Noida and Greater Noida homebuyers will have to give written consent before builders can make changes to sanctioned building plans, under a new direction issued by the Uttar Pradesh Real Estate Regulatory Authority (UP RERA). The regulator has also said that buyers must receive complete details of any proposed change before their approval can be treated as valid.
The direction follows complaints that some builders obtained revised maps from the relevant development authorities without first securing the consent of affected buyers. According to the report, UP RERA has treated such actions as a violation of Section 14 of the Real Estate (Regulation and Development) Act, which governs changes to sanctioned plans and project specifications.
Under the new requirement, approval from at least two-thirds of the allottees will be necessary for a change to the building plan. Only buyers who have signed an agreement for sale with the builder will be treated as allottees for this purpose.
Builders will have to explain the proposed modification in detail before seeking consent. This includes specifying its effect on the carpet area of flats and on common areas. They must also disclose whether a new structure is being added or an existing structure is being removed. A general approval obtained without explaining these consequences will not meet the regulator’s requirement.
The consent must be submitted in the format prescribed by UP RERA. The builder will also have to provide a list containing the addresses, mobile numbers and email addresses of allottees along with the consent documents. This requirement is intended to allow the regulator to verify whether the approvals came from the eligible buyers and whether the required threshold was met.
UP RERA chairperson Sanjay Bhusreddy said that general consent obtained without giving buyers complete information would not be accepted. The regulator said the purpose of the direction was to protect homebuyers’ interests and improve transparency in the process of modifying project plans.
Building-plan changes can affect more than the appearance of a project. Alterations may change a flat’s carpet area, access to common facilities, the location of shared spaces or the overall arrangement of the development. The new consent process places the responsibility on builders to disclose these effects before seeking approval from buyers.
The direction also creates a documentary trail linking the proposed plan change, the information supplied to buyers and the consent submitted to the regulator. For buyers, the immediate significance is that approval is not meant to be treated as a routine formality: the change, its impact and the identity of consenting allottees must be recorded through the prescribed process.
UP RERA’s next step, as outlined in the direction, is to scrutinise consent documents submitted in the prescribed format and verify the required two-thirds approval before such plan modifications are accepted.
