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In a significant ruling strengthening homebuyer rights, the West Bengal Real Estate Regulatory Authority (WB RERA) Appellate Tribunal has held that promoters must obtain prior consent from homebuyers before making any changes to common areas of a real estate project. The tribunal clarified that common facilities form an integral part of the agreement with buyers and cannot be altered unilaterally. The decision reinforces transparency and accountability in project development, addressing long-standing complaints from buyers about post-sale modifications. The ruling is expected to set an important precedent, offering greater protection to homebuyers and compelling developers to strictly adhere to approved plans and statutory obligations.
The West Bengal Real Estate Regulatory Authority (WB RERA) Appellate Tribunal has delivered a landmark order in favour of homebuyers, ruling that real estate promoters must obtain explicit consent from buyers before carrying out any changes to common areas within a project. The decision reinforces the principle that common facilities promised at the time of sale are a shared right of allottees and cannot be modified at the discretion of developers. Advertisement
The tribunal observed that common areas such as lobbies, open spaces, amenities, and shared infrastructure are part of the consideration for which buyers invest in a project. Any alteration, reduction or repurposing of these areas without consent amounts to a violation of buyers rights and undermines the spirit of real estate regulations designed to ensure fairness and transparency.
The ruling came while adjudicating a dispute in which homebuyers objected to changes made by a promoter in designated common spaces. The tribunal held that even if alterations are presented as minor or operationally necessary, they cannot bypass the statutory requirement of obtaining approval from the affected allottees. Consent, the tribunal clarified, must be informed and in accordance with the provisions governing real estate development.
By reiterating the obligation of promoters to strictly adhere to sanctioned plans and disclosures made at the time of booking, the tribunal underscored the importance of trust in the real estate transaction process. It noted that unilateral changes not only affect the quality of life of residents but can also impact property value and long-term usability of the project.
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