The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has directed real estate promoters to provide complete details of proposed changes to sanctioned building plans before seeking consent from homebuyers. The regulator has also clarified that generic or blanket consent from allottees will not be accepted for major modifications to approved project plans. The directions are aimed at strengthening transparency in the approval process and ensuring that homebuyers are aware of changes that may affect their properties and common facilities.
Under Section 14 of the Real Estate (Regulation and Development) Act, 2016, promoters must obtain written consent from at least two-thirds of the allottees before making major alterations to sanctioned building plans or floor plans. UP-RERA has reiterated that this requirement must be followed and that consent should be based on complete information about the proposed modifications.
The authority observed that some promoters, while seeking approval for revised building plans, either failed to obtain written consent from allottees or relied on broad consent documents without explaining the specific changes proposed. According to the regulator, such practices do not fulfil the requirements of the RERA Act, as homebuyers must be informed about the nature and implications of the proposed modifications before giving their approval.
Promoters Must Disclose Impact of Proposed Changes
According to the latest directions, promoters will have to provide written details of all proposed modifications before approaching homebuyers for their consent. The disclosures must clearly explain how the changes will affect individual units, common areas and other project specifications.
The information provided to allottees must specifically cover:
- Any changes in the carpet area of individual residential units.
- Modifications to common areas and shared spaces within the project.
- Details of proposed additions or deletions in the sanctioned building plans.
- Other relevant changes affecting the approved project specifications.
The regulator has emphasised that homebuyers should receive specific information rather than general descriptions of proposed alterations. This will allow allottees to understand whether the modifications could affect the size, layout or facilities associated with their purchased properties.
Promoters will also have to obtain dated written consent from at least two-thirds of the allottees. These consent documents must be submitted to the competent authority along with the application seeking revision of the sanctioned building plans.
Standardised Consent Format and Verification Requirements
UP-RERA has introduced additional documentation requirements to improve transparency and enable verification of homebuyer approvals. Promoters will have to submit the written consent documents along with a list containing the names, addresses, mobile numbers and email IDs of the respective allottees.
The consent must be obtained in the standard format prescribed by the authority. This requirement is intended to ensure consistency in the consent process and provide a clear record of approvals received from homebuyers.
The same set of consent documents and allottee details submitted to the competent authority will also have to be provided to UP-RERA when promoters seek replacement of sanctioned plans or amendments to project inventory.
The authority has further pointed out that applicable building bye-laws require competent authorities to ensure compliance with the provisions of the RERA Act while approving revised project maps. Therefore, the required consent documents will form an important part of the plan revision and approval process.
Generic and Blanket Consent Will Not Be Accepted
UP-RERA said it had identified instances where promoters obtained general and comprehensive consent from homebuyers without explaining the specific modifications proposed in the sanctioned plans. Such practices effectively allowed developers to retain flexibility to make changes without securing informed approval from the affected allottees.
The regulator has clarified that generic consent obtained without providing complete details of proposed modifications will not be considered sufficient for compliance with Section 14 of the RERA Act.
Commenting on the directions, Sanjay Bhoosreddy, chairman of UP-RERA, said, “Promoters must ensure that every allottee is fully informed about the proposed changes in the sanctioned building plans before seeking their consent. Obtaining general or blanket consent without providing complete details of the proposed modifications cannot be accepted.”
Greater Transparency in Project Plan Modifications
The latest directions reinforce the responsibility of developers to maintain transparency when seeking modifications to approved building plans. They also establish clearer documentation and verification requirements for obtaining homebuyer consent.
For homebuyers, the directions mean that promoters cannot rely on broad approvals to make major changes to sanctioned plans. Instead, they must communicate the proposed alterations and their impact before seeking written approval.
The requirement for dated consent, standardised documentation and allottee details will also help competent authorities verify whether the prescribed approval process has been followed. By restricting blanket consent and requiring specific disclosures, UP-RERA aims to strengthen homebuyer participation in decisions concerning changes to sanctioned building plans and protect their interests during project development.
