Explained: This is how MahaRERA plans to fix leakage issues in apartments

The Maharashtra Real Estate Regulatory Authority (MahaRERA) on August 16 amended the MahaRERA Rules making it mandatory for real estate developers to submit a third party quality assurance certificate to the regulatory authority at the end of every fiscal and publish it on their respective websites.
The amendment proposes appointing third-party agencies to determine the quality of construction before giving possession to homebuyers. In the consultation paper, the MahaRERA has advocated Third Party Quality Monitoring that aims to guarantee construction quality right from the start, rather than addressing costly, time-consuming, and distressing defects after the handover.
The Quality Assurance Certificate seeks to take into account factors such as the overall construction process, structural concepts, stability, tests, materials used in the project, and the skill levels of the workforce involved in the project.
Real estate developers will also have to declare that there are leakages in apartments. It should be noted that MahaRERA has received maximum complaints with regard to leakage in buildings.
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“Leakage in apartments is a major concern and speaks volumes about the quality of construction in a building,” said a MahaRERA official.
The MahaRERA has mandated developers to self-certify and make the document available on their website. Since the details will be publicly available and concern real estate developers’ reputation, they will be forced to adopt the best construction practices. MahaRERA is of the view that this will make developers more accountable and homebuyers will eventually benefit in terms of better quality of apartments.
“The water to be utilized should be tested to ensure it is suitable for construction. A record of these should be maintained at the project site. Records of critical works such as electrical, water supply, drainage works carried out under the supervision of registered contractors and supervisors should be maintained. The documents should also state that adequate safety measures were taken to prevent any leakages and dampness of the walls,” according to MahaRERA.
Real estate developers will now have to certify that soil testing was conducted prior to finalizing the structural design, giving an undertaking regarding stability of the ground where the project has been constructed.
They will have to declare that a structural engineer was appointed for the project. They will have to maintain records with regard to the project site and declare that periodic tests were undertaken by the project engineer for quality control.
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Developers will now have to make provision for an on-site testing facility to check the quality of construction material. In case of high-rises, they will now have to declare that the building is earthquake-resistant. They will also have to put in place flood prevention measures among others.
The certificate must also contain information on materials utilized for the project such as concrete, cement, steel, iron, electrical cables, plumbing, fixtures. Developers will now have to declare that the construction materials meet the standards set by the Bureau of Indian Standards/ Indian Standard/National Building Code.
Ajoy Mehta, chairman of MahaRERA in September 2023, had told reporters that MahaRERA had received several complaints from homebuyers over the quality of construction.
“Some homebuyers say that they have received possession on time, but the quality of the house is not up to mark.. We have, therefore, decided that we will not wait for the plaster to fall. When we ask whether there is a (quality) standard for finished real estate projects, the answer is no. We are working on it and there will be a discussion paper soon,” Mehta had said.
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Under the RERA Act, the defect liability period is for a period of five years from the date of possession. This essentially means that for five years after possession is handed over to the homebuyer, the developer is liable for any defect that might be reported.
MahaRERA aims to regulate the quality of construction to avoid complaints in the future.
“Today, the emphasis on quality is maintained across all sectors. The housing sector is no exception. Nevertheless, quality in this sector remains a topic of discussion and concern. MahaRERA aims to raise the construction benchmark and to ensure that provisions of defect liability period eventually become irrelevant. Since December, MahaRERA has been working to establish preliminary parameters to ensure improvement in construction quality,” said Mehta.
According to real estate developers, this measure is unlikely to increase the cost of projects drastically.
“It will increase the project cost, but the increase will not be that significant that it will pinch the pockets of homebuyers. It will not force developers to pass on additional cost to homebuyers,” said Hitesh Thakkar, vice-president, NAREDCO West and partner of Prem Group.
“At most this will involve bringing on board third party auditors who will charge developers on a per sq ft basis, but this will not be a significant cost for the developer,” Thakkar added.
“This move by MahaRERA reflects the growing emphasis on quality and trust within the real estate industry. By mandating quality assurance certificates, we are making a significant stride towards ensuring that every project meets the expectations of homebuyers,” said Dominic Romell, President, CREDAI-MCHI, the apex body of real estate developers in Maharashtra.
“This initiative by MahaRERA is a significant step towards fostering greater accountability and trust within the real estate sector, ultimately benefiting homebuyers. By making the Quality Assurance Certificate readily accessible, homebuyers will be empowered to assess the quality of a project, compare it against industry standards, and align it with the pricing—enabling them to make more informed decisions,” said Jayesh Rathod, Director, The Guardians Real Estate Advisory.