UP RERA has announced new guidelines aimed at safeguarding the interests of homebuyers. The authority has mandated that real estate promoters must obtain written consent from at least two-thirds of allottees before they can approach the competent authority for any changes to sanctioned project plans. This decision is part of an effort to enhance transparency and protect the rights of consumers in the real estate sector.

Additionally, UP RERA has introduced a standard format for obtaining this consent, ensuring that all relevant details are clearly communicated to the allottees. The guidelines specify that promoters must provide comprehensive information regarding any proposed modifications, including their potential impact on the carpet area of individual units and common areas.

The authority issued these directives in a statement released on November 12, highlighting that all written consent must be submitted alongside a list of allottees, which should include their addresses, mobile numbers, and email IDs for verification purposes.

Clarifications on Allottee Rights

The term ‘allottees’ refers to individuals who have purchased units and entered into a sale agreement or builder-buyer agreement with the promoter. UP RERA chairman Sanjay Bhoosareddy emphasised the importance of ensuring that every allottee is fully informed about any proposed changes prior to giving their consent. He stated that generic or blanket consent will not be accepted, underscoring the need for detailed disclosure.

UP RERA has observed that some promoters have been obtaining non-specific consent from homebuyers, which has allowed them considerable leeway in altering approved plans. This practice has raised concerns about the potential violation of homebuyers’ rights and the principles of transparency mandated by the RERA Act.

The authority has reiterated the necessity for promoters to adhere strictly to Section 14 of the RERA Act when seeking amendments to project plans. This section is designed to protect the rights of homebuyers and ensure that developers meet their obligations as stipulated in the agreements.

Implications of the RERA Act

The RERA Act serves to safeguard consumer rights within the real estate sector, mandating that developers complete projects according to the approved plans and specifications. Under Section 14, promoters are required to deliver possession of units to allottees as per the terms outlined in the sale agreement.

Furthermore, any significant alterations to the floor plan or project specifications necessitate the written consent of at least two-thirds of the allottees. This consent must accompany applications submitted to the competent authority for approval of revised plans.

The building bye-laws enforced by competent authorities also stipulate compliance with RERA provisions during the approval process of project plans. This alignment is crucial for maintaining the principles of transparency and accountability that are central to the legislation, as highlighted in UP RERA’s statement.

In summary, UP RERA’s new guidelines are intended to reinforce the rights of homebuyers and ensure that any changes to approved project plans are conducted in a transparent manner, with the necessary consent from allottees. This initiative aims to foster trust and accountability within the real estate sector.

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