Hi All, We had downloaded RERA approved plan where the existing block had shown entry and exit at a specific point. In the latest approval the plan shows the entry and exit a little back and one part of the road in made as common.Existing owners were never informed.How to approach the builder on this change from legal perspective and move the entry and exit points back to original plan? Thanks, Hari
Hi
The Builder has to inform one and all for any changes additions / omissions (subject to T&C of Agreement).
However, if the same is Legal and got the permission / approval from concerned Departments more particularly if the same is in the larger interest of public at large. Restoring back to the old approval is bit difficult.
In case if the Builder did the same without obtaining the clearance / permission of the existing owners it may be questioned.
1. Change in building lay out on approval of the local Municipality is always permissible unless any service shown n brochure is deleted or any common facility is curtailed.
2. Shift of entry or exit plan is also not material so you have remedy as long as it remains the same as regards its convenience and comfort.
3. You can though talk to the builder to get clarification on the issue and then the next step, if allowed.
1) whether change in plans has been approved by BBMP?
2) if builder has made unilateral changes in building plans without consent of flat owners file complaint against builder before RERA and seek orders to direct builder to complete construction as per original plans
See if the plans are approved and revised plan is also approved also there is no change in area space or common facility than as such there is no remedy against the builder.
Send a legal notice to the builder and seek explanation. Then file complaint to the corporation who had approved plan. You can file a writ petition in high court for the same
RERA dose not approve plan but municipal office, Project plans once sanctioned, submits to RERA while registration of project. You can ask for refund due to change in layout, but legal recourse to demand original plan,
Only possibly way if majority of buyers opposes.
Normally the builder must construction what is shown on the plans, you can file complaint before RERA.
1. TILL the builder hands over the apartment complex to the registered Society /Association, he is entitled to change the layout plan details, within the parameters of RERA and upload the same, PROVIDED the area of the Flats are not altered that may be recorded in the agreement.
If you hav any doubts about it then you may produce the plans before the civil engineer or an architect and get the issue clarified properly because on the basis of your blunt information no concrete opinion can be rendered.
Any opinion given without seeing the approved plans or the existing plans, it will be a misguidance
Dear
If builder has diverted from the plan shown to you while booking of the flat and same has been approved by RERA. Then you should file a complaint against builder to regulatory authority under RERA.
