The Maharashtra Real Estate Regulatory Authority also called MahaRERA or Maharashtra RERA is seeking public comments by February 29, 2024, on its draft model guidelines for retirement home sales after allegations of misleading ads and false promises against developers surfaced.

Maharashtra RERA is the first to issue guidelines for retirement housing projects to ensure senior citizens receive the facilities as promised. Thirty-two states and union territories in India have so far set up RERA.

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The new guidelines come after several stakeholders flagged the authority that many real estate developers are advertising general housing projects as retirement homes for seniors in violation of the rules that require complying with specific construction details and facilities.

While issuing its circular, MahaRERA pointed to the Ministry of Housing and Urban Affairs (MoHUA) guidelines in 2019, which states that “Given the specific nature of the promoters and allottees of retirement homes, states and UTs (Union Territories) may enunciate the special provisions, required to be covered under ‘Agreement of Sale’ and other relevant documents.”

These standards include minimum physical criteria for projects, as mentioned in MoHUA’s model guidelines for developing and regulating retirement homes.

According to the MahaRERA circular, promoters of such projects must follow the specifications provided in the guidelines “before advertising them as retirement homes, senior homes”, etc. These specifications cover building design, green building principles, lifts and ramps, staircases, corridors, kitchens, bathrooms, lighting and ventilation, and safety and security.

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For example, a building with more than one floor must have lifts, must have sufficient internal and external space for wheelchair movement, renewable energy sources, lifts with audio and visual signage, handrails on both sides of stair flights, illuminated with fluorescent or radium strips on all stairs, and safety measures such a “gas leak detection system” in kitchens and rooms attached with kitchen, anti-skid tiles in bathrooms, outward opening doors in bathrooms, etc.

Additionally, proper lighting and ventilation in all buildings, corridors, lifts, and lobby, emergency alarm and light controls at the bedside and in bathrooms, CCTV cameras at gates, lifts, parking, parks, etc., with trained guards at all required locations must be ensured.

According to The Real Estate (Regulation and Development) Act, 2016 (RERA), effective May 1, 2017, the regulatory authorities established under the Act must maintain a website and publish details of real estate projects for public viewing and address grievances.