MahaRERA: Advertisement size or cost does not exempt real estate developers from RERA disclosure rules

The size of an advertisement or the fact that it was published for free does not absolve a real estate developer from its obligation to prominently display the mandatory RERA registration details, the Maharashtra Real Estate Regulatory Authority (MahRERA) has come out with a rule saying. ₹Pune-based developer fined Rs 15,000.

MahaRERA has said that the size or cost of advertisement does not exempt real estate developers from RERA disclosure rules. (Picture for representational purposes only) (Mehul R Thakkar/HT)
MahaRERA has said that the size or cost of advertisement does not exempt real estate developers from RERA disclosure rules. (Picture for representational purposes only) (Mehul R Thakkar/HT)

The authority found that a promoter remains responsible for following its instructions, regardless of whether the advertisement is paid or published for free.

The regulator said the MahaRERA registration number and website address should be displayed in a font size equal to or larger than the font size used for the contact details and address of the project.

The order pertains to the initiation of suo motu proceedings by the regulator after an advertisement is published in violation of the rules and norms of April 2025.

What are the rules of MahaRERA on advertisements?

MahaRERA made it mandatory for developers and real estate agents in April 2025 to prominently display the project’s MahaRERA registration number and a QR code linking to its RERA webpage in all advertisements. Non-compliance may result in a fine up to ₹50,000, it said.

MahaRERA had noted that on many websites, the QR code and registration number are either not displayed correctly or are not visible due to poor color contrast and small font size. Authority warns developers and real estate agents that non-compliance could attract fine ₹50,000.

The MahaRERA order dated April 8, 2025, says, “The font size of the MahaRERA registration number and website address in advertisements or promotions shall be equal to or larger than the font size used for the contact details and address of the project. However, if the contact details are mentioned in different font, the MahaRERA registration number shall be equal to or larger than the largest font used for the contact details and address in the advertisement.”

Also read: MahaRERA: ‘Paper allotment of parking slots not enough’; Real estate developer has to provide usable space

Maharera notice and developer’s response

MahaRERA issued suo motu notice to Pune-based developers alleging violation of the above mentioned rules in advertisement.

The developer, in its reply, argued that it had provided all the mandatory details including MahaRERA registration number, disclosures and a QR code to a professional advertising agency.

The developer argued that a larger advertisement published as part of the same campaign had made all the required disclosures, while the smaller advertisement under investigation was a free classified advertisement issued as part of a promotional scheme.

According to the developer, any deviation was unintentional and occurred at the agency level.

Also read: MahaRERA rejects investor’s refund claim, says RERA applies only to genuine home buyers

Maharera order

MahaRERA observed that although the QR code, registration number and website address were included in the advertisement, the font size of the registration number and website address was smaller than the contact details of the project, which was contrary to the requirements under the April 2025 order.

“The premise taken by the respondent that the small advertisement, which is the subject matter of the present proceedings, was published as a free classified advertisement as part of a publicity scheme linked to a larger advertisement forming part of the same advertising campaign, cannot be considered,” MahaRERA said in its suo motu order.

“Advertisement published by a promoter, whether with cost or free of cost, does not protect the promoter from contravening the directions issued by the authority,” the order said.

Holding that the developer has violated the authority’s instructions, MahaRERA imposes fine ₹Rs.15,000 under Section 63 of the Real Estate (Regulation and Development) Act, 2016.

Also read: Delayed possession: Can a real estate developer seek review of MahaRERA order in favor of the home buyer?

The authority directed the promoter to pay the fine within 15 days, otherwise the amount will be doubled subject to the maximum limit. ₹50,000.

Source link

Join The Discussion

Compare listings

Compare