Developers must seek buyers’ approval to alter building plan

In an effort to curb ‘unauthorised’ modifications to building layout plans, the Karnataka Real Estate Regulatory Authority (K-RERA) issued fresh guidelines on Wednesday, making it mandatory for all project developers to take permission of buyers before altering the plan.

Even though this is already specified in the RERA Act, 2016, under Section 14(1)&(2), the government has now issued guidelines to enforce the provision. Accordingly, all builders will have to seek permission from at least two-three buyers if they want to change the layout plan for a project already registered with K-RERA.

As per the guidelines, a promoter will have to first secure the permission of the local authorities concerned for alteration of the plan, while also getting the consent of the buyers and then upload both sets of documents on to the K-RERA portal.

In the application, the promoter will have to mention in detail all the changes in amenities, facilities or building layout area, apart from specifying when the project will be completed with the altered plan. A fee (which is 50% of the original registration fee) will also have to be paid to K-RERA, according to a circular issued by K-RERA secretary Latha Kumari. “Through this, the interest of buyers is protected. They can file objections to the alterations, if any,” the official told DH.

M S Shankar, convener of Fight for RERA forum, said that at present, many builders were not even taking permission of the competent authorities, forget buyers. “They either build unauthorised pent houses or add additional floors, selling the flats at inflated prices,” he observed.

“We would like to suggest to local authorities that builders must first get the consent of buyers and then approach the government for modification of the plan. If buyers are not in agreement with the modifications, the builder need not even approach the government. This would save time and money,” Shankar said.

K-RERA's guidelines in the interest of the customer follows another decision by the state Cabinet in June, where the government approved the model sales agreement, making the entire documentation process more transparent.