Promoters must provide complete details of proposed modifications and obtain written consent from at least two-thirds of allottees
Lucknow/Gautam Buddha Nagar: The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has directed real estate promoters to strictly follow the provisions of Section 14 of the RERA Act while seeking approval for changes to previously sanctioned building plans. The authority has stressed that promoters must ensure transparency and obtain informed written consent from allottees before submitting revised plans to the competent authorities.
During the examination of applications seeking approval for modifications to sanctioned project layouts and building plans, UP RERA found that some promoters were approaching authorities without first obtaining written consent from allottees. In certain cases, promoters were also securing general consent without providing complete details of the proposed changes, thereby putting pressure on homebuyers to approve modifications without adequate information.
The authority has observed that such practices violate the provisions of the RERA Act and undermine the legal rights of allottees, along with the principles of transparency and accountability.
Section 14 protects homebuyers’ rights
Under Section 14 of the RERA Act, promoters are required to develop registered projects in accordance with the plans approved by the competent authority and the details declared at the time of registration. Any major alteration to the sanctioned layout or building plans, including floor plans, requires the prior written consent of at least two-thirds of the allottees.
The promoters must submit this consent to the competent authority along with their application for approval of the revised plans. The relevant building regulations also require authorities to ensure compliance with RERA provisions while approving project plans.
UP RERA noted that some developers were obtaining broad and general consent without specifying the exact nature of the proposed modifications. Such practices could allow promoters to make changes to approved plans at their discretion, potentially affecting the interests of homebuyers.
UP RERA issues five-point guidelines
To address these concerns, UP RERA has issued specific directions to promoters and decided to introduce a standard consent format for obtaining approval from allottees for changes in sanctioned building plans and construction details.
The key guidelines include:
- Consent of two-thirds of allottees: Promoters must submit dated written consent from at least two-thirds of the project’s allottees along with their application for modification of the approved building plan.
- Full disclosure of proposed changes: Promoters must provide each allottee with a written and detailed account of the proposed modifications. This must clearly explain their impact on the carpet area, common areas and locations of the concerned units. Details of any additional construction or structures proposed to be removed must also be disclosed.
- Definition of allottees: For this purpose, an allottee means a person who has purchased a unit in the project and entered into an Agreement for Sale or Builder-Buyer Agreement (BBA) with the promoter.
- Submission of allottee details: A complete list of allottees must accompany the written consent submitted to the competent authority. The list must include their postal addresses, mobile numbers and email IDs to facilitate verification of consent.
- Prescribed consent format: Promoters must obtain consent strictly in the format prescribed by UP RERA. The same consent documents and allottee list submitted to the competent authority must also be furnished before the regulatory authority for approval of changes to the sanctioned plans and corresponding project inventory details.
Chairman stresses informed consent
UP RERA Chairman Sanjay Bhoosreddy said transparency, accountability and protection of homebuyers’ interests are among the principal objectives of the RERA Act.
He emphasised that promoters must ensure every allottee receives complete information about proposed modifications to the approved building plans before being asked to give consent. Obtaining general or blanket consent without disclosing the specific details of the proposed changes will not be acceptable.
Bhoosreddy said the prescribed guidelines and standard consent format would help homebuyers make informed decisions and protect their legal rights. He added that UP RERA would ensure strict compliance with Section 14 of the RERA Act in all such matters.
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