The Problem of Unauthorized Layout Changes
Before RERA, a major frustration for homebuyers was purchasing a property based on a beautiful brochure featuring lush green parks and a clubhouse, only to discover years later that the builder had replaced the park with an entirely new residential tower. Buyers were powerless as builders unilaterally altered layouts to maximize their profits.
To permanently curb this deceptive practice, Section 14 of the RERA Act strictly regulates how and when a developer can alter sanctioned plans.
Section 14: Adherence to Sanctioned Plans
Section 14(1) mandates that the promoter must develop and complete the real estate project precisely in accordance with the sanctioned plans, layout plans, and specifications approved by the competent authorities and disclosed to the buyer at the time of booking.
If the builder wishes to make changes, the law sets two distinct thresholds for obtaining consent:
1. Unit-Specific Changes (Individual Consent)
If a builder wants to make additions or alterations to the specific apartment, plot, or building that a buyer has booked (e.g., changing the internal room layout, altering the balcony size, or modifying the promised fixtures), they cannot do so without the previous written consent of that specific allottee.
2. Project-Wide Changes (Two-Thirds Majority)
If the builder wants to alter the overarching layout of the entire project—such as changing the position of towers, reducing the size of common areas, shifting the clubhouse, or adding new floors to a building—they must obtain the prior written consent of at least two-thirds (2/3rd) of the allottees of the project.
Crucially, the promoter's own unsold flats do not count toward this two-thirds majority, ensuring that the voting power remains entirely with the independent homebuyers.
The Exception: Minor Alterations
The Act does provide a very narrow exception for "minor additions or alterations." A builder can make minor changes without seeking a two-thirds majority vote only if the change is:
- Strictly required for architectural or structural reasons.
- Duly recommended and verified by an authorized architect or structural engineer.
What is NOT a minor alteration? RERA explicitly clarifies that "minor alterations" do NOT include structural changes, any addition to the area, changes in the height of the building, removal of a part of the building, or cutting into walls. Furthermore, substituting premium promised amenities for cheaper alternatives to save costs is never considered a "minor structural necessity."
Homebuyer Remedies for Illegal Layout Changes
If a developer alters the layout plan without securing the mandatory two-thirds consent:
- File a Complaint: Any affected allottee can file a complaint before the State RERA Authority citing a violation of Section 14.
- Relief Available: The RERA Authority holds the power to order the builder to halt the unauthorized construction, restore the layout to its originally sanctioned plan, or heavily compensate the homebuyers for the loss of promised amenities.