The authority has also decided to introduce a standardised format for obtaining the consent of allottees for proposed changes to the plans and specifications of a real estate project.
In a statement issued on November 12, UP RERA said promoters must disclose all proposed modifications in writing, clearly explaining their impact on the carpet area of individual units, common areas and spaces, along with details of any additions or deletions to the approved plans.
The written consent must be submitted to the competent authority along with a list of allottees containing their addresses, mobile numbers and email IDs to facilitate verification.
Promoters will also be required to submit the consent in the prescribed format to UP RERA, along with the revised sanctioned plans, amendments to the inventory and the list of allottees furnished to the competent authority.
No More Generic or Blanket Consent from Homebuyers
UP RERA has observed that certain promoters were obtaining generic or blanket consent from homebuyers without disclosing the specific modifications proposed in the sanctioned project plans.
According to the authority, such practices effectively provided developers with unrestricted discretion to modify approved plans at their convenience, without ensuring that homebuyers understood the nature and implications of the proposed changes.
UP RERA Chairman Sanjay Bhoosareddy said promoters must ensure that every allottee is fully informed about the proposed modifications before seeking consent.
He clarified that general or blanket consent obtained without providing complete details of the proposed modifications will not be accepted.
The chairman said the new guidelines and standardised consent format would enable homebuyers to make informed decisions and safeguard their statutory rights under the Real Estate (Regulation and Development) Act, 2016.
Promoters Must Disclose Details of Proposed Modifications
The authority has prescribed greater transparency in the process of obtaining homebuyers’ consent.
Promoters must provide complete written details of the proposed changes, including:
-
Impact on carpet area: Any increase or reduction in the carpet area of individual units.
-
Changes in common areas: Modifications affecting common areas and common spaces available to allottees.
-
Additions and deletions: Details of additions, alterations or deletions proposed in the originally approved plans.
-
Revised sanctioned plans: Copies of revised plans submitted for approval.
-
Updated inventory: Details of amendments to the project inventory.
-
Allottee information: A list containing the addresses, mobile numbers and email IDs of the allottees for verification.
The consent must be obtained in the format prescribed by UP RERA and submitted along with the relevant documents.
For this purpose, the term ‘allottees’ refers to buyers who have purchased units and executed an Agreement for Sale or Builder-Buyer Agreement (BBA) with the promoter.
UP RERA Finds Violations During Scrutiny of Revised Plans
UP RERA said it had received several applications from promoters seeking approval for changes to sanctioned and building plans based on revised maps approved by the respective competent authorities.
During scrutiny of these applications, the authority found that promoters were frequently submitting revised plans to competent authorities without first obtaining the mandatory written consent of the allottees.
Even in cases where consent had been obtained, homebuyers were often not provided with specific details of the proposed modifications.
The authority observed that these practices violated the provisions of the RERA Act and adversely affected the legal rights of allottees. They also undermined the principles of transparency, accountability and protection of consumer interests that form the foundation of the legislation.
Consequently, UP RERA has directed promoters to strictly comply with Section 14 of the RERA Act while seeking modifications to sanctioned building plans.
Section 14 of RERA Act Safeguards Homebuyers’ Rights
Section 14 of the Real Estate (Regulation and Development) Act, 2016 protects homebuyers against unilateral changes to sanctioned project plans and specifications.
The provision requires promoters to develop and complete projects in accordance with the sanctioned plans, layout plans and specifications approved by the competent authority. Promoters are also required to adhere to the commitments made to allottees under the Agreement for Sale.
The sanctioned plans and specifications are disclosed by promoters at the time of project registration with RERA and form an important part of the contractual relationship between developers and homebuyers.
Section 14 places restrictions on promoters from making unilateral alterations to the sanctioned plans and specifications after these have been disclosed to allottees.
Under Section 14(2)(ii), any other alterations or additions to the sanctioned plans, layout plans and specifications of the buildings or common areas require the previous written consent of at least two-thirds of the allottees, excluding the promoter.
However, certain minor changes necessary due to architectural and structural reasons, as certified by an authorised architect or engineer after proper declaration and recommendation, are treated separately under the Act.
The statutory requirement ensures that promoters cannot substantially alter the project after selling units without obtaining the prescribed consent of homebuyers.
Competent Authorities Must Ensure RERA Compliance
UP RERA has also highlighted the responsibility of competent authorities while considering applications for revised building plans.
The building bye-laws governing the respective competent authorities require them to ensure compliance with the provisions of the RERA Act while granting approval to revised project plans.
Accordingly, the written consent of the requisite number of allottees must accompany applications seeking approval for modifications to sanctioned plans.
This requirement is intended to ensure that the approval process remains consistent with the statutory protections available to homebuyers under RERA.
Standardised Consent Format to Strengthen Homebuyer Protection
UP RERA’s decision to introduce a standardised consent format is an important step towards preventing misuse of homebuyers’ consent during project modifications.
By requiring promoters to disclose the precise nature and impact of proposed changes, the authority seeks to ensure that allottees are not made to sign consent documents without understanding their implications.
The guidelines reinforce the principle that homebuyers’ consent must be informed, specific and obtained in accordance with Section 14 of the RERA Act.
The move is expected to strengthen transparency in real estate development and ensure that promoters remain accountable for changes to approved project plans and specifications.
