News: Haryana RERA to check consent for layout changes submitted by developers-10-09-2024
The Real Estate Regulatory Authority (Rera) in the city has decided to check "to the extent possible" the veracity of twothirds consent of allottees that real estate promoters submit in case they want any change in their layouts or a revision of their building plans
The decision was taken at a meeting of Rera officials on Monday. The Real Estate (Regulation and Development) Act of 2016 mandates changes or revisions — as the case may be — to layouts or building plans provided two-thirds of the allottees say yes to it. According to Section 14 of the Haryana Rera Act, "the promoter shall not make 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, which are agreed to be taken, without the previous consent of that person: provided that the promoter may make such minor additions or alterations as may be required by the allottee, or such minor change 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.
Section 14 (2)(II) of the Act also says that the "promoter shall not make any other alterations or additions in the sanctioned plans, layout plans and specifications or 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".
Before allowing the alterations, the authority usually issues a public notice inviting objections. In case there are no objections, it allows the changes. In case some objections are received, the case is decided on merit. "As a matter of abundant caution, the real estate authority will from now on get the consent checked to the extent possible. The idea behind this effort is to protect the sanctity of allottees' rights under the Rera Act," a senior official said.
Advocate Harshit Batra, who deals in cases related to properties, backed the Rera move. "This will not only save the parties from any future litigation involving the approval of revised plans but will also help in the smooth implementation of revised development."
