Can a builder change the sanctioned layout or reduce carpet area after booking?

Question

My builder has changed the tower layout and reduced my flat's carpet area from what was promised in the brochure and the agreement for sale. Can I object to this? I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Real Estate (Regulation and Development) Act 2016, Section 14 is the starting point for this property law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Section 14 of RERA prohibits a promoter from making any structural or other alteration to the sanctioned plan, layout plan and specifications of a project without the prior written consent of at least two-thirds of the allottees, other than minor alterations required by architectural or structural reasons.

If the carpet area actually delivered is more or less than what was disclosed in the agreement for sale, Section 14(3) requires the promoter to compensate the allottee at the same rate for excess area or refund the excess amount collected within specified timelines with interest.

Section 12 makes a promoter liable to compensate an allottee who suffers loss due to false or misleading statements in the model apartment, layout plan, prospectus or advertisement on the basis of which the allottee booked the unit.

An allottee who does not accept the changed layout can invoke Section 18's refund and compensation route or approach the Real Estate Regulatory Authority for a direction to restore the original sanctioned plan where consent was never obtained.

Any unilateral variation without allottee consent recorded in writing can also be challenged as an unfair trade practice before the RERA authority in addition to a civil remedy.

In practice, in this order: 1) Compare the brochure, agreement for sale and the sanctioned plan with the revised layout to document the change; 2) Send a written objection to the promoter demanding restoration of the original layout or compensation under Section 14(3); 3) File a complaint before the state Real Estate Regulatory Authority if the promoter does not respond within a reasonable time; 4) Retain payment receipts and the agreement for sale as evidence of the promised carpet area.

Timing matters here: Real Estate (Regulation and Development) Act 2016, Section 14 works on limitation periods, so a rera carpet area reduction claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in property law.