With the enforcement of the Real Estate (Regulation & Development) Act, 2016, it is incumbent on the part of developers to abide by the sanctioned plan, layout plan and specifications as originally approved by a RERA Authority. Also, the developers are supposed to stick to the specified nature of fittings, fixtures, and amenities agreed between the buyers and the developers. However, the provisions of RERA after having RERA Registration allow the developers to make minor changes or alterations in the layout, which may be necessary.
What is meant by the Sanctioned plan as per the Act?
According to Section 2 (zq) of the RERA Act, 2016[1], the “sanctioned plan” means the site plan, service plan, building plan, parking and circulation plan, landscape plan, layout plan, zoning plan, and such other plan. It includes structural designs permissions such as environment permission and such other permissions, which is approved by the competent authority before the start of a real estate project.
Following Structural Changes cannot be made in Sanctioned Plan
The Act specifies that any structural changes, including the following, do not come within the explanation of minor changes:-
However, any structural changes, including the changes mentioned earlier, maybe done in sanctioned plans and layout by the developers with the prior consent of at least 2/3rd of the allottees who have agreed to take a unit in that apartment. Also, after the enactment of the RERA Act, an allottee is now entitled to claim compensation against any structural defect in the unit, which is brought to the notice of the developers within the period of 5 years from the date of handling of possession. Any violation of the provisions of the Act can complain to the RERA authority.
Read our article:Functions and Powers of RERA Authority
Provisions Regarding Sanctioned Plan
Section 11 (3) (a)
According to Section 11 (3) (a) of the RERA Act, 2016, it is the duty of the Promoter that at the time of booking and issue of allotment letter shall be responsible for making available to the allottee, the sanctioned plans, and layout plans. It must go along with specifications, approved by a competent authority, by a display at the site or such other place as may be specified by the regulations made by the Authority.
Section 4 (2) (d)
According to Section 4 (2) (d) of the RERA Act, 2016, the Promoter has to enclose some documents while applying for the registration of the project, which includes attaching the sanctioned plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the competent Authority.
Section 14 (1)
According to Section 14 (1) of the RERA Act, 2016, the Promoter must adhere to the sanctioned plan and project specifications for the proposed project as approved by the authorities. The proposed project has to be developed and completed by the Promoter in accordance with the sanctioned plans, layout plans, and specifications as approved by the competent authorities.
Section 14 (2)
According to the Section 14 (2) of the RERA Act, 2016, the Promoter is not allowed to make any modification in the sanctioned plan without the previous written consent of that flat owner. Any clause contained in any agreement, the contract will not prevail regarding the alteration of the sanctioned plan approved by the competent Authority. Therefore a promoter has no right to make any additions and alterations in the sanctioned plans without the prior written consent of the person owning that apartment.
Furthermore, Section 14 (2) (ii) of the RERA Act, 2016 clarifies that any alterations or additions in the sanctioned plan, layout plans of the entire project and the common areas of the building, cannot be effected unless the developer obtains the prior written consent of 2/3rd of the allottees other than the Promoter who have agreed to take apartments in such project. Thus, a developer is duly bound to adhere to the approved plans during the construction and cannot deviate from the same.
Section 19(1) and 19(5)
The allottee under Section 19(1) and 19(5) of the RERA Act, 2016, is entitled to get the information pertaining to the Promoter’s sanctioned plan and layout plan for the real estate project. Failure on the part of a promoter to provide the information and details of the sanctioned plan, then allottee must have a right to withdraw from the project. The Promoter must be liable to pay the entire amount paid by the allottee with the applicable interest.
Conclusion
Before implementation of the RERA Act, 2016, there were concerns regarding the imposition of terms, which allowed developers to alter, revise, and amend the original layout/plans per their convenience. In cases like these, the helpless allottees who had their funds blocked were left with the no option but to adhere to such one-sided pro-developers terms and conditions.
However, after the introduction of the RERA Act, 2016, the home buyers finally took a breath of relief and were feeling safer with its provisions. The Corpbiz has elaborate knowledge about the RERA registration and helps the consumer to file the RERA complaint.
Read our article: Detail analysis about RERA Act 2016
