Project Handed to a New Developer? RERA Section 15 Consent Rules for Mumbai Buyers
When a Mumbai developer hands a project to another company, RERA Section 15 requires consent from two-thirds of allottees and MahaRERA's approval, keeps existing bookings intact and bars extra completion time. How the vote is counted and what to check before signing.
A letter arrives at a Mumbai flat buyer's home: the developer of the tower they booked in is handing the project to another company, and buyers are asked to sign a consent form. The new name on the letterhead is unfamiliar. The possession date in the agreement is eighteen months away. Before signing, the buyer needs to know what the law asks of both builders, and what it protects.
The short answer. Under Section 15 of the Real Estate (Regulation and Development) Act, 2016, a promoter shall not 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, other than the promoter, and the prior written approval of the Authority. Once permitted, the incoming promoter must comply with all pending obligations under the Act and the agreements for sale, and the transfer does not extend the time to complete the project. The trade-off: a new developer can revive a project, but your consent is one of the few points where buyers collectively hold leverage, so read the terms before you sign.
What does RERA Section 15 require before a project changes hands?
It requires two approvals: one from the buyers and one from the regulator. Section 15(1) says the promoter shall not transfer or assign its majority rights and liabilities in a real estate project to a third party without obtaining prior written consent from two-third allottees, except the promoter, and without the prior written approval of the Authority.
The Ministry of Housing and Urban Affairs FAQs on RERA put it the same way, describing the promoter's obligation as obtaining the prior written consent of two-third of allottees and the Regulatory Authority before transferring majority rights and liabilities to a third party. In Maharashtra, the Authority is MahaRERA.
The word "majority" matters. The section covers a transfer of the promoter's majority rights and liabilities in the project, which is the situation buyers usually mean when they say a project has been "taken over" by another developer.
How is the two-thirds consent counted?
One allottee, one vote, with the promoter's own units left out. The explanation to Section 15(1) says that an allottee, irrespective of the number of apartments or plots booked by them or in the name of their family, or by companies, firms or associations in their own name or in the name of associated entities or related enterprises, shall be considered as one allottee only.
The MoHUA FAQs add that for arriving at the number of two-third allottees, the number of apartments held by the promoter will be excluded, and that irrespective of the number of apartments held by an allottee, they shall only be entitled to one vote.
For buyers, this design means a builder cannot reach two-thirds by counting its own unsold stock, and an investor who bought ten flats does not get ten votes. If a consent drive is under way in your project, ask how many allottees there are and how the count is being recorded.
| Question | What Section 15 says | What it means for you |
|---|---|---|
| Who must agree | Two-thirds of allottees, other than the promoter | Your written consent counts toward the threshold |
| How votes are counted | Each allottee counts as one, regardless of units held | Multiple flats in one family still mean one vote |
| Regulator's role | Prior written approval of the Authority | Check MahaRERA's records for the approval |
| Existing bookings | Transfer shall not affect allotments or sales already made | Your allotment continues with the project |
| Completion date | Transfer shall not extend the time to complete | The new promoter inherits the existing deadline |
What happens to your booking after a transfer?
It stays in place. The proviso to Section 15(1) says that such transfer or assignment shall not affect the allotment or sale of the apartments, plots or buildings in the project made by the erstwhile promoter.
Section 15(2) then says that on the transfer being permitted by the allottees and the Authority, the intending promoter shall be required to independently comply with all the pending obligations under the Act, rules and regulations, and the pending obligations as per the agreement for sale entered into by the erstwhile promoter with the allottees.
In plain terms, the new developer steps into the old developer's shoes for every promise still outstanding: the flat, the specifications, the amenities and the timelines in your agreement. Our guide to allottee rights and duties under RERA for Mumbai buyers sets out what those promises usually include.
Does a new developer get extra time to finish?
No, not through the transfer itself. The proviso to Section 15(2) says that any transfer or assignment permitted under the section shall not result in extension of time to the intending promoter to complete the real estate project, and that in case of default the intending promoter shall be liable to the consequences of breach or delay under the Act.
That proviso is a strong protection, and it is worth quoting back if a consent letter suggests a fresh timeline. If the incoming developer wants more time, that is a separate request, and the same proviso makes the intending promoter liable to the consequences of breach or delay under the Act, which include the remedies in Section 18. Our explainer on Section 18 refund or interest for delayed flats in Mumbai explains those remedies.
Buyers sometimes agree to new dates in exchange for a revival they believe is otherwise unlikely. That is a commercial choice, not a legal requirement. Make it knowingly, in writing, and with a clear understanding of what you are giving up.
What should you check before signing a transfer consent?
Treat the consent form like a contract amendment, because in practice it often works like one. The checklist below focuses on documents you can ask for and facts you can verify.
- Ask for the full identity of the incoming promoter, including its company details and its existing MahaRERA registrations.
- Request a written statement that the new promoter will honour your agreement for sale, including price, carpet area and possession date.
- Check whether the consent form contains any new possession date or waiver, and strike out anything you do not accept.
- Ask how many allottees exist in the project and how the two-thirds consent is being counted.
- Confirm that the transfer will be placed before MahaRERA for its prior written approval.
- Ask what happens to money you have already paid and where future payments must be made.
- Keep a signed copy of the consent you give, with the date and the version of any document you relied on.
Consider talking to other buyers before anyone signs. A consent threshold of two-thirds means buyers acting together can ask for written commitments, such as a confirmed construction schedule or escrow arrangements for future payments, before enough signatures are collected. Once two-thirds have signed, that leverage is largely spent. If your project has an association of allottees or an informal buyers' group, use it to share the consent documents, compare what each buyer was told, and agree on the questions to put to both developers. A short, common list of written questions often gets clearer answers than many separate phone calls.
Who counts as the promoter if the builder and seller are different?
Both can. The definition of promoter in Section 2(zk) of the Act includes a person who constructs a building for sale and their assignees, and its explanation says that where the person who constructs and the person who sells are different persons, both of them shall be deemed to be the promoters and shall be jointly liable for the functions and responsibilities under the Act.
This matters in Mumbai, where landowners, redevelopment developers and marketing partners often share a project. If a project has more than one party on the developer side, a transfer by one of them can raise questions about who now carries which obligations. Ask for a clear written answer before you consent.
The definition also covers a person who claims to be acting as the holder of a power of attorney from the landowner. If the incoming party describes itself that way, it is still within the Act's definition of promoter.
What if a project is transferred without consent?
You can raise it with MahaRERA. Section 31(1) of the Act says any aggrieved person may file a complaint with the Authority or the adjudicating officer for any violation or contravention of the Act or the rules and regulations against any promoter, allottee or real estate agent.
Collect what you would need to show the change: letters announcing the new developer, demand notes issued in a new name, any change in the project's details on the MahaRERA portal and your own correspondence. If other buyers received the same letters, a joint approach through your association or a group of allottees can be more effective than individual complaints.
Plan changes follow a similar consent logic under Section 14 of the Act, which our explainer on Section 14 plan changes in Mumbai covers. The common thread is that major changes to what you bought are meant to involve you.
Frequently asked questions
Can a builder sell a RERA project to another developer?
Yes, with approvals. Section 15(1) of the RERA Act requires the prior written consent of two-thirds of the allottees, other than the promoter, and the prior written approval of the Authority before a promoter transfers or assigns its majority rights and liabilities in a project to a third party.
Does my flat booking survive a change of developer?
Yes. The proviso to Section 15(1) says a permitted transfer shall not affect the allotment or sale of apartments made by the erstwhile promoter. Under Section 15(2), the incoming promoter must independently comply with all pending obligations under the Act and under the agreements for sale signed by the earlier promoter.
Does the new developer get more time to complete?
Not through the transfer. The proviso to Section 15(2) says a permitted transfer shall not result in extension of time to the intending promoter to complete the project, and that the intending promoter is liable to the consequences of breach or delay under the Act in case of default.
How is the two-thirds consent counted under Section 15?
Each allottee counts as one, irrespective of the number of apartments booked by them, their family or associated entities, under the explanation to Section 15(1). The MoHUA FAQs add that apartments held by the promoter are excluded when arriving at the two-thirds figure.
Last updated 2026-10-22. PropNewz Team.
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