Can developers make changes to approved plans without the consent of home buyers?
Curious about RERA Act
According to the provisions of the Real Estate (Regulation and Development) Act (RERA), developers are generally not allowed to make changes to the approved plans of a real estate project without obtaining the consent of the majority of home buyers. The Act includes specific provisions to protect the interests of home buyers in this regard. Here are the key aspects related to changes in approved plans:
1. Consent Requirement: RERA mandates that developers cannot make any changes to the project plans, design, and specifications without obtaining the prior consent of at least twothirds or majority of the allottees (home buyers) in that particular project. The consent should be obtained through a written agreement or through an appropriate process as prescribed by the respective state's RERA authority.
2. Major Structural Changes: If a developer intends to make any major structural changes to the project, such as altering the layout, changing the number of floors, or modifying the common areas, it requires the consent of the majority of home buyers. This ensures that any substantial alterations to the project are made with the agreement of the buyers who have invested in the property.
3. Minor Alterations: In certain cases, minor alterations or changes that do not affect the overall structure or layout of the project may be allowed without explicit consent. However, the specific conditions and limitations regarding such alterations may vary across different states and can be defined by the respective state's RERA rules and regulations.
4. Disclosure of Changes: Developers are obligated to disclose any proposed changes or alterations to the project plans to the home buyers. This includes providing details about the nature of the changes, the reasons behind them, and the potential impact on the buyers. The disclosure should be made in writing, and the buyers should have the opportunity to provide their consent or objection within a specified timeframe.
The consent requirement ensures that home buyers have a say in any significant changes made to the approved plans, protecting their interests and preventing unilateral modifications by developers. It promotes transparency, fairness, and accountability in real estate transactions.
It is advisable for home buyers to carefully review the agreement and related documents before providing consent for any changes to the approved plans. In case of any concerns or disputes, buyers can approach the respective state's Real Estate Regulatory Authority (RERA) for redressal and resolution of grievances.