UP RERA has been receiving applications from promoters for change of the sanctioned plans and building plans on the basis of revised building plans approved by the concerned competent authorities. It has been observed by the Regulatory Authority during processing of such applications that the promoters often do not obtain the written consent of the allottees of the projects before submission of the revised map before the concerned competent authority.

Even when they do take such consents, they push the allottees into providing their consents without disclosing specifics of the changes proposed in the building plan. Such modifications in the building plan are contrary to the relevant provisions of the RERA Act and adversely affect the legal right of the allottees guaranteed to them under the RERA Act and are also against the principles of transparency and accountability which are the foundation stones of the RERA Act.

Section 14 of RERA Act Mandates Protection of Allottees Rights

RERA Act has been enacted with a view to guarantee the protection of the right of the consumers in the real estate sector and to ensure compliance of obligations cast upon the promoters. It has been provided under Section-14 of the RERA Act that the project registered by the promoter with the regulatory authority will be completed as per the sanctioned plan and specifications approved by the competent authority and possession of the unit delivered to the allottee as per the terms of the agreement for sale. The terms and conditions of the agreement and specifications of the project are finalized by the promoter before registration of the project with RERA and subsequent execution of agreement of sale with the homebuyers.

Therefore, it has been very strictly laid down under Section-14 of RERA Act that the promoter cannot make any unilateral changes in the sanctioned plan and specifications of the buildings after the same have been disclosed to the allottees. Any major change to the floor plan or the sanctioned plan of the project is permissible only after at least two third allottee of the project have provided their written consent for proposed changes and the promoter has obtained the revision or the modification to the sanctioned plan of the project after duly submitting such consent before the competent authority along with application for revised map.

The relevant building bye-laws applicable to the competent authorities also provide that while granting approval to the maps of the projects the provisions of the RERA Act will be strictly adhered to. This is fundamentally essential in view of the requirement of transparency and accountability under the RERA Act.

The Regulatory Authority has been constrained to conclude that the promoters indulged in securing generic and comprehensive consents from the allottees without disclosing the specific changes to them in order to obtain to themselves unrestricted license to make any change to the sanctioned plans at their whims. Therefore, U.P. R.E.R.A. has directed the promoters to strictly abide by the requirement of Section-14 of RERA Act while applying for changes to the building plan of the project. RERA 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.

UP RERA Guidelines for Obtaining Allottees Consent

UP RERA has directed the promoter to strictly adhere to the following guidelines for seeking any changes to the sanctioned plans of the project:-

1. Must submit the written consent of two-third allottees of the project with date before the competent authority with application for the revision in the plan.
2. Must disclose the specifics of the changes proposed in the sanctioned or the building plan to the allottees in writing, clearly specifying the effect of such changes on the carpet area of the unit, the common areas and spaces along with any addition or deletion that has been proposed.
3. The allottees means who has already been sold the unit and with whom agreement for sale/BBA has been executed.
4. The written consents will be submitted with the competent authority with a list of all the allottees with their addresses, mobile numbers and email IDs for the purposes of verification.
5. The consent will be taken on the format provided by U.P. R.E.R.A. and submitted with the regulatory authority for replacing the sanctioned plans and amendment to the inventory, along with the list of the allottees which was submitted before the competent authority.

UP RERA Chairman Sanjay Bhoosreddy stated that transparency, accountability and protection of homebuyers’ interests are the fundamental objectives of the RERA Act. Promoters must ensure that every allottee is fully informed about the proposed changes in the sanctioned building plans before seeking their consent. Obtaining general or blanket consent without providing complete details of the proposed modifications cannot be accepted. The prescribed guidelines and standard consent format will ensure that homebuyers are able to make informed decisions and that their statutory rights remain protected. U.P. R.E.R.A. will ensure strict compliance with the provisions of Section 14 of the RERA Act in this regard.