The Real Estate Regulatory Authority (RERA) in Gurgaon has introduced a new measure to ensure the authenticity of the two-thirds consent that real estate developers are required to obtain from allottees before making changes to layouts or revising building plans. The decision was taken during a meeting of RERA officials held on Monday, marking a step towards safeguarding the rights of homebuyers under the Real Estate (Regulation and Development) Act of 2016.
RERA Act’s Mandate for Allottee Consent
Under the provisions of the Haryana RERA Act, specifically Section 14, real estate developers cannot alter the sanctioned plans, layouts, or specifications of a project without obtaining the prior consent of at least two-thirds of the allottees. This rule applies to significant modifications that could affect the overall structure or design of the project. However, minor changes that are architecturally or structurally necessary can be made after proper notification to the allottees.
Importance of Protecting Allottee Rights
The new measure will require RERA to verify the legitimacy of the two-thirds consent submitted by developers. According to a senior RERA official, this step is being taken “to the extent possible” as a way to protect the sanctity of the rights guaranteed to allottees under the RERA Act. This process will help ensure that the changes are genuinely supported by the majority of homebuyers.
Public Notices and Objection Handling
Before approving any alterations, RERA typically issues public notices to invite objections from the concerned parties. If no objections are raised, the changes are allowed. However, if objections are received, the case is reviewed on its merits. With the new verification process in place, the authority aims to prevent any future disputes over altered plans.
Legal Support for the Move
Advocate Harshit Batra, a legal expert in property-related cases, has welcomed this move. He believes that this initiative will not only prevent future litigation over revised plans but also ensure smooth implementation of any approved changes, benefiting both developers and allottees.
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