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No Registration for Flats in Unauthorised Buildings: Maharashtra’s October 2026 Rule and What Buyers Must Check

From October 2026, Sub-Registrars in Maharashtra will not register documents for flats built without permission or larger than the sanctioned plan. The documents now checked, and what buyers and sellers should do.

Illustration: a woman advocate advising a couple about flats in unauthorised buildings, with an apartment model and a sealed paper

From October 2026, Sub-Registrars in Maharashtra have been told not to register documents for flats in buildings put up without permission, or for flats larger than the sanctioned plan allows. The Revenue Department issued the circular on 12 October 2026 to protect buyers who lose their savings on unauthorised flats or on misstated areas. Here is what changes, which documents the Sub-Registrar will now look for, and what buyers and sellers should check.

Key facts

What is barred
Registering transfer documents for flats built without permission, or where the flat’s area exceeds the sanctioned plan
Documents covered
Agreement for first sale, sale (purchase) deed, deed of apartment and transfer deed
RERA projects
MahaRERA registration certificate or occupancy certificate, plus the sanctioned plan showing the flat’s area
Projects outside RERA
Building permission or commencement certificate, sanctioned plan, zone certificate and measurement plan
Sub-Registrars
Face a departmental inquiry if they register such documents in breach of the circular

What the circular says

The Revenue Department’s circular, issued after a meeting chaired by the Revenue Minister, directs Sub-Registrars across the State not to register documents transferring flats where:

  • the building was constructed without permission from the competent planning authority, or
  • the area of the flat in the document is more than the area in the sanctioned plan.

It covers the agreement for first sale, the deed of purchase, the deed of apartment and the transfer deed of flats in any construction project.

Documents the Sub-Registrar will check

Type of projectDocuments
Registered with MahaRERA (Section 3, RERA Act, 2016)MahaRERA registration certificate or the occupancy certificate, and the approved building plan showing the flat’s area
Not required to register with MahaRERABuilding permission or commencement certificate from the competent authority, the approved plan showing the flat’s area, the zone certificate, and the measurement plan

If the area in your document is more than the area in the approved plan, registration can be refused.

What buyers should check before paying

Before you pay for a flat: 5 checksStep 1: MahaRERA. Search the project on the MahaRERA website and download the registration certificate and approved plans. Step 2: Permissions. Ask for the commencement certificate and, for a completed building, the occupancy certificate. Step 3: Area. Compare the carpet area in your agreement with the sanctioned plan. Extra enclosed area can stop registration. Step 4: Title. Get a title search done, and check the society’s records for resale flats. Step 5: If registration is refused. Ask the Sub-Registrar to record the reason in writing. A refusal can be challenged before the Registrar under the Registration Act, 1908.Before you pay for a flat:5 checksSub-Registrars will not register flatsbuilt without permission or larger thanthe sanctioned plan1MahaRERASearch the project on the MahaRERAwebsite and download theregistration certificate andapproved plans.2PermissionsAsk for the commencement certificateand, for a completed building, theoccupancy certificate.3AreaCompare the carpet area in youragreement with the sanctioned plan.Extra enclosed area can stopregistration.4TitleGet a title search done, and checkthe society’s records for resaleflats.5If registration is refusedAsk the Sub-Registrar to record thereason in writing. A refusal can bechallenged before the Registrarunder the Registration Act, 1908.Source: Revenue Department circular toSub-Registrars, Maharashtra (October 2026), andthe Registration Act, 1908, as explained in thisguide.advtamanna.in
  1. MahaRERA: search the project on the MahaRERA website and download the registration certificate and approved plans.
  2. Permissions: ask for the commencement certificate and, for a completed building, the occupancy certificate.
  3. Area: compare the carpet area in your agreement with the area in the sanctioned plan. Extra area (an enclosed balcony or terrace) that is not in the plan can now stop registration.
  4. Title: get a title search done, and check the society’s records for resale flats.
  5. Do not pay large amounts before registration on the promise that papers will “come later”.

Resale flats in older buildings

The circular lists the transfer deed among the documents covered, so resale flats in buildings without permissions, or with additions beyond the plan, may face difficulty at registration. The position for older buildings with partial permissions is not spelt out. If you are buying or selling such a flat, have the papers checked before you sign.

If registration is refused

  • Ask the Sub-Registrar to record the reason for refusal in writing.
  • A refusal to register can be challenged before the Registrar under the Registration Act, 1908, within the time the Act allows.
  • If a builder sold you a flat without permissions or misstated the area, you may have remedies before MahaRERA or the consumer commission. See MahaRERA complaints.

Related: registering a sale deed in Maharashtra, flat purchase cost calculator, buying a MHADA flat, buying an SRA flat.

Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.

This guide describes the Revenue Department circular of 12 October 2026 as reported. Check the current requirements with the Sub-Registrar or the IGR Maharashtra website before execution. It is not legal advice.

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