Can builder revise flat and site plan at will?

The below applies to properties in Uttar Pradesh.

We have seen many cases of area increase by builders due to so called architectural changes. The super area in many cases increase substantially over what was initially communicated to buyers.
We have also seen cases of modifications to site plan by builders leading to additional towers and floors. This again is a change that may hurt buyers in terms of increased load on facilities and common areas and tweaking of overall aesthetics of the compound.

Can builders do changes at its will? Is there any law that restricts builders from doing this? What does the UP apartment act has to say on this?

UP Apartment mandates that minor changes (additions or alterations) duly recommended by authorized Architect or Engineer can be done only after proper declaration and intimation to the owner.
In cases, where major changes are required, written consent from all owners of the society/tower is required.
The specific section Chapter II 4. 4) of the act that talks about the modification scenario reads as below:

“After plans, specifications and other particulars specified in this section as sanctioned by the prescribed sanctioning authority are disclosed to the intending purchaser and a written agreement of sale is entered into, the promoter may make such minor additions or alterations as may be required by the owner or owners, or such minor changes or alterations as be necessary due to architectural and structural reasons duly recommended and verified by authorised Architect or Engineer after proper declaration and intimation to the owner.

Provided that with due permission of the prescribed sanctioning authority the promoter may make major changes in the plans and specification subject to owner first obtaining written consent in writing from all those persons with whom he has entered into written agreement for sale.”

Unfortunately, the act was not followed in Noida/Greater Noida to full effect until early 2014 when Supertech verdict brought this fact to light.
Any changes post that (at least) however, should be subjected to the intimation/consent clause.
In case your builder has done changes, the required procedure has to be followed otherwise the builder is liable for a year’s imprisonment or 5 lac rupees or both depending upon the nature of misconduct.
Buyers can reach Noida authority through RTI and other means and seek information on whether this procedure was followed or not.
Secondly, they can reach the District court of jurisdiction against violation of UP apartment act by builder.

Update:

As per a recent stay notification from Allahabad High court, the court has taken cognizance of UP apartment act and accordingly directed a builder in Noida extension to stop construction in view change in layout plan without the written consent of the buyers.

Hope it helps!!!

Comments/Feedback invited.

Last updated: May 12, 2015 at 17:57 pm

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2 thoughts on “Can builder revise flat and site plan at will?

  • May 2, 2015 at 10:24 am
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    Actually the supertech judgement was not on this point. It was argued in building regulations. I know because I argued it. Please see the deaignarch judgement for alterations in plans specifically para 65(14) where purchasable FAR has been given to the society. Supertech judgement is a precedent on minimum distance regulation in building bye laws as well as NBC 2005.

    Reply
    • May 3, 2015 at 12:09 am
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      Thanks for writing to us and also for enlightening us about the case. Yes, the main contention was around the distance between towers and hazards around it. But, the argument about consent from buyers was also brought up and that brought about the need of proper implementation/execution of UP Aptmt act.

      Reply

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