Stories
Builder Changed Your Flat Size? Know Your RERA Rights Before Signing!
- •RERA (Real Estate (Regulation and Development) Act, 2016) restricts builders from altering sanctioned plans without prior written consent from two-thirds of allottees, excluding the promoter.
- •Homebuyers should compare booking documents, agreement for sale, approved plans, and revised plans, keeping all related records for potential disputes.
- •A reduction in apartment size, even 100 sq ft, can lead to significant financial loss, potentially lakhs of rupees, which buyers should not accept without proper calculation and agreement.
- •If a major change occurs, buyers have three choices: accept the revised apartment, negotiate, or seek legal remedies, including withdrawing and claiming a refund with interest under RERA Section 18.
- •Always read revised agreements carefully; do not rely on verbal promises. Request revised sanctioned plans, carpet-area calculations, and price adjustments before signing any documents.
Key Questions Answered
Section 14 of the Real Estate (Regulation and Development) Act, 2016 stipulates that a promoter cannot make any alterations or additions to sanctioned plans, layout plans, and specifications without receiving prior written consent from at least two-thirds of the allottees in the building, excluding the promoter. However, minor alterations recommended and verified by an authorized architect or engineer are exempted from needing this two-thirds approval.
Under Section 18 of the Real Estate (Regulation and Development) Act, 2016, if a promoter fails to complete or provide possession in accordance with the agreement, an allottee who chooses to withdraw can seek a full refund of the amount paid along with interest and compensation. Whether this remedy applies to a specific size or layout dispute depends entirely on the unique facts of the case and the provisions outlined in the agreement.
In July 2026, the Supreme Court ruled that a homebuyer accepting possession after a delay does not, by itself, forfeit or remove their right to pursue compensation for that earlier delay.
