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Promoters need majority consent to modify amenities: Karnataka REAT

#Law & Policy#Infrastructure#India#Karnataka
Synopsis

The Karnataka Real Estate Appellate Tribunal (KREAT) has held that promoters cannot make changes to project plans, specifications or common amenities without obtaining the required consent from homebuyers. The ruling arose from a dispute involving Sobha Sentosa in Bengaluru, where buyers alleged that certain features shown in the project’s approved plans and promotional material were altered. The tribunal’s decision reinforces the consent requirement under the Real Estate (Regulation and Development) Act, particularly for changes affecting common areas and amenities. It also highlights the importance of approved plans and representations made to prospective buyers.

The Karnataka Real Estate Appellate Tribunal (KREAT) has reiterated that real estate promoters cannot unilaterally alter project plans or modify promised amenities without obtaining the consent required under the Real Estate (Regulation and Development) Act, 2016. 
The ruling relates to a dispute involving Sobha Sentosa in Bengaluru, where homebuyers challenged changes they alleged had been made to features shown when they booked their apartments. The Greater Bengaluru Authority had approved the project's master plan, architectural layout and amenities list in March 2022. These details were also reflected in the material used to market the development. 
The buyers alleged that some features subsequently differed from what had been represented to them. Among the issues raised were changes to bedroom windows and landscaping elements. They claimed that French windows shown in the original plans had been replaced with different window arrangements, affecting the amount of natural light and ventilation available in the rooms. 
The residents also objected to alterations in the landscaping and alleged that features such as a Super Tree and gazebo, which had appeared in the project's original concept, were removed or changed. The dispute therefore involved not only physical modifications but also whether features presented to purchasers could subsequently be altered without the prescribed approval process. 
The promoter disputed the allegations and maintained that a substantial majority of purchasers had accepted the changes. It stated that 82% of buyers had approved the modifications to the windows and argued that the changes were consistent with the sanctioned plan and did not compromise structural safety. 
At the heart of the matter is Section 14 of the RERA Act. The provision requires a promoter to develop a project in accordance with its sanctioned plans, layout plans and specifications. It also restricts changes to the nature of fixtures, fittings and amenities disclosed to buyers without the applicable consent. For alterations to buildings or common areas, written consent from at least two-thirds of the allottees is required. 
The requirement is different for changes specifically affecting an individual apartment. In such cases, the concerned allottee's prior consent is generally required, subject to the limited exceptions provided under the law for minor changes and certain alterations arising from architectural or structural requirements. 
The distinction makes the tribunal's ruling significant for housing projects where developers seek to revise amenities during construction. Changes to landscaping, recreational facilities or other shared project features cannot simply be treated as routine modifications if they fall within the plans and specifications on which buyers based their purchases. 
The decision also reinforces the importance of the documents and representations available to purchasers at the time of booking. Approved plans, specifications, brochures and other project information can become relevant when determining whether a subsequent change amounts to an alteration requiring buyer consent. 
The case also illustrates the broader role of collective consent in large residential developments. Because common amenities serve multiple apartment owners, RERA provides a higher threshold for changes affecting shared facilities rather than allowing decisions to be made solely between a promoter and individual purchasers. 
For developers, the ruling underscores the need to establish a clear consent process before changing project features. It also makes documentation of buyer approvals important, particularly where modifications are proposed after sales have commenced. 
For homebuyers, the decision strengthens the significance of reviewing sanctioned plans and promised specifications before purchasing a property. It also provides a regulatory basis for questioning material changes to facilities or common areas that were part of the original project offering. 
The KREAT ruling therefore reinforces a central principle of RERA: project features disclosed to buyers cannot be freely altered after bookings are made. Where proposed changes go beyond permitted minor modifications, promoters must follow the statutory consent mechanism before proceeding.

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