15. Requirement of Buyer Consent for Changes in Project Plans
Introduction
One of the key protections provided under RERA is the restriction on promoters from making unilateral changes to approved project plans, layouts, or specifications. This provision ensures that buyers receive what was originally promised and are not adversely affected by arbitrary modifications.
The requirement of buyer consent introduces a collective control mechanism, ensuring that significant changes are subject to approval by stakeholders.
Legal Framework
Under RERA:
- Major alterations require consent of two-thirds of allottees
- Minor changes may be permitted without such consent
This provision balances flexibility in execution with protection of buyer interests.
Objective of Consent Requirement
The objective is to:
- Prevent unilateral decision-making by promoters
- Protect buyer expectations and rights
- Ensure transparency in project execution
Types of Changes
Major Changes
Require consent of allottees and include:
- Changes in layout or structure
- Alteration in number of units
- Significant modification in common areas
Minor Changes
May be allowed without consent and include:
- Internal design adjustments
- Non-material changes
Interpretation Challenges
Distinguishing between major and minor changes often leads to disputes, as the classification is not always clear.
Authorities assess the impact on buyer rights and project value, rather than relying solely on technical classification.
Practical Challenges
- Obtaining consent from large number of buyers
- Managing communication and expectations
- Addressing objections and disputes
Risks of Non-Compliance
Failure to obtain required consent may result in:
- Regulatory penalties
- Buyer litigation
- Delay or stoppage of project
Litigation Trends
- Disputes over classification of changes
- Allegations of unauthorized modifications
- Challenges to consent process
CABTA Insights
- Buyer consent is a fundamental safeguard under RERA
- Transparent communication reduces resistance from buyers
- Proper documentation of consent is essential for compliance
- Frequent changes in plans increase litigation risk
- Accurate planning at initial stage minimizes need for future changes
