MahaRERA's 2025 enforcement SOP — how to actually recover money after you win a RERA order
MahaRERA Circular 51/2025 prescribes a four-stage recovery path — from asset disclosure to District Collector attachment. Here is what buyers must do after winning.
PropWatch Editorial8 min read
Winning a MahaRERA order is step one. Recovering the money is a different problem entirely. Across Maharashtra, thousands of buyers hold valid orders directing developers to refund principal with interest — and the developers simply do not pay. Until 2025, the practical path for enforcement was unclear, drawn-out, and frequently abandoned. MahaRERA Circular No. 51/2025, issued on 18 November 2025, changed that by prescribing a structured four-stage recovery procedure for the first time.
The Circular was issued in compliance with an order passed by the Bombay High Court in October 2025, which directed MahaRERA to treat its monetary orders as decrees of the principal civil court of original jurisdiction, bringing the full machinery of the Code of Civil Procedure (Order XXI) to bear on non-compliant developers.
Why buyers stall out even after winning
A MahaRERA order directing a refund with interest is legally binding. Section 40 of the RERA Act gives the Authority power to recover unpaid amounts as arrears of land revenue and to forward a recovery certificate to the District Collector. Before SOP 51/2025, the step between 'order passed' and 'recovery certificate issued' was informal, slow, and dependent on individual follow-up. Many buyers did not know the process existed.
The new SOP introduces fixed timelines and requires the developer to actively disclose assets. Non-disclosure now triggers escalated enforcement rather than a fresh cycle of waiting.
The four recovery stages under SOP 51/2025
Execution proceedings commence only after 60 days from the date of the original MahaRERA order. If the developer does not comply within that window, the buyer files a non-compliance application to initiate the following sequence.
- Non-compliance application — the buyer files with MahaRERA after the 60-day compliance deadline passes without payment.
- Asset disclosure — MahaRERA directs the promoter to file an affidavit listing movable and immovable properties, bank accounts, investments and receivables. Failure to file the affidavit is itself an act of non-compliance and triggers the next stage.
- District Collector recovery — MahaRERA issues a recovery certificate under Section 40(1) of RERA and forwards it to the District Collector of the concerned district. The Collector can attach and auction the developer's movable or immovable assets and attach bank accounts, proceeding as if recovering government revenue.
- Civil court execution — if the developer continues to resist, MahaRERA refers the matter to the Principal Civil Court. The court can attach property and income, and in cases of willful default, order civil imprisonment for up to three months.
What a buyer should do, step by step
The RERA order you hold specifies a compliance deadline. Mark that date. If the developer does not pay or hand over possession by that date, do not wait — file a non-compliance application immediately. The SOP makes the machinery faster but not automatic. Buyers who delay filing lose time they cannot recover.
- File the non-compliance application through MahaRERA's portal (maharera.maharashtra.gov.in) — attach the original order and proof of non-payment
- Respond promptly to any MahaRERA notice requiring you to furnish bank details or an affidavit of the amount due
- Track the recovery certificate issue date — once forwarded to the District Collector, follow up with the Collector's office to confirm receipt
- If the developer files an appeal against the original order at the Maharashtra Real Estate Appellate Tribunal (MREAT), check whether a stay has been granted — execution is suspended during a valid stay
The Appellate Tribunal stay problem
Developers routinely file appeals at MREAT as a delaying tactic. An appeal does not automatically stay the order, but the Tribunal may grant a conditional stay — typically requiring the developer to deposit a percentage of the award. If a stay is granted without a deposit condition, the buyer can challenge it. Knowing whether a stay exists is the first thing to verify before filing for execution.
SourceBusiness Standard — MahaRERA issues SOP to fast-track compensation recovery for homebuyers
SourceRERA Act, 2016 — Section 40 (Recovery of interest, penalty and compensation)