Re-mumbai

Construction Defects & Delayed Conveyance Keep Mumbai Homebuyers In Courtrooms

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed a Mumbai-based developer to rectify construction-related deficiencies and complete the long-pending conveyance process, underlining the regulator’s continued emphasis on safeguarding homebuyers’ interests and ensuring compliance within the real estate sector.

The order follows complaints from residents who raised concerns over leakage issues, poor construction quality and delays in transferring ownership rights to their housing society. According to reports, MahaRERA found prima facie evidence of construction shortcomings and observed that the developer had failed to effectively rebut observations made in the housing society’s structural audit report.

The directive requires the promoter to carry out necessary rectification work within prescribed timelines and proceed with the conveyance process, ensuring that ownership rights over the land and common areas are formally transferred to the housing society.

The ruling is the latest in a series of actions taken by MahaRERA against developers for delays in possession, incomplete conveyance procedures and violations of obligations under the Real Estate (Regulation and Development) Act, 2016.

Under Maharashtra’s housing regulations, developers are mandated to execute conveyance deeds and transfer title of the project land and common areas to cooperative housing societies or associations of allottees within stipulated timelines after project completion. However, delays in conveyance remain a common concern, particularly in older projects where developers often retain control citing future development plans or unused development potential.

In a recent observation, the Bombay High Court also clarified that developers cannot indefinitely postpone conveyance by relying on future redevelopment proposals or unutilised floor space index (FSI).

Meanwhile, MahaRERA has intensified its oversight of compliance across the state’s residential sector. Earlier this month, the regulator initiated action against more than 8,200 housing projects for failing to submit mandatory quarterly progress reports within the prescribed timelines.

Industry experts note that disputes involving structural defects, delayed possession and pending conveyance continue to account for a substantial share of complaints before MahaRERA. Recent rulings have consistently reinforced homebuyers’ rights to seek timely ownership transfer, compensation and accountability where developers fail to meet their contractual and statutory obligations.

Market observers believe such regulatory interventions are strengthening governance, transparency and compliance standards across Maharashtra’s real estate sector, particularly in the Mumbai Metropolitan Region, where redevelopment and large-scale residential projects continue to shape market activity.

Source: Prop News Time

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