Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide
(1) The proposed project shall be developed and completed by the promoter in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities.
(2) Notwithstanding anything contained in any law, contract or agreement, after the sanctioned plans, layout plans and specifications and the nature of the fixtures, fittings, amenities and common areas, of the apartment, plot or building, as the case may be, as approved by the competent authority, are disclosed or furnished to the person who agree to take one or more of the said apartment, plot or building, as the case may be, the promoter shall not make--
(i) any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, which are agreed to be taken, without the previous consent of that person:
(ii) 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 such building.
(3) In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.
Legal Commentary & Landmark Judgments: Section 14
Section 14 of RERA strictly binds the promoter to develop the project according to sanctioned plans and specifications, prohibiting major structural alterations without the written consent of two-thirds of the allottees.
Sub-section (3) introduces a statutory structural defect liability period of five years from the date of handing over possession, requiring the promoter to rectify any structural or workmanship defect within thirty days free of cost.
The 5-year structural defect warranty under Section 14(3) represents an enormous legal protection for homebuyers. If the promoter fails to rectify structural defects or inferior workmanship within thirty days of notice, the aggrieved allottee is entitled to receive appropriate statutory compensation under the Act.