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| + | ====== Builder Changed Layout, Amenities or Carpet Area After Booking? Action Plan ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** Builder altered the layout, cut amenities or shrunk your carpet area? RERA Section 14 needs your written consent. Refund math, RERA filing steps and RTI route. | ||
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| + | **Reviewed on:** 2026-06-12. | ||
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| + | Rohit booked a 1,050 sq ft carpet area flat in a two-tower project in Thane in 2023. In 2025 the builder circulated a " | ||
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| + | Section 14 of the Real Estate (Regulation and Development) Act, 2016 is the spine of this dispute. A promoter must build the project as per the sanctioned plans disclosed at booking. He cannot change your flat without your written consent. He cannot change the layout or common areas of the project without the previous written consent of at least two-thirds of the allottees. A circular announcing the change is not consent. Silence is not consent. | ||
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| + | ===== What Section 14 actually permits and forbids ===== | ||
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| + | The section splits changes into three buckets. Knowing which bucket your change falls in decides your argument. | ||
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| + | * **Changes inside your flat or building plan.** These need //your individual// | ||
| + | * **Changes to the project layout or common areas.** Removing an amenity, adding a tower, shifting open space or parking. These need previous written consent of at least two-thirds of all allottees, not counting flats the promoter still holds. | ||
| + | * **No change at all.** The promoter cannot rely on a blanket clause in the agreement saying he may alter plans at his discretion. RERA overrides such clauses, and authorities have repeatedly refused to enforce them. | ||
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| + | So the first question is never "is the change reasonable" | ||
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| + | ===== The carpet area shortfall: do the refund math ===== | ||
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| + | Carpet area has a precise definition under Section 2(k) of RERA: the net usable floor area inside your walls. Builders must sell on carpet area, not super built-up. The model agreement for sale in most states, including Maharashtra, | ||
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| + | Take Rohit' | ||
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| + | Get the delivered area measured by an independent architect before relying on the builder' | ||
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| + | ===== Build the promise versus delivery file ===== | ||
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| + | Your case is the gap between two sets of documents. | ||
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| + | * **What was promised:** brochure, booking form, allotment letter, agreement for sale, and the plans uploaded on the state RERA portal at registration. | ||
| + | * **What is being delivered: | ||
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| + | Download the project page from your state RERA portal today. Every registered project carries its sanctioned plans, amenity list and unit details on public record, and any amendment shows there with its date. A change on the ground that never appears as an approved amendment on the portal is strong evidence by itself. | ||
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| + | ===== File the RERA complaint ===== | ||
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| + | Send one written objection to the builder first, by email and registered post, giving 15 days. If nothing moves, file online. | ||
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| + | * On MahaRERA, register on the complaint portal, file Form A against the project' | ||
| + | * On UP RERA (up-rera.in), | ||
| + | * Other states follow the same pattern through their own portals. Find yours through the project page you downloaded. | ||
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| + | Ask for specific relief: a direction to build as per the registered plan, refund of Rs X for the carpet shortfall with interest, and compensation for any amenity removed without two-thirds consent. If the changes are so fundamental that you no longer want the flat, Section 18 lets you exit with a full refund plus interest. That route is covered in our guide on a [[practical-guides: | ||
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| + | Do not sign a clean possession letter while the dispute is open. Take possession, if you must, expressly under protest with a covering letter. | ||
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| + | ===== Use RTI to get the sanctioned plan ===== | ||
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| + | The builder is a private party, so RTI does not reach him. The municipal corporation or development authority that sanctioned the plan is a public authority, and its file often settles the dispute. File through your state portal or offline, see [[file-rti-online-india|how to file RTI online]]. Ask for: | ||
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| + | < | ||
| + | 1. Certified copy of the latest sanctioned building plan and layout plan | ||
| + | for [Project Name], Survey No. [X], [address], as approved by your | ||
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| + | 2. Certified copies of all revised sanctions or amendments approved for | ||
| + | the said project after [date of your booking]. | ||
| + | 3. Copy of the allottee consent, if any, submitted by the promoter in | ||
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| + | </ | ||
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| + | The PIO has 30 days to reply. If the reply is blocked or vague, use the [[act: | ||
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| + | ===== Common mistakes ===== | ||
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| + | * Comparing super built-up figures with carpet area figures. Always convert to carpet area before claiming a shortfall. | ||
| + | * Treating the builder' | ||
| + | * Accepting a credit note or upgrade voucher instead of the refund the model agreement entitles you to. | ||
| + | * Filing in both RERA and the consumer commission for the same relief. Pick one main forum. | ||
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| + | If the missing amenity is specifically the clubhouse, see the dedicated guide on a [[practical-guides: | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== Does a majority of allottees approving the change bind me? ==== | ||
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| + | For project layout and common areas, yes, two-thirds written consent binds the minority. For changes inside your own flat, no. Your individual consent is required and no majority can supply it. | ||
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| + | ==== The builder says his architect certified the change as structural. Is that the end? ==== | ||
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| + | No. The exception covers only minor alterations, | ||
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| + | ==== My agreement has a clause allowing the builder to alter plans freely. Am I stuck? ==== | ||
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| + | Generally no. RERA authorities treat clauses that contradict Section 14 as unenforceable. Quote the section in your complaint and ask the authority to disregard the clause. | ||
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| + | ==== What interest rate applies to my carpet area refund? ==== | ||
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| + | The rate fixed by your state RERA rules, in most states SBI's highest marginal cost of lending rate plus 2 per cent, from the date you paid for the missing area. | ||
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| + | ==== Can I complain if I have already taken possession? ==== | ||
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| + | Yes. Taking possession does not waive a carpet shortfall or an unauthorised plan change, especially if you objected in writing. File within the limitation your state rules prescribe, and sooner is always safer. | ||
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| + | ==== Is the brochure alone enough proof? ==== | ||
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| + | It helps, but pair it with the RERA-registered plans. The registered record is what the authority enforces. | ||
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| + | Download the layout and carpet area dispute checklist (PDF). | ||
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