Plan Changes and New Developers: RERA's Two-Thirds Consent Rule for Mumbai Buyers

A notice arrives on a Mumbai housing project's WhatsApp group: the promoter plans to add floors, or a new developer is taking over the project. For the families who booked flats on the basis of a sanctioned plan and a named promoter, both messages raise the same question. Can this be done without asking us?

Under the Real Estate (Regulation and Development) Act, 2016, the answer for major changes is no. The Ministry of Housing and Urban Affairs spells out the consent rules in its July 2025 FAQs on the Act. Two provisions matter most: Section 14, on changes to sanctioned plans and specifications, and Section 15, on transferring the project to a third party. Both use the same yardstick, the written approval of two-thirds of allottees.

The short answer. MoHUA's FAQ says that for a major modification of sanctioned plans or specifications, the promoter "has to take the approval from two-third of the allottees", and that under Section 15 the promoter "cannot transfer or assign his majority rights and liabilities in the project to a third party, without obtaining the prior written consent of two- third of allottees and the Regulatory Authority." Flats held by the promoter are excluded from the count, and each allottee gets one vote regardless of how many flats they hold. The trade-off: the two-thirds rule gives buyers a real veto as a group, but no single buyer can block a change on their own, so organising early matters.

Can a promoter change the sanctioned plan after selling flats?

Only within limits. The FAQ states: "As per section 14 of the Act the promoter can only modify / amend the sanctioned plans or project specifications, after the approval of the competent authority and its disclosure to the allottees, in case of minor additions or alterations."

So even a minor change needs two things: approval from the competent authority, which in Mumbai is the planning body that sanctioned the building, and disclosure to the allottees. A promoter who simply builds differently from the sanctioned plan is outside what Section 14 allows.

What counts as a major change, and what consent is needed?

For a major modification, the FAQ says, "the promoter has to take the approval from two-third of the allottees before modifying the sanctioned plans or project specification." The approval must come before the change, not after.

The FAQ adds two counting rules that are easy to miss. First, "for arriving at the number of two-third allottees, the number of apartments held by the promoter will be excluded." Unsold inventory does not count toward the promoter's side. Second, "irrespective of the number of apartments held by an allottee he/she shall only be entitled to one vote." An investor holding several flats has the same single vote as a family holding one.

The FAQ does not draw a precise line between minor and major in its answer, so buyers should read the definitions in the Act and the Maharashtra rules, and ask the promoter to state in writing which category a proposed change falls into.

Can a promoter hand the project to another developer?

Not without consent. On Section 15, the FAQ says that "the promoter cannot transfer or assign his majority rights and liabilities in the project to a third party, without obtaining the prior written consent of two- third of allottees and the Regulatory Authority." The same counting rules apply: the promoter's own apartments are excluded and each allottee has one vote.

Note that two separate approvals are required. Even if two-thirds of allottees agree in writing, the Regulatory Authority must also consent. In Maharashtra, that is MahaRERA. Our recent reports on a new developer for Kurla's Building 133 and the stalled Clan City project in Panvel show how changes in who builds a project can reach the courts.

What if the project is abandoned or its registration revoked?

The Act gives allottees a role in finishing it. The FAQ says that under Section 7 the Authority can revoke a project's registration for specified violations, though revocation "is envisaged as a last resort and can only be done after providing a reasonable opportunity of being heard."

After revocation, the FAQ says, Section 8 lets the Authority, in consultation with the appropriate Government, "take action to carry out the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the Authority." It adds that "the association of allottees shall have the first right of refusal for carrying out the remaining development works." For Mumbai buyers in a stalled building, this is the statutory basis for an allottees' association taking over completion.

Does the promoter stay liable for defects after a change?

The defect liability runs from handover. The FAQ says that "As per section 14(2), the promoter shall be liable for 5 years form the date of handing over of possession to the allottee towards structural defect or any other defect as specified therein." It adds that "It is the duty of the promoter to rectify such defects within 30 days and if promoter fails to do so, the aggrieved allottees shall be entitled to receive appropriate compensation as provided under the Act."

Disputes under Section 14 go to the Adjudicating Officer. The FAQ says this officer "is mandated to adjudicate on disputes arising under section 12, 14, 18 and section 19" and "shall be a person who is or has been a District Judge."

Two other provisions are worth keeping in view when a project changes shape. The FAQ says that under Section 12, "the promoter is responsible for the veracity of all information contained in the advertisement and the prospectus," and that in case of loss due to false information, "the promoter is liable to make good the loss sustained due to the same." Buyers facing a plan change should keep the brochures and advertisements they relied on. And under Section 61, the FAQ says a promoter who defaults on any other provision of the Act or the Rules and Regulations "shall be liable to a penalty upto five percent of the estimated cost of the real estate project."

Section 17 also stays relevant after any change of developer. The FAQ says it "provides for detailed provisions regarding transfer of title of the apartment to the allottee and the undivided proportionate title in the common areas of project to the association of the allottees," and that "it shall be the responsibility of the promoter to handover the necessary documents and plans to the association of the allottees or the competent authority, as the case may be."

How should allottees respond to a consent request?

As a group, and on paper. Because a single allottee cannot block a major change alone, the practical protection is collective. The FAQ says allottees' duties under Section 19 include participating "in formation of association". It also says that Section 2(n) defines common areas to include "community and commercial facilities", which are "to be handed over to the Association of Allottees." A formed association is better placed to read a proposal, seek clarifications and respond within any deadline the promoter sets.

Remember also that consent is a promoter's obligation to obtain, not a buyer's obligation to give. If a proposal reduces common areas or changes your flat, you can ask for the revised plan, the competent authority's approval status and the reason for the change before signing anything. The FAQ notes that Section 19 empowers the allottee "to obtain information regarding sanctioned plans, layout plans, and schedule for project completion."

What should a Mumbai buyer check when a change is proposed?

1. Ask the promoter to state in writing whether the change is a minor alteration or a major modification under Section 14.
2. Request the revised plan and the competent authority's approval or application status.
3. For a transfer to a new developer, ask whether MahaRERA's consent has been sought under Section 15.
4. Check how the two-thirds count is being calculated, excluding the promoter's own flats and allowing one vote per allottee.
5. Form or join the allottees' association so the response is coordinated.
6. Keep a copy of every consent form you are asked to sign, and do not sign blank or undated forms.
7. Note your possession date, because the five-year defect liability under Section 14(2) runs from handover.

Frequently asked questions

Can a promoter add floors to a Mumbai project after I book a flat?

MoHUA's RERA FAQ says Section 14 allows minor additions or alterations only after competent authority approval and disclosure to allottees. For a major modification of sanctioned plans or specifications, the promoter must take approval from two-thirds of the allottees before modifying, excluding flats held by the promoter.

How is the two-thirds consent of allottees counted?

According to MoHUA's FAQ, apartments held by the promoter are excluded when arriving at the number of two-thirds allottees. Irrespective of the number of apartments an allottee holds, he or she is entitled to only one vote. The same counting rules apply to plan changes under Section 14 and transfers under Section 15.

Can a developer sell my project to another builder?

MoHUA's FAQ says that under Section 15 the promoter cannot transfer or assign majority rights and liabilities in the project to a third party without the prior written consent of two-thirds of allottees and the Regulatory Authority. Both approvals are required, so allottee consent alone is not enough.

How long is a promoter liable for structural defects?

MoHUA's FAQ says that under Section 14(2), the promoter is liable for five years from the date of handing over possession for structural defects or other specified defects. The promoter must rectify them within 30 days, failing which aggrieved allottees are entitled to appropriate compensation under the Act.

This article explains the Ministry of Housing and Urban Affairs' general FAQs for information only and is not legal advice. The FAQ itself notes it is not a final interpretation of the Act.

Last updated 2026-11-09. PropNewz Team.