Section 14 RERA: Adherence to Sanctioned Plans and Project Specifications

Section 14 of the Real Estate (Regulation and Development) Act, 2016 (RERA) protects homebuyers against unauthorised changes in approved project plans and construction specifications. It also imposes a five-year responsibility on the promoter to rectify specified defects after possession.

1. Development according to approved plans - Section 14(1)

The promoter must develop and complete the real estate project in accordance with the sanctioned plans, layout plans and specifications approved by the competent authorities. A sanctioned plan is a plan approved by the relevant statutory or local authority; a promoter cannot treat its approved contents as merely indicative.

2. Changes to an individual apartment - Section 14(2)(i)

Once the approved plans, layout and specifications, including the nature of fixtures, fittings, amenities and common areas, have been disclosed to a person agreeing to acquire an apartment, plot or building, the promoter cannot alter the sanctioned plans, layout, specifications, fixtures, fittings or amenities relating to that unit without the previous consent of that person, subject to the statutory exception for minor changes.

Minor additions or alterations requested by the allottee are permissible. Minor changes necessary for architectural or structural reasons must be duly recommended and verified by an authorised architect or engineer, with proper declaration and intimation to the allottee.

What does not qualify as a minor alteration?

The Explanation to Section 14(2)(i) excludes structural changes, additions to area, changes in height, removal of any part of a building, changes involving walls, partitions, columns, beams, joists, floors (including mezzanine floors) or other supports, changes to required access, ingress or egress, and changes to fixtures or equipment. Such changes cannot automatically be justified as minor alterations.

3. Changes to buildings or common areas - Section 14(2)(ii)

For other additions or alterations to the sanctioned plans, layout plans and specifications of buildings or common areas within the project, the promoter must obtain the previous written consent of at least two-thirds of the allottees, excluding the promoter, who have agreed to take apartments in the relevant building. The statutory consent requirement does not replace any approval independently required from a competent authority.

For this calculation, an allottee is counted as one allottee regardless of the number of apartments or plots booked by that allottee or the allottee's family. The same aggregation principle applies to companies, firms, associations and their associated entities or related enterprises, as stated in the Explanation.

4. Five-year defect liability - Section 14(3)

If an allottee brings to the promoter's notice, within five years from the date of handing over possession, a structural defect, defect in workmanship, quality or provision of services, or failure concerning other promoter obligations under the agreement for sale relating to the development, the promoter must rectify the defect without further charge within 30 days. Failure to rectify within that period entitles the aggrieved allottee to appropriate compensation in the manner provided under RERA.

The five-year period concerns notification of qualifying defects after possession; it is not a general five-year limitation period for every RERA complaint. Evidence of the defect, date of possession and date of written notification can be important in a dispute.

5. Related definitions and provisions

Promoter: Section 2(zk) defines the promoter broadly, including persons who construct or cause construction of buildings or develop land for sale, and other categories specified by the Act. Allottee: Section 2(d) generally covers the person to whom a plot, apartment or building has been allotted, sold or otherwise transferred, excluding a person occupying on rent. Sanctioned plan: Section 2(zq) covers the approved site, building, service, parking, circulation, landscape and other plans and permissions as applicable.

Section 11(4)(a) preserves the promoter's responsibility for defects covered by Section 14(3) even after conveyance. Section 12 addresses misleading advertisements or prospectuses; Section 13 regulates advances and agreements for sale; Section 18 concerns return of amounts and compensation in specified cases; and Section 31 provides a mechanism for complaints to the Regulatory Authority or adjudicating officer, as applicable. State and Union Territory RERA rules and regulations may supply procedural requirements.

6. Practical steps when the promoter violates Section 14

1. Obtain the approved sanctioned and revised plans, project disclosures and agreement for sale from the promoter or relevant RERA authority.
2. Document changes or defects with dated photographs, correspondence and, where appropriate, an independent engineer's report.
3. Notify the promoter in writing, identifying the precise defect or unapproved alteration; for Section 14(3) defects, retain proof that notice was given within five years of possession.
4. If the matter remains unresolved, consider a complaint under Section 31 before the appropriate State or Union Territory RERA forum, seeking suitable directions or compensation according to the Act.

7. Official legal resources

Read the Act and applicable subordinate rules on the India Code official legislation portal. For regulatory guidance and links to State and Union Territory RERA authorities, consult the Ministry of Housing and Urban Affairs and the relevant State RERA portal. State-specific regulations and subsequent amendments should be checked for the project location.