To protect homebuyers' interests, UP RERA has issued guidelines requiring real estate promoters seeking changes to sanctioned project plans to obtain the written consent of at least two-thirds of the allottees before approaching the competent authority for approval.
URERA has also decided to lay down a standard format for obtaining the consent of the allottee for proposed changes to the plans and specifications of the project.
Promoters must disclose details of all proposed modifications in writing, clearly explaining their impact on the carpet area of individual units, common areas and spaces, as well as any additions or deletions to the approved plans, UP RERA said in a statement on Nov 12.
The written consent must be submitted to the competent authority along with a list of allottees, including their addresses, mobile numbers and email IDs, to facilitate verification.
The consent must be obtained in the format prescribed by UP RERA and submitted to the regulatory authority along with the revised sanctioned plans, amendments to the inventory and the list of allottees furnished to the competent authority, it said.
The term ‘allottees’ refers to buyers who have purchased units and executed an agreement for sale or builder-buyer agreement (BBA) with the promoter.
“Promoters must ensure that every allottee is fully informed about the proposed changes before seeking consent. General or blanket consent obtained without providing complete details of the proposed modifications will not be accepted,” UP RERA chairman Sanjay Bhoosareddy said.
He said the guidelines and standardised consent format would help homebuyers make informed decisions and safeguard their statutory rights.
UP RERA said it had observed that some promoters were obtaining generic or blanket consent from homebuyers without disclosing the specific changes proposed in the sanctioned plans. This, the authority noted, effectively gave developers unrestricted freedom to modify approved plans at their discretion.
The authority has directed promoters to strictly comply with Section 14 of the RERA Act while seeking changes to a project's building plans. It has also decided to introduce a standard format for obtaining allottees' consent for proposed changes to project plans and specifications.
UP RERA said it had received several applications from promoters seeking approval for changes to sanctioned and building plans based on revised maps cleared by the respective competent authorities. During scrutiny, it found that promoters often submitted revised plans to the competent authorities without first obtaining the written consent of the allottees. In cases where consent was obtained, homebuyers were not given specific details of the proposed modifications.
Such practices violate the provisions of the RERA Act and adversely affect the legal rights of allottees, besides undermining the principles of transparency and accountability enshrined in the legislation, the authority said.
Section 14 of RERA Act safeguards homebuyers’ rights
The RERA Act aims to protect consumer rights in the real estate sector and ensure that developers fulfil their obligations. Under Section 14, promoters are required to complete projects in accordance with the sanctioned plans and specifications approved by the competent authority and hand over possession of units to allottees as per the terms of the agreement for sale.
The terms and conditions of the agreement for sale, along with the project's specifications, are finalised by the promoter before registering the project with RERA and subsequently entering into agreements with homebuyers.
Section 14 expressly prohibits promoters from making unilateral changes to sanctioned plans and building specifications after these have been disclosed to allottees. Any major modification to the floor plan or sanctioned project plans requires the written consent of at least two-thirds of the allottees. Promoters must also submit these consents to the competent authority along with their application seeking approval for the revised plans.
Building bye-laws governing the respective competent authorities also require them to ensure compliance with RERA provisions while approving project plans. This is essential to uphold the principles of transparency and accountability enshrined in the Act, the statement added.