The Maharashtra government has decided to stop the registration of sale agreements and other property documents for unauthorised buildings and flats constructed in violation of approved building plans. The move aims to curb illegal construction, improve compliance with development regulations and protect homebuyers from financial losses arising from the purchase of properties that do not have the required approvals.
The decision follows complaints involving buildings constructed without necessary permissions, violations of zoning regulations, non-registration under the Maharashtra Real Estate Regulatory Authority (MahaRERA) and the sale of flats with areas exceeding those sanctioned in approved building plans. Such irregularities have been reported across the Mumbai Metropolitan Region, Thane, Pune, Pimpri-Chinchwad, Haveli, Mulshi, Nagpur and other urban areas.
Chief Minister Devendra Fadnavis took note of the issue and directed Revenue Minister Chandrashekhar Bawankule to initiate action. Subsequently, a government resolution (GR) was issued on Monday, instructing all sub-registrars to implement the new registration requirements.
Documents Required for Property Registration
Under the revised rules, developers selling flats for the first time in projects that require MahaRERA registration must provide the registration certificate or occupancy certificate, along with the approved building plan.
For projects that do not require MahaRERA registration, developers will have to submit the commencement certificate issued by the competent authority, the approved building plan, a zoning certificate and a measurement plan.
These requirements are intended to help registration authorities verify whether properties comply with the relevant permissions and sanctioned plans before registering sale documents. The rules also seek to prevent transactions involving unauthorised construction or deviations from approved development parameters.
A key provision states that sub-registrars cannot register documents if the flat area specified in a transaction exceeds the area approved in the building plan. This directly addresses cases where buyers may be offered or sold additional floor area that has not been sanctioned by the competent authority.
Unauthorised Buildings Face Legal Action
The government resolution also addresses buildings that violate the Unified Development Control and Promotion Regulations (UDCPR), the Development Plan or the Regional Plan.
Flats in such unauthorised buildings cannot be sold directly unless the buildings are first regularised, wherever permitted under the law. Structures that are not eligible for regularisation will continue to be treated as illegal and may face demolition.
The government has also warned registration officials against allowing transactions involving unauthorised construction. Sub-registrars who knowingly register documents relating to such properties may face departmental inquiries.
The provisions place greater responsibility on registration authorities to check the status of property documents and ensure compliance with applicable regulations. They also reinforce the distinction between buildings that can legally be regularised and those that remain unauthorised.
Focus on Homebuyer Protection
Revenue Minister Chandrashekhar Bawankule said the decision was intended to protect ordinary homebuyers from being cheated. Buyers who purchase flats in good faith may discover later that their properties lack approvals or violate sanctioned plans, potentially resulting in substantial financial losses and legal complications.
By making the required approvals and certificates part of the registration process, the government aims to prevent such transactions at an early stage rather than leaving buyers to deal with the consequences after purchase.
The decision could also increase the importance of regulatory compliance for developers, particularly those operating in urban markets where unauthorised construction and deviations from approved plans have been reported.
For prospective homebuyers, the revised requirements underline the importance of checking a property’s sanctioned building plan, applicable certificates and MahaRERA registration status, where required, before completing a transaction.
The effectiveness of the measure will depend on consistent implementation by registration authorities and compliance by developers. With stricter checks on property documentation and potential action against unauthorised buildings, Maharashtra is seeking to strengthen oversight of property transactions and reduce the risks associated with purchasing flats that do not meet legal requirements.
