If plans have been sanctioned by muncipal corporation then garage can be built on vacant space
sake transaction is legal
Change of plan by developer after property registration and completion certificate
I have bought an apartment along with a garage space back in 2015 and the property was registered and posession was given in 2017. The developer handed over the control of the apartment complex to the legally formed association in June 2019 and the mutation was also completed at the same time. The garage space alloted to me is a covered parking space with some vacant space in front of my space. The vacant space is not mentioned as a designated parking space as per the registered deed I signed with the developer and as per the documents handed over by the developer to the association during handover, the same space was simply a vacant space in line with the plan specified in my registered deed. However, last month, I came to know that the vacant space in front of my parking space was changed to a garage space and was sold to another resident in my complex. The concerned person shared the registered he executed with the developer (competed in October 2023) and in the plan I see the vacant space was converted to a garage space in the new plan. My question is once the developer hands over the control to association, does he have the authority to make any changes to an already registered plan and is the last sale transaction legal? And what can a same property has 2 different plans?
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
- As per law, the Developer/Builder cannot make any alterations or additions to the sanctioned plan, layout plans of the entire project and the common areas of the building without obtaining the prior written consent of 2/3rd of the allottees which do not include the builder itself.
- Further, as per Bombay High Court , no additional construction on a housing society plot if the buyers had not been informed.
- Hence, you can lodge a complaint before the Society against the said action of developer and if no action taking place then you can approach the Consumer forum as well.
Dear client,
Sorry to hear about your situation. In India, the Real Estate (Regulation and Development) Act, 2016 (RERA) governs property registration and modifications to the original plan. Without the association's and the affected parties' permission, the developer may no longer make changes to the registered plans after turning over management to the association. Any changes must adhere to the legal procedure specified in RERA. RERA regulations may have been broken if the empty area in front of your parking lot was altered after handover without the required paperwork or association approval. If there was an unapproved change to the initial arrangement, the most recent sale transaction might have been considered unlawful.
Hope this helps you.
The greedy builders will indulge in all sorts of illegal activities for the sake of making quick buck.
The builder has no rights over the property after it was handed over to the association hence the change in the plan is illegal and can be cancelled if taken up properly through court.
You may explore the possibilities to get the latest plan cancelled by filing a suit for mandatory injunction against the builder and implead the society also as a necessary party to claim relief since you cannot directly claim the relief.
once the association of flat buyers is formed and handover is done by the builder to the said association, the builder is out and cannot do anything so far the plans are concerned
it appears that the vacant space in front of your garage was already a garage in the building plans and that is how the builder sold to a buyer in 2023
you will have to get the building plans from the corporation to ascertain if any amendment application was made to amend the approved building plans and by whom
No he can make changes only after consent of all the members
