Maharashtra bars registration of documents tied to unauthorised constructions

The Maharashtra government has directed Sub-Registrars to stop registering documents linked to unauthorised buildings and flats. Developers must now submit compliance certificates before selling, and unauthorised structures must be regularised first. The move aims to protect homebuyers from financia

The Maharashtra government has directed Sub-Registrars not to register documents related to unauthorised constructions and flats, officials said on Tuesday. The Revenue Department has issued a circular ordering all Sub-Registrars to strictly implement guidelines aimed at curbing illegal construction and unauthorised property sales, said Minister Chandrashekhar Bawankule.

The decision follows complaints about buildings constructed in non-residential zones, developers failing to register projects under the Real Estate (Regulation and Development) Act (RERA), and flats being sold with areas exceeding those in approved plans. Under the new guidelines, developers selling flats for the first time in projects that require registration under the MahaRERA Act must submit the registration certificate, occupancy certificate and sanctioned building plan.

For projects exempt from RERA registration, developers must submit the commencement certificate, sanctioned plan, zone certificate and measurement map. The guidelines prohibit Sub-Registrars from registering property documents if the flat's area mentioned in the sale document exceeds the area specified in the sanctioned plan.

The government has also stipulated that flats in unauthorised buildings that violate the Unified Development Control and Promotion Regulations (UDCPR), development plans or regional plans cannot be sold directly. Such buildings must first be regularised.

The Revenue Department has warned that it will initiate departmental inquiries against Sub-Registrars who deliberately register documents pertaining to unauthorised constructions. Bawankule said the move aimed to protect homebuyers from financial losses arising from investments in unauthorised properties, adding that stopping such transactions where common citizens lose their life savings was the government's responsibility.