RERA

RERA Form 3: the withdrawal amount, worked out

Form 3 caps what a builder may draw from the RERA 70% account at the land and construction cost actually incurred, less earlier withdrawals. Worked example.

By LoftRay TeamPublished 4 min read

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Checked against the official sources by
LoftRay Team

Form 3 is the chartered accountant’s certificate that lets a Maharashtra promoter withdraw money from the RERA designated (70%) account. The amount it allows is the total estimated land and construction cost multiplied by the share of that cost already incurred, minus everything withdrawn before. In plain terms, cumulative withdrawals can never exceed the certified land and construction cost actually spent.

The rule comes from section 4(2)(l)(D) of the RERA Act, and the arithmetic from rule 5 of the Maharashtra RERA Rules 2017 and the Form 3 format MahaRERA published on 29 December 2021. This article covers Maharashtra only; in another state, read that state’s rules and forms.

What does the Act require?

Section 4(2)(l)(D) says seventy per cent of the amounts realised from allottees “shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose”. The provisos add three conditions:

  1. withdrawals must be “in proportion to the percentage of completion of the project”;
  2. each withdrawal must first be certified by an engineer, an architect and a chartered accountant in practice;
  3. the accounts must be audited by a chartered accountant within six months after the end of every financial year.

Who certifies what

Certificate Signed by What it certifies
Form 1 Architect Percentage of completion of construction of each building or wing
Form 2 Engineer Actual cost incurred on construction work
Form 3 CA (practice) Land and construction cost incurred, and the amount withdrawable
Form 5 Statutory auditor Annual report on how the project’s money was used

The CA who signs Form 3 should be a different entity from the statutory auditor (Explanation 1 to regulation 4 of the MahaRERA General Regulations 2017). MahaRERA’s Circular 39/2021 asks promoters to give the three certificates to the bank at every withdrawal and to upload copies to MahaRERA.

How Form 3 works out the amount

Form 3 builds up to the withdrawal in two tables:

  • Table A, estimated cost: land cost (land value, premiums, TDR, stamp duty, rehabilitation) and development cost (the engineer’s estimate of construction, other development costs, taxes and interest on construction finance), adding up to the total estimated cost.
  • Table B, cost incurred: land cost incurred, plus construction cost incurred taken as the lower of the engineer’s figure and the figure in the books verified by the CA. Then:
    • row 4: proportion of cost incurred to the total estimated cost;
    • row 5: amount that can be withdrawn = total estimated cost × row 4;
    • row 6: less amounts withdrawn till date;
    • row 7: net amount that can be withdrawn under this certificate.

Rule 5(1)(i)(b) of the Maharashtra rules says the same in words: the total estimated cost multiplied by the proportion of cost incurred “shall determine the maximum amount which can be withdrawn”.

A worked example (sample figures)

A sample project, all amounts in ₹ crore:

Table A: estimated cost ₹ crore
Land cost 40
Development cost 110
Total estimated cost 150
Table B: cost incurred ₹ crore
Land cost incurred 40
Construction cost: engineer’s figure 46, books 48; take the lower 46
Total cost incurred 86
Proportion of cost incurred (86 ÷ 150) 57.33%
Amount that can be withdrawn (150 × 57.33%) 86
Less: withdrawn till date 70
Net amount withdrawable under this certificate 16

Two things follow from the arithmetic:

  • Row 5 always equals the cost incurred. Multiplying the total estimate by the share already incurred gives back the cost incurred. So the useful question is simply: how much land and construction cost has been spent and certified, and how much has already come out?
  • The lower construction figure wins. If the books show ₹48 crore but the engineer certifies ₹46 crore, the ₹2 crore gap stays in the account until the engineer’s next certificate catches up.

The net amount is a ceiling, not a cheque. You can only withdraw what is actually in the designated account; Table E of the form records its opening balance, deposits, withdrawals and closing balance.

Three accounts for newer Maharashtra projects

For projects registered after 1 July 2024, MahaRERA Order 56/2024 requires three accounts in one scheduled bank before applying for registration: a collection account that receives all allottee payments (excluding taxes and statutory duties), the separate account that receives seventy per cent, and a transaction account that receives up to thirty per cent. Form 3 withdrawals come from the separate account.

Mistakes that delay withdrawals

  • Construction cost in the books running ahead of the engineer’s certificate, so the CA has to use the lower figure.
  • Taxes and statutory duties paid into the designated accounts and then treated as project receipts.
  • A different CA signing Form 3 without the earlier withdrawals reconciled.
  • Certificates given to the bank but not uploaded to MahaRERA.

How LoftRay supports Form 3

LoftRay classifies every receipt and payment for the RERA designated account, routes withdrawal requests through approval, records the transfer instructions and the certificates behind each withdrawal, and produces the quarterly pack as PDF and Excel for your CA. The rules that decide what counts as land and construction cost are set up with your CA and signed off by a second person before use; LoftRay does not come with ready-made RERA rules.

Sources

  1. Real Estate (Regulation and Development) Act, 2016, s.4(2)(l)(D) (Gazette copy hosted by MahaRERA)
  2. Maharashtra Real Estate (Regulation and Development) Rules, 2017, rule 5
  3. MahaRERA General Regulations, 2017, regulations 3 and 4
  4. MahaRERA: new Forms 1 to 5, dated 29 December 2021
  5. MahaRERA Form 3: CA certificate for withdrawal from the designated account
  6. MahaRERA Circular 39/2021, 28 December 2021 (certificates at every withdrawal)
  7. MahaRERA Order 56/2024, 27 June 2024 (three designated bank accounts)

Each source was read on . Laws and rates change: check the current text before you act on a figure here.

Common questions

What is RERA Form 3?

In Maharashtra, Form 3 is the chartered accountant’s certificate a promoter gives the bank to withdraw money from the RERA designated (70%) account, and files at registration. It sits alongside Form 1 from the architect and Form 2 from the engineer.

How much can a builder withdraw with Form 3?

The total estimated land and construction cost multiplied by the share of it already incurred, less what was withdrawn before. In effect, cumulative withdrawals cannot exceed the certified cost incurred.

Can the statutory auditor sign Form 3?

The regulations say they should be different. Explanation 1 to regulation 4 of the MahaRERA General Regulations 2017 says the CA who certifies withdrawals should be a different entity from the promoter’s statutory auditor, who signs the annual Form 5.