Two-third con­sent must un­der RERA

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By is­su­ing an ad­ver­tise­ment/ no­ti­fi­ca­tion in the news­pa­per ( when pos­ses­sion has not yet been handed over), the au­thor­ity has tried to get into the shoes of the builder (by is­su­ing a no­ti­fi­ca­tion on the builder’s be­half) which is con­trary to the law un­der Sec­tion 4 (4).

Even if the au­thor­ity wants to get such a no­ti­fi­ca­tion pub­lished, it can do so be­fore the amended plan has been granted be­fore start­ing con­struc­tion and not after con­struc­tion has been com­pleted. By is­su­ing a no­ti­fi­ca­tion after peo­ple have moved into the com­plex, it is ac­tu­ally dis­al­low­ing own­ers from hav­ing any con­trol over the changes that the de­vel­oper has al­ready made in the said prop­erty, le­gal ex­perts opine.

The Real Estate (Reg­u­la­tion and De­vel­op­ment) Act 2 0 1 6 (RERA) too calls for get­ting the con­sent of at least twothirds al­lot­tees. It says any al­ter­ations or ad­di­tions in sanc­tioned or lay­out plans and spec­i­fi­ca­tions of build­ings or the com­mon ar­eas within the project can­not be done with­out the previous writ­ten con­sent of at least two-thirds of the al­lot­tees, other than the pro­moter.

Sec­tion 5 ( 3) of the UP Apart­ment Act also has an em­bed­ded pro­tec­tion for the home­buy­ers. It talks about the un­di­vided right of the owner over land and com­mon ameni­ties that can­not be changed with­out their con­sent. Any changes made in the orig­i­nal plans are also con­trary to the pro­vi­sion of the Trans­fer of Prop­erty Act and the Con­tract Act.

Of late, there have been media re­ports that have sug­gested that the UP gov­ern­ment had de­cided to amend some of the pro­vi­sions in the UP Apart­ment Act 2010 and had de­cided to do away with the pro­vi­sion of seek­ing con­sent of the home­buy­ers al­to­gether. But of­fi­cials in the UP gov­ern­ment privy to the amend­ments made by the cabi­net con­firm that “rights of buy­ers will not be di­luted in case changes are made to a project and their con­sent will be sought. The in­ten­tion has been to align RERA nor ms t o t he UP Apart­ment Act 2010,” they say. —Van­dana Ram­nani

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