipments which are to re-opened after Dussera in Maharashtra, at Grant Road in Mumbai, India, on Monday, October 19, 2020. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT Photo)

Earlier, Schedule Two of the model agreement for sale only mentioned the facilities and amenities but did not provide any details pertaining to their features and delivery date. The proposed order now makes it mandatory to specify the exact date by which these amenities and facilities will be made available to residents.

According to the order, the details of all amenities and facilities which are promised by builders in the common areas of the project such as swimming pools, badminton courts, tennis courts, table tennis courts, auditoriums, society offices, gyms and squash courts will have to be provided, along with their size and the dates on which they will be made available. It has been proposed that this information be a mandatory inclusion in the sale agreement and a non-negotiable clause like the clauses on force majeure, liability period, carpet area, conveyance, and parking before it.

“In the world of new housing projects, sale agreements often act as detailed blueprints outlining the construction process along with specifications, payment schedules, unit pricing and handover dates,” said a MahaRERA spokesperson. “However, a crucial piece of information is frequently missing: details of the promised amenities and facilities. While residents might be enticed by the vision of a swimming pool, gym or community centre, the agreement is often silent on when these facilities and amenities will become available or what their specifications are. This lack of clarity can lead to unfulfilled expectations and potential disputes in the future.”

With a view to increasing transparency, accountability and reducing disputes, MahaRERA has made it mandatory to provide an annexure with all the details of facilities and amenities in the sale agreement. This provision is also proposed as an irrevocable matter, the spokesperson said.

MahaRERA has published the draft order on its website for suggestions and objections till May 27.