East Bengaluru buyer answers
Can a builder change the plan after I book a flat?
Direct answer: Not freely. Under section 14(2) of the RERA Act, once plans and specifications are disclosed to you, the builder needs your prior consent to change your apartment, and the prior written consent of at least two-thirds of allottees to change the building or common areas. Only limited minor changes are exempt.
Disclosure: acre&key’s advice is free to buyers; we are an authorised sales partner for some projects and may be paid by the developer.
Verify with your lawyer: This page explains the RERA Act as published, not legal advice. Have your own property lawyer review the documents for your specific flat before you sign, pay or file anything.
A buyer in an under-construction tower hears that an extra floor is coming, or that the clubhouse is moving to make room for another block. Either change can affect what you paid for. The RERA Act deals with this directly, and the answer turns on what was disclosed to you and what kind of change is proposed.
What does section 14 say about changes?
Section 14(1) starts with the basic duty: the 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."
Section 14(2) then applies "notwithstanding anything contained in any law, contract or agreement". Once the sanctioned plans, layout plans, specifications and the nature of fixtures, fittings, amenities and common areas have been disclosed to the person who agrees to take the apartment, the promoter can't make:
- (i) changes to your apartment (the sanctioned plans, layout, specifications, fixtures, fittings and amenities for the unit you've agreed to take) "without the previous consent of that person"; or
- (ii) any other alterations or additions to the sanctioned plans, layout plans and specifications of the buildings or the common areas "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" (RERA Act, s.14).
The words "notwithstanding anything contained in any… contract or agreement" matter. A clause in a booking form that says the builder may change plans at its discretion doesn't override section 14(2).
What counts as a minor change?
The proviso to section 14(2)(i) allows two kinds of minor change without fresh consent:
- minor additions or alterations that you ask for; and
- minor changes "necessary due to architectural and structural reasons duly recommended and verified by an authorised Architect or Engineer after proper declaration and intimation to the allottee".
The Explanation narrows "minor" sharply. It excludes structural change, including "an addition to the area or change in height, or the removal of part of a building, or any change to the structure", such as cutting into a wall, column, beam, joist or floor. It also excludes a change to or closing of any required means of access, and a change to the fixtures or equipment. So an extra floor, a bigger footprint or a moved entrance isn't minor, and the architect's certificate route doesn't cover it.
How does the two-thirds rule work?
For changes to the building or common areas, the promoter needs the prior written consent of two-thirds of the allottees in that building, not counting the promoter itself.
The Explanation stops the count being gamed. An allottee is counted as one, "irrespective of the number of apartments or plots… booked by him or booked in the name of his family". Companies, firms and their associated entities are also counted once. So a builder can't reach two-thirds through units held by its own group or a few bulk buyers.
The same two-thirds idea appears in section 15. A promoter can't transfer or assign its majority rights and liabilities in a project to a third party without the prior written consent of two-thirds of the allottees (again excluding the promoter) and the prior written approval of the Authority. If you hear that a project is changing hands as well as changing plans, both consent rules are worth asking about.
What should I check when I book?
The rule depends on what was disclosed, so collect it:
- The sanctioned plan and layout plan uploaded on the project's Karnataka RERA page. Our guide to checking a project on the Karnataka RERA website shows where to find them.
- The specifications, fixtures, fittings and amenities list attached to your agreement.
- Section 11(3) says that at booking and allotment the promoter must make available the sanctioned plans, layout plans and specifications, and the stage-wise schedule of completion. Ask for copies with a date.
- Read the agreement's clause on changes alongside section 14(2). See what to check in the builder's sale agreement.
Keep the brochure too. Section 12 makes the promoter compensate anyone who pays on the basis of an advertisement or model flat that turns out to be false.
What can I do if the builder changes the plan without consent?
Start with a written request for the revised sanctioned plan and the consent record. If you weren't asked, or the two-thirds count wasn't met, you have routes under the Act:
- Complaint to Karnataka RERA under section 31 for a violation of section 14. Here is how to file a complaint with Karnataka RERA.
- Section 18 applies if the promoter can't hand over the apartment in accordance with the agreement, giving the choice to withdraw with refund and interest, or stay and receive interest for the delay.
- Other buyers in the building. Changes to common areas affect everyone, and the two-thirds consent is counted across all allottees, so compare notes with other buyers before you write to the builder or complain.
Act quickly. Once a new floor or block is built, undoing it is harder than stopping it.
Does approval by the planning authority make the change legal?
Not by itself. Section 14(1) requires the project to follow the plans "as approved by the competent authorities", and section 14(2) separately requires buyer consent once those plans have been disclosed to you. A revised approval and buyer consent are two different requirements, and one doesn't replace the other. Ask the builder for both the revised approved plan and the consent record, and have your lawyer check them.
What about changes after possession?
Once you've taken possession, other parts of the Act take over. Section 14(3) covers structural and workmanship defects reported within five years; see defects after possession under RERA. Changes to common areas after handover are a matter for the association and local law.
Frequently asked questions
Can a builder add a floor after I book?
Not without the prior written consent of at least two-thirds of the allottees in that building under section 14(2)(ii). An addition to height or area is not a minor change.
Does a clause in my booking form allow the builder to change plans?
Section 14(2) applies notwithstanding any contract or agreement, so a general discretion clause doesn't remove the consent requirement.
Can the builder change my flat's layout?
Only with your previous consent, except for minor changes you request or minor non-structural changes certified by an architect or engineer and intimated to you.
How are allottees counted for the two-thirds rule?
Each allottee counts once, however many flats they or their family have booked. Companies and their associated entities also count once, and the promoter is excluded.
Where do I complain if the plan was changed without consent?
To Karnataka RERA under section 31. Keep the disclosed plans, your agreement and any notice of the change as evidence.
References
- Real Estate (Regulation and Development) Act, 2016, ss. 11(3), 12, 14, 18, 31. https://rera.karnataka.gov.in/resources/staticpage/Real_Estate_Act.pdf, accessed 17 Oct 2026.
- Karnataka RERA FAQs. https://rera.karnataka.gov.in/resources/staticpage/KARNATKA_FAQs.pdf, accessed 17 Oct 2026.
- Karnataka RERA portal (project search). https://rera.karnataka.gov.in/, accessed 17 Oct 2026.
This page explains public rules and processes. It isn't legal or tax advice. acre&key gives buyers advice for free. We are an authorised sales partner for some projects and may be paid by the developer.