A builder cannot quietly change the sanctioned layout, shrink the common areas, or drop the amenities it advertised. Under RERA, major changes need two-thirds of allottees' consent, and false promises are actionable.
In plain words: a builder cannot quietly change the sanctioned layout, shrink the common areas, or drop the clubhouse, pool and green spaces it advertised. Under RERA, major changes need the consent of two-thirds of the buyers, and a false promise you relied on is actionable.
The problem
The brochure promised a clubhouse, pool, large open spaces and wide roads. What gets delivered is smaller, missing, or replaced with extra towers — while the sanctioned plan is quietly altered.
What RERA says
- Build as sanctioned. Section 14(1)-(2): the project must be developed in accordance with the sanctioned plans, layout and specifications. There can be no alteration to the sanctioned plans, structural design, or common areas without consent — minor additions as certified by the architect, but other alterations require the written consent of at least two-thirds of the allottees.
- False advertising is actionable. Section 12: if you paid relying on a false or misleading advertisement or prospectus, you can withdraw with a refund plus interest, or claim compensation.
- Defects are the builder's problem. Section 14(3): structural or quality defects pointed out within five years of handover must be rectified free of charge within 30 days.
What you can do, step by step
- Compare the sanctioned plan and the brochure with what is actually being built.
- Object in writing to unauthorised changes.
- Claim under Section 14 (unauthorised alteration) or Section 12 (false promise) before HRERA Gurugram.
How Vakil Help Desk helps
We hold builders to the sanctioned plan and their advertised promises, and pursue refunds or compensation where they cut corners. If your project isn't what you were promised, contact Vakil Help Desk.
General information on RERA, not legal advice.