Can a Homebuyer Challenge Unauthorized Construction by a Builder?
Has your builder changed the approved project plan without your consent? Learn when you can challenge unauthorized construction, what RERA allows, and which legal remedies you can pursue.
Yes, homebuyers can challenge any unauthorized construction if it violates approved plans. This also includes violation of applicable laws or their rights under the Real Estate (Regulation and Development) Act, 2016 (RERA). The remedy depends on the type of change, the approvals, and the terms of your agreement.
This blog will guide first-time homebuyers and regular investors on all the solutions available to challenge unauthorized construction.
Can a Homebuyer Challenge a Property Developer for Unauthorized Construction?
Yes. Section 14 of RERA requires developers to follow the sanctioned plans, layout plans, and project specifications approved by the relevant authorities. It also limits the changes they can make after disclosing those plans to buyers.For changes affecting an individual apartment, the developer generally needs the buyer’s prior consent, subject to the law’s limited exceptions. Other changes to the building plans or common areas generally require prior written consent from at least two-thirds of the allottees in that building, excluding the developer. Required approvals from government authorities may also apply.
If a developer builds beyond approved plans or makes changes without the required consent, affected buyers can seek legal remedies.
Major vs. Minor Changes Under RERA – What Can a Builder Change?
RERA distinguishes permitted minor changes from other alterations. However, a major change is not automatically illegal if the developer obtains the required consent and approvals.| Minor Changes or Adjustments | Major Changes or Alterations |
|---|---|
| Limited adjustments needed for architectural or structural reasons | Changes to the building’s structure or height |
| Changes recommended and verified by an authorized architect or engineer, with proper declaration and notice | Adding or removing structural walls, columns, beams, floors, or other supports |
| Minor changes that do not involve structural changes excluded by Section 14 | Changes that add area or alter required access and exits |
| Changes made under RERA’s limited exceptions |
Frequently Asked QuestionsFAQs
Yes. You can approach the relevant RERA authority if the developer’s actions violate RERA or your rights under the Act. The authority will assess the facts and applicable law.
Not freely. Section 14 of RERA sets consent requirements for changes to an apartment and for other alterations to building plans and common areas. Limited exceptions apply.
For specified alterations to building plans, specifications, or common areas, the developer generally needs prior written consent from at least two-thirds of the allottees in that building, excluding the developer.
Depending on the issue, you can approach the relevant state RERA authority or local municipal or development authority. A lawyer can help identify the appropriate forum.
You may be able to seek compensation or other relief if the facts and applicable law support your claim. The outcome depends on the violation, evidence, and legal forum.
Disclaimer: The information presented by TOI Homes, part of The Times of India Group, is for general informational purposes only and does not constitute financial, legal, or investment advice. All data and insights are based on sources believed to be reliable but are not guaranteed for accuracy or completeness and are subject to change due to market conditions. The developer and associated entities are not liable for decisions made based on this information. Real estate investments involve risks, and buyers are advised to conduct independent due diligence and consult certified advisors before investing. TOI Homes does not endorse or promote any specific property or developer unless explicitly stated.
