Context :
Reveal
mortgage status of Housing projects, Maharashtra builders told /
Eco Times / 08 Nov 2021
Extract :
The Maharashtra Real
Estate Regulatory Authority (MahaRERA) has directed all real estate developers
in the state to declare the security
interests created by them on the projects registered with the authority.
The move is aimed at improving transparency and alerting
prospective homebuyers about any mortgage or loans taken by the developer against the apartments they
are about to buy - or the project itself.
The MahaRERA has now
made it clear that homebuyers and allottees also need to be aware of
such security interest created on real estate projects and apartments that they
are interested in buying.
Many times, homebuyers
purchase a property without the knowledge of the mortgage or loan status of the
property and this later results in litigations and legal complexities.
If the developer has
availed of a loan by mortgaging inventory or a few apartments and is not able to
repay, banks would take charge of the property to recover their dues and this would affect the homebuyer.
These situations can
be avoided with the new directive by
the authority, as Cersai has the records of all properties against which loans
have been sanctioned.
Realty developers will
now have to submit a report from Cersai on security interests created in the
real estate project along with the encumbrances certificate while registering the project with the
authority.
In case no
security interest has been created, the developer needs to provide an undertaking confirming the same. The developer is also expected to submit the
Cersai report when it makes changes to the security interests created.
According to the MahaRERA, the Cersai reports submitted need to be generated
within 10 days before the date of submission.
MY TAKE :
6 YEARS ago, I sent following email to our Policy Makers / MahaReRa authorities :
SELF CERTIFICATION FOR BUILDERS ? ……………………[ 04 Nov 2015 ]
Extract :
The Form will have a section called :
“ SELF CERTIFICATION
/ DECLARATION
“
Builder would be required to tick YES
/ NO against each item as shown :
DECLARATION / UNDERTAKING
:
" I declare that I have read
each and every notification / regulation , listed in respect of
items mentioned above
I further declare that I explicitly
agree to abide by these regulations
I am aware that Occupation
Certificate will not be granted if my completed project is found to be in
violation of any of these notifications / regulations
I will not allow any person / entity
to occupy any part of this premises, until and unless, Municipality issues to
me, the Occupation Certificate
If Municipality finds any violations,
I agree to rectify the same before applying for a fresh Occupation Certificate
If
Municipality is not in a position to issue Occupation Certificate due to any violations
which simply cannot be rectified , then I will demolish the said building /
project / structure on my own and before such demolition , refund with
interest , payments collected from the buyers
The plot of land is free from any encumbrances
/ litigations
I am not in default of any loans
taken from any bank / individuals
I will not accept any payment in cash,
nor make cash payments
I absolve the Municipal Corporation
of any liability arising out of non completion of my project
I agree that my Building Permit
Application and my Registration Application details, be made accessible to public on your web site, along with full details of my past
/ current projects and full details of my balance sheet
/ bank borrowings "
===================================================
Dear Shri
Hardeep Singh Puriji
( Union Minister
for Housing ) ,
Hardeep.spuri@sansad.nic.in / minister-mohua@nic.in
My above-mentioned e-mail, contains some other suggestions as well. I
urge you to consider these for inclusion in your Ministry’s guidelines to RERA
authorities of all the States
With regards,
Hemen Parekh
/ hcp@recruitGuru.com / 08
Nov 2021
Mail sent to :
helpdesk@maharera.mahaonline.gov.in
techoff1@maharera.mahaonline.gov.in
cpofficer@maharera.mahaonline.gov.in
techoff2@maharera.mahaonline.gov.in
techadv1@maharera.mahaonline.gov.in
techadv2@maharera.mahaonline.gov.in
legaladv2@maharera.mahaonline.gov.in
legalconsult6@maharera.mahaonline.gov.in
legalconsult@maharera.mahaonline.gov.in
legalconsult2@maharera.mahaonline.gov.in
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