Can the promoter modify the sanctioned plans or project specifications without disclosing to the allottees?
The RERA Act provides a the promoter to modify or amend the sanctioned plans or project specifications, after the approval of the competent authority and its disclosure to the allottees, in case of minor additions or alterations.
However, in case of major modification or alteration, the promoter can modify the sanctioned plans or project specification only after having taken approval from two-third of the allottees. In addition, for arriving at the number of two-third allottees, the number of apartments held by the promoter will be excluded. Also, irrespective of the number of apartments held by an allottee, shall only be entitled to one vote.
Without getting proper approval from the competent authority no promoter can alter the sanctioned plan.
Article by Advocate Bobby Portia Alex
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