For real estate promoters, making
changes to a project’s design, specifications, or timeline is sometimes
necessary. However, under the Real Estate (Regulation and Development) Act
(RERA), changes to a project after registration require careful consideration.
This blog discusses how promoters should handle changes in the plans of a
registered project.
1. Can a Promoter Change the Plans After RERA
Registration?
Yes, a promoter can make changes
to a registered project’s plans, but only under specific circumstances.
According to Section 14 of RERA, if a promoter wishes to make substantial
changes to the building plans or project layout after registration, they must
first obtain the consent of the allottees (buyers). This applies
especially if the change impacts the agreed-upon specifications of the
apartments or common areas.
For example, if the promoter
wants to change the layout of the apartments, add new amenities, or modify the
overall design, the affected allottees must be consulted and provide written
consent.
2. What Changes Require Allottee Consent?
Changes that significantly affect
the buyers’ expectations or the agreement made at the time of sale require
consent. These include:
- Modifications
to the apartment layout or structure.
- Changes
to common amenities or their specifications.
- Alterations
to the estimated completion date or project timelines.
Changes that do not affect the
contractual obligations or do not alter the buyer’s experience may not require
consent but should still be disclosed transparently.
3. What Happens If the Promoter Fails to Get Consent?
If the promoter proceeds with
changes without obtaining consent from the allottees, it could lead to legal
consequences. Buyers have the right to file a complaint with RERA, and the
promoter could face penalties, including the potential for project suspension
or orders for compensation. Therefore, it is essential for promoters to obtain
consent and follow the process outlined in RERA.
4. How to Manage Minor Changes in Ongoing Projects?
For minor changes that do not
significantly alter the project’s scope or buyer expectations, promoters may
not need explicit consent from allottees. However, it’s advisable to keep all
buyers informed through notices or updates to ensure transparency and avoid any
potential disputes.
5. Handling Post-Completion Modifications
Once the project is completed and
possession is handed over to the buyers, any changes to the agreed-upon
specifications are not allowed unless mutually agreed upon. In cases where
changes are needed (e.g., to the design or fixtures), the promoter must inform
the buyer and seek approval for any adjustments.
In summary, while promoters have
the flexibility to make changes to registered projects, these changes must be
handled carefully. Clear communication with allottees and proper documentation
are essential to ensure compliance with RERA.
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