No Additional Floor without Buyers Consent: MahaRERA
In a major judgment, the Maharashtra Real Estate Regulatory Authority (MahaRera) has disallowed a carrying out the construction of an additional floor without the consent of the buyers who already bought flats in the building. The ruling is significant, as builders over the years modified plans and made additions to their existing constructions without taking the buyers into confidence, leaving the latter helpless, as they were promised a completely different structure. However, the state real estate regulator cited section 14 of the Real Estate (Regulation and Development) Act (RERA) 2016, which mandated that any modification in the building plans, including the construction of additional floors, required the requisite consent of two-third of the allottees. According to housing activist Vinod Sampat, a builder loses his/her right of modification after the first apartment is sold It is binding on the builder to obtain the consent of the buyer, as the latter has booked [the property] based on the plans given by the developer. Any additional construction would be a burden on the homebuyer, and hence, the consent [of the buyer] is required. Even the extra FSI offered later goes to the kitty of homebuyers.”
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