Legal remedy

Q: Hi what if the developer changes the number of floors in the building I.e someone who has bought 2nd last floor from top and the builder removes the top floor and the 2nd last becomes the top floor. What is the legal remedy for this issue? All this done without informing the buyer.

Mohammed Usman,

24th November 2015

Legal in Thane

layout changed by builder

floor plan changed by builder

legal remedy against builder

Follow Discussion

Also see discussions for

Thane Legal Legal in Thane

Replies (1)

Hi Usman,
It is illegal. As per "Apartment Acts" across the country does not allow layout plans to be changed without the permission of existing home buyers. Recently, Supreme Court also confirmed that a developer can not make modifications in the layout plan and floor plan without the consent of existing residents. However, most of the developers are still violating these laws. They have been adding extra towers by reducing the common areas of societies. You can take legal step for that.

Shalini Parikh, Mumbai

26th November 2015

Comment

I think Shalini is right.
And i would like to suggest the buyers that check all the original layout plan before buying a house. Project approvals such as layout plans are most important documents among others. If you are booking an apartment, make sure that you validate the approved layout plan. You have to be careful while validating the plan, make sure that the developer is showing you the original layout plan. A revised layout plan ideally carries a stamp that reads “REVISED”.

Rajiv,

26th November 2015