Under section 14 of RERA, promoters cannot alter sanctioned plans without specific allottee consent and two-thirds consent for project-wide changes.
The Real Estate (Regulation and Development) Act, 2016 made the sanctioned project plan a binding promise to homebuyers. For FY 2026-27, RERA authorities across states continue to enforce section 14 strictly — promoters cannot alter the approved sanctioned plan, layout or specifications without specific allottee consent and where required, two-thirds consent for structural changes. Recent regulator orders have voided unilateral changes and imposed restitution.
What Section 14 Requires
Section 14(2) of RERA prohibits the promoter from making any addition or alteration in the sanctioned plans, layout plans and specifications of the building or common areas without previous written consent of the allottee for changes specific to that unit, and consent of at least two-thirds of the allottees, other than the promoter, for changes affecting the project as a whole.
Types of Changes Covered
- Building footprint, height, FAR or set-back modifications.
- Change in number, size or configuration of units.
- Substitution of materials, brands or specifications listed in the agreement annexures.
- Repositioning or removal of common amenities like gym, pool or clubhouse.
- Conversion of common area into saleable area or vice versa.
Minor Additions and Alterations Exception
Section 14(2)(ii) carves out an exception for minor additions or alterations required due to architectural and structural reasons duly recommended and verified by the architect or engineer, after proper declaration and intimation to the allottee. The scope of 'minor' is interpreted strictly by RERA authorities — anything affecting habitable area, view, light or amenity value typically does not qualify.
Procedure to Obtain Consent
The promoter must issue a written notice setting out the proposed change, its rationale, impact and consideration if any. Allottees are typically given 30 days to respond. Consent must be explicit, not implied. Where two-thirds threshold applies, voting via a documented process is essential — RERA authorities have rejected casual WhatsApp polls or unsigned acknowledgements as inadequate proof.
Defect Liability and Specification Match
Section 14(3) imposes a five-year defect liability on the promoter for structural defects or any other defect in workmanship, quality or provision of services. The promoter must rectify defects at no charge within 30 days. Substitution of inferior materials during construction, even where minor in cost, can give rise to defect-liability claims and refund applications.
Remedies for Affected Allottees
- Complaint to the State RERA authority under section 31 with full documentation.
- Order for restoration to original sanctioned plan or refund of cost differential.
- Compensation for loss of value, delay and mental agony at prevailing rate.
- Interest on amounts paid at SBI MCLR plus 2% under Rule 15 of state rules.
- Appeal to the State Real Estate Appellate Tribunal within 60 days of order.
Conclusion
Plan changes under RERA are tightly regulated and consent-driven. Buyers should compare delivered specifications against the agreement annexure, demand written disclosures for any modification, and approach the RERA authority promptly for redress through FY 2026-27.
