'RERA' Ready Reckoner: Maharashtra vs Delhi Laws

Comparative Study of the Real Estate (Regulation and Development) Act, 2016 with the State Laws
Topic	Parameter	Central (RERA, 2016)	Maharashtra	Delhi
Ongoing Project	Definition	Projects that are ongoing on the date of commencement of this Act. For which the completion certificate has not been issued.	Projects that are ongoing on the date of commencement of this Act. For which the completion certificate has not been issued on the date of commencement of this Act.	Projects that are ongoing on the date of commencement of this Act. For which the completion certificate has not been issued on the date of commencement of this Act.
Liability for Structural Defects	Structural Defects after transfer of possession	S. 14 (3)- Promoter's liability to recify within 30 days from date of notice by allottee, without further charge, defects in workmanship, quality, provision of services or any other obligations of promoter as per the agreement for sale arising within 5 years from the date of transfer of possession.	Defects arising within 5 years from date of transfer of possession. Promoter's/ Developer's liability to rectify the defects within 30 days without further charge. Compensation to allottee, if the promoter fails to rectify such defects.	Defects arising within 5 years from date of transfer of possession. Promoter's/ Developer's liability to rectify the defects within 30 days without further charge. Compensation to allottee, if the promoter fails to rectify such defects.
Provisions for Escrow Withdrawal	S. 4(2)(l)(D)-Withdrawal of amounts realised from the allottees for the real estate project.	70% of the amounts realised from allottees for real estate projects shall be deposited in a separate account to be maintained in a scheduled bank. Amount shall be deposited to cover the cost of construction and the land and shall be used exclusively for that purpose. Withdrawal from such separate account shall be proportionate to the percentage of completion of the project.	70% of the amounts realised from allottees for real estate projects shall be deposited in a separate account to be maintained in a scheduled bank. Additionally, if receivable of ongoing project is less than estimated cost of balance construction, then promoter shall deposit 100% of the amount to be realised. Amount shall be deposited to cover the cost of construction and the land and shall be used exclusively for that purpose. Withdrawal from such separate account shall be proportionate to the percentage of completion of the project.	70% of the amounts realised from allottees for real estate projects shall be deposited in a separate account to be maintained in a scheduled bank. Amount shall be deposited to cover the cost of construction and the land and shall be used exclusively for that purpose. Withdrawal from such separate account shall be proportionate to the percentage of completion of the project.
Penalty for Default	S. 59 (2)-Continuos violation of S. 3 or orders, decisions or directions issued u/s 59(1)	Imprisonment upto 3 years or fine upto 10% of the estimated cost of real estate project.	Amount to be paid for compounding the offence shall be 5% of the estimaded cost of the real estate project which may extend upto 10% of such estimated cost.	Amount to be paid for compounding the offence shall be 10% of the estimaded cost of the real estate project.
Penalty for Default	S. 59 (2)-Continuos violation of S. 3 or orders, decisions or directions issued u/s 59(1)	Imprisonment upto 3 years or fine upto 10% of the estimated cost of real estate project.	Amount to be paid for compounding the offence shall be 5% of the estimaded cost of the real estate project which may extend upto 10% of such estimated cost.	Amount to be paid for compounding the offence shall be 10% of the estimaded cost of the real estate project.
Penalty for Default	S. 64- Contravention of orders of Appelate Tribunal	Imprisonment upto 3 years or fine upto 10% of the estimated cost of real estate project.	Amount to be paid for compounding the offence shall be 5% of the estimaded cost of the real estate project which may extend upto 10% of such estimated cost.	Amount to be paid for compounding the offence shall be 10% of the estimaded cost of the real estate project.
Penalty for Default	S. 66- Contravention of orders of Appelate Tribunal by real estate agents	Imprisonment upto 1 years or fine upto 5% of cost of plot, apartment, buildings.	Amount to be paid for compounding the offence shall be 5% of the cost of the plot, apartment or building of the real estate project, for which the sale or purchase has been facilitated, which may extend upto 10% of such estimated cost.	Amount to be paid for compounding the offence shall be 10% of the cost of the plot, apartment or building of the real estate project, for which the sale or purchase has been facilitated.
Penalty for Default	S. 68- Contravention of orders of Appelate Tribunal by allottee	Imprisonment upto 1 years or fine upto 5% of cost of plot, apartment, buildings.	Amount to be paid for compounding the offence shall be 5% of the cost of the plot, apartment or building, which may extend upto 10% of such estimated cost.	Amount to be paid for compounding the offence shall be 10% of the cost of the plot, apartment or building.