Changing Project Plans is Illegal, Says RERA

Hyderabad: Builders making changes to approved project plans — such as adding floors, shifting amenities, or modifying flat layouts — without informing buyers are violating the law, according to the Telangana Real Estate Regulatory Authority (TGRERA). Several such cases have been registered with RERA, where builders proceeded with changes without obtaining the required consent from buyers.

According to RERA, once a buyer agrees to purchase a property based on the approved layout and specifications, the builder cannot make changes to the structure, design, or common areas without the buyer’s consent. If the changes affect the overall layout or structure of the building, the consent of at least two-thirds of the buyers is mandatory.

Even minor changes — such as relocating a sewage treatment plant (STP) or modifying the number of bedrooms in a flat — can lead to a violation if carried out without informing the buyers. For example, in some projects, buyers booked 2BHK flats as shown in brochures, but during construction, these were altered into smaller 3BHKs without informing them.

In other cases, changes to views and amenities, such as shifting the location of a park, have misled buyers. For example, a buyer who booked a flat for its promised park view may not find that view if the park is moved. This requires clear prior intimation and consent under RERA norms.

Another major issue arises with the sharing of amenities. When builders increase the number of units by adding extra floors or blocks using Transferable Development Rights (TDR), the existing buyers end up having to share common facilities—like clubhouses, parks, and swimming pools—with more people than originally planned. This reduces access and convenience for early buyers, and such changes require prior approval.

A growing concern is the use of TDR by builders to add additional floors after the original approval. When extra floors are built, it alters the undivided share of land (UDS) originally assigned to flat buyers, which can lead to disputes. For example, if a builder initially obtains approval for 14 floors and then decides to add two more floors using TDR, the newly added flats will not have a corresponding UDS unless the entire land share is recalculated — a process that must involve existing buyers. While some builders mention the possibility of extra floors in the brochure and obtain all necessary approvals in advance, others attempt to do so midway through construction without informing the buyers, which is a clear violation.

RERA has already registered around 15 complaints related to such violations, where sanctioned layouts were altered without buyer consent.

In one of the cases registered with RERA, a homebuyer complained that the builder did not provide car parking spaces as promised and that the size of the parking spots was smaller than what the rules require. The buyer also stated that the builder sold more parking spaces than were shown in the approved plan.

“Under Section 14(1), if any changes or alterations are to be made to the sanctioned plan, the builder must obtain consent from the buyers. Principally, they are obliged to ask the allottees, or it should be clearly written in the agreement that any changes are subject to buyer approval. The approval of at least two-thirds of the buyers is mandatory. Even local bodies or sanctioning authorities must ensure that this consent is obtained before approving any revised plans,” said Srinivas Rao, TGRERA member.