Your Builder Changed the Layout. Section 14 Requires Consent

What does Section 14 of RERA cover?

Section 14(1) of the Real Estate (Regulation and Development) Act, 2016 requires the promoter to develop and complete the project in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities.

Section 14(2) then limits changes after those plans and specifications have been disclosed to the allottee. It distinguishes between changes to a particular apartment, which engage the consent of that allottee, and changes to the sanctioned plans, layout plans and specifications of the building or the common areas, which engage the written consent of a defined proportion of allottees rather than the promoter alone.

Section 14(3) deals with defects after possession, and is covered later in this guide.

The sanctioned plan is therefore the reference point for everything in this guide. Download it from the State RERA project page when you book, save it with the date, and compare it with the brochure. Where the two already differ at booking, raise it then, because a difference that existed from the start is far easier to deal with before you pay than after construction.

Changes to your own apartment

Under Section 14(2)(i), the promoter cannot make additions or alterations in the sanctioned plans, layout plans, specifications and the nature of fixtures, fittings and amenities described in respect of your apartment without your previous consent.

There is a proviso for minor additions or alterations that you ask for, or that are needed for architectural and structural reasons, duly recommended and verified by an authorised architect or engineer after proper declaration and intimation to you. The Act explains that minor additions or alterations exclude structural changes, including an addition to the area or a change in height, the removal of part of a building, or any change to the structure, such as the construction or removal of a wall or any part of a wall, a column or a beam.

So a moved switchboard or a swapped tile brand of the same specification is the kind of thing the proviso contemplates. A smaller bedroom, a removed wall, a different floor height or a balcony that disappears is not.

Does the builder need two-thirds consent to change the layout?

Yes, for changes to the building or common areas. Under Section 14(2)(ii), the promoter cannot make any other alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in the building.

The Act adds that an allottee is counted as one regardless of how many apartments that allottee has booked. That stops a single investor holding many units from supplying the consent on everyone's behalf, and it excludes units held by the promoter itself.

In practice, this is where most disputes sit. Amenities described at sale, an open area, a clubhouse, a landscaped space, form part of what buyers priced into their decision, and they are also the parts most easily reduced when a project runs late or over budget. A promoter reallocating common area without the required consent is doing something the section addresses directly.

Which changes need whose consent?

Watch for consent buried in paperwork

Some agreements include a clause in which the buyer consents in advance to any future changes the promoter may make, or the builder circulates a consent form with a demand letter. Whether a general advance consent satisfies the specific, previous consent that Section 14 contemplates is doubtful, and it is better not to rely on that argument. Strike or narrow such clauses before signing.

Read every form sent to you during construction. A short letter asking you to agree to a revised plan for the project is exactly how two-thirds consent is collected. If you do not agree, say so in writing. If you do, ask for the revised plan to be attached so you know what you consented to.

A revised sanction from the municipal or development authority deals with planning law. It does not by itself supply the allottee consent that Section 14 requires, so a builder who points to a fresh municipal approval has answered only half the question.

What about defects after possession?

Section 14(3) provides that where any structural defect, or any other defect in workmanship, quality or provision of services, or any other obligation of the promoter under the agreement for sale, is brought to the notice of the promoter within five years from the date of handing over possession, it is the promoter's duty to rectify it without further charge within 30 days. If the promoter fails to do so, the aggrieved allottee is entitled to appropriate compensation in the manner provided under the Act.

That is a meaningful protection, and it is frequently unknown to buyers, who assume that once possession is taken the promoter's obligations end. The practical requirement is notice: defects have to be brought to the promoter's attention within the period, in writing, with a record.

Example: a family in Chennai takes possession in March 2024. In the 2026 monsoon, seepage appears through an external wall and cracks open along a beam. They write to the promoter with photographs in August 2026, well within five years. The promoter has 30 days to repair without charge. If it does not, they can complain to the State RERA authority and seek compensation, including the cost of having the work done by someone else, supported by quotations and invoices.

What can you ask for if the change has already happened?

The remedy depends on the stage of the project and the nature of the change. Before completion, allottees acting together can ask the authority to direct the promoter to build in accordance with the sanctioned plan, which is far easier while the change is still on paper or partly built.

After completion, restoration may be impractical, for example where a tower has been built on land shown as open space. The realistic outcomes then shift towards compensation and, in some cases, other directions the authority considers appropriate. Where the change goes to the heart of what you bought, such as a much smaller flat, Section 18 is also relevant, since it covers a promoter who fails to complete an apartment in accordance with the terms of the agreement for sale. Whether withdrawal with a refund is available on your facts is a question for an advocate.

Whichever route applies, act early. A change challenged while construction is under way is a planning problem the promoter can still fix. The same change challenged five years later is a compensation claim with a weaker hand.

What to keep

• The brochure, floor plan and layout plan you were shown at sale, with dates.
• The sanctioned plan as disclosed on the State RERA record, downloaded at the time of booking, since records can be updated later.
• Price sheets and any written description of amenities and specifications, including brand names of fittings.
• Emails and messages with the sales team, which frequently contain commitments the agreement does not.
• Every consent form or letter you received about plan changes, and your replies.
• Photographs and video at handover, which establish the condition and configuration at that date.

Raising it

Where a change has been made, raise it in writing promptly, identifying what was shown, what was delivered and when you noticed. Delay weakens a complaint both practically and, for defects, against the five-year period.

Where the change affects common areas or the project generally, other allottees are in the same position, and a collective approach is usually more effective than individual correspondence. Under Section 31, a complaint can be filed by an association of allottees as well as by an individual. Complaints go to the State authority, and how that process runs varies by State, which is worth advice locally.

A short letter template: "The sanctioned plan disclosed on the RERA portal at the time of my booking shows [feature]. The project as built shows [change]. I have not given consent to this change under Section 14(2) of the Real Estate (Regulation and Development) Act, 2016. Please confirm within 15 days whether consent of two-thirds of allottees was obtained, and share copies."