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Buyers’ consent a must to alter building plan: Karnataka RERA

The government has issued a notification making buyers’ consent mandatory for changing the plan approved by the Karnataka Real Estate Regulatory Authority.

There have been instances of real estate developers making alterations in the approved plan and home buyers ending up taking possession of flats that are different from what they have been promised during booking. But from now, builders need the consent of twothirds of buyers before modifying the plan.

The government has issued a notification making buyers’ consent mandatory for changing the plan approved by the Karnataka Real Estate Regulatory Authority.

“Developers cannot make alterations or additions in sanctioned or layout plans, and specifications of buildings or common areas within the project cannot be done without the previous written consent of at least two-thirds of the allottees,’’ said KS Latha Kumari, secretary, Karnataka Real Estate (Regulation and Development) (K-Rera).

The original Real Estate (Regulation and Development) Act, 2016 too calls for getting consent of at least two-thirds of allottees. But officials said they had deliberately not incorporated this clause to provide some breather to developers.

Quoting an order of Maharashtra-Rera, sources said once the consent is given in writing and the plan is amended, allottees cannot change their mind.

MS Shankar, convener of Fight for Rera forum, said across Karnataka, there are many projects which did not get occupancy certificate mainly due to failure to adhere to the sanctioned plan, construction of additional floors without approval and modifications like pent houses on the terrace floor.

Such violations or modifications created problems for buyers as they struggled to get undivided share of land (UDS) to claim ownership. “This new clause will help all stakeholders where the original plans ought to be modified as builders now can’t take land owners and home buyers for a ride,” he added.

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