By issuing an advertisement/notification in the newspaper (when possession has not yet been handed over), a city authority has tried to get into the shoes of the builder (by issuing a notification on the builder’s behalf) which is contrary to the law under Section 4 (4).
Even if the authority wants to get such a notification published, it can do so before the amended plan has been granted before starting construction and not after construction has been completed. By issuing a notification after people have moved into the housing complex, it is actually disallowing owners from having any control over the changes that the developer has already made in the said property, legal experts opine.
The Real Estate (Regulation and Development) Act 2016 (RERA) too calls for getting the consent of at least two-thirds allottees. It says any alterations or additions in sanctioned or layout plans and specifications of buildings or the common areas within the project cannot be done without the previous written consent of at least two-thirds of the allottees, other than the promoter.
Section 5 (3) of the UP Apartment Act 2010 also has an embedded protection for the homebuyers. It talks about the undivided right of the owner over land and common amenities that cannot be changed without their consent. Any changes made in the original plans are also contrary to the provision of the Transfer of Property Act and the Contract Act.
Of late, there have been media reports that have suggested that the UP government had decided to amend some of the provisions in the UP Apartment Act 2010 and had decided to do away with the provision of seeking consent of the homebuyers altogether. But officials in the UP government privy to the amendments made by the cabinet confirm that “rights of buyers will not be diluted in case changes are made to a project and their consent will be sought. The intention has been to align RERA norms to the UP Apartment Act 2010,” they say.