BACK TO RERA Act 2016
RERA Act 2016
Section 14
Adherence to Sanctioned Plans and Specifications by Promoter
THE STATUTE
Original Text
The promoter shall develop and complete the real estate project in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities.
(2) Notwithstanding anything contained in any other law for the time being in force, the promoter shall not make—
(i) any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the allottee;
(ii) any other additions or alterations in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in such building.
(3) Provided that the promoter may make such minor additions or alterations as may be required by the allottee, or such minor changes or alterations as may be necessary due to architectural and structural reasons duly recommended and verified by an authorised architect or engineer after proper declaration and intimation to the allottee.
Legal Commentary
Section 14 is the sanctity-of-plans provision — it ensures that what you see (in the approved plans, brochure, and model apartment) is what you get. Pre-RERA, builders routinely changed floor plans, reduced apartment sizes, eliminated promised amenities, and altered building layouts after collecting payments — claiming this was covered by vague 'developer's right to make changes' clauses in their agreements.
**Two tiers of consent requirement:**
1. *Per-unit changes (Section 14(2)(i)):* Any change to the specifications of an individual apartment (fixtures, fittings, layout within the unit) requires written consent of that specific allottee — one-on-one consent.
2. *Building/common area changes (Section 14(2)(ii)):* Any change to the sanctioned building plans or common area specifications requires written consent of at least 2/3 of all allottees (excluding the promoter). This super-majority requirement prevents the promoter from obtaining consent from a handful of acquiescent buyers and proceeding with changes that affect all.
**The 3% minor deviation tolerance:** State rules and RERA Authorities have generally allowed minor structural variations of up to 3% due to construction exigencies — without requiring formal allottee consent. But this tolerance is for genuinely unavoidable construction variations, not planned changes to the design.
**'Notwithstanding anything in any other law':** This phrase is significant — builders cannot use building bye-laws, development control regulations, or contract terms to circumvent the Section 14 consent requirement. The RERA obligation overrides any contrary contractual provision.
**Relationship to Section 12 (misrepresentation):** If the promoter makes unauthorised plan changes, allottees can invoke both Section 14 (consent requirement violated) and Section 12 (delivered something different from what was represented) — claiming either specific performance of original plans or refund with compensation.
Questions & Answers
No — not without your written consent. Section 14(2)(i) requires the promoter to get written consent of each individual allottee before making any changes to that allottee's apartment specifications. If the builder makes unauthorised changes, you can complain to RERA and claim compensation or restoration of original specifications.
For changes to the building plans or common areas (as opposed to individual unit specifications), the builder needs written consent of at least 2/3 of all allottees. This prevents the builder from making building-level changes without broad allottee approval — the majority protects the minority from unilateral changes.