2026January 2026LatestLegalReal EstateRERA

MahaREAT – Exemption conditions for registration of project under RERA, are alternative, not cumulative.

 

Judgment dated 23.12.2025 of the MahaREAT in Appeal No.U-1 of 2021 in Complaint No.SC10001979 of Deepak Sayaji Shinde   Vs.  M/s. Swarajya Developers and Builder

MahaRERA Registration – Land area of the Project less than 500 sq.mts – Section 3(2)(a) of the RERA

The complaint was filed to direct the respondent to register the project of more than eight flats as required under Section 3 of the RERA.

Every project involving flats not exceeding 8 shall be exempted irrespective of the area of the land.  Every project involving development of land not exceeding 500 sq.mts. into the plots for sale shall be exempted.  Both the conditions are mutually exclusively and solely depend on the nature of the project – whether it is plotted development or construction of the building.

Circular dated 9.6.2023 read with Circular dated 11.10.2019 on the interpretation of Section 3(2)(a) of the Act.

Project of area less than or equal to 500 sq.mts proposed to be developed irrespective of number of units, does not require registration.

Project of less or equal to eight units irrespective of area of the land.

HELD that once the project meets one of the conditions that proceeds or succeeds the word “OR” in the said Clause of Section 3(2)(a) of the RERA, their project is not registrable.

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