Five Flats, One Vote: How RERA Counts Buyer Consent for Plan Changes and Project Transfers
Sections 14(2)(ii) and 15(1) of the RERA Act require two-thirds of allottees, other than the promoter, to consent to building or common area changes and project transfers. Their Explanations count each person, family or company group as one allottee. This guide shows how to count, with a worked example and a checklist.
The notice on the society noticeboard asks owners to sign a consent form. The builder wants to add a floor, shift the clubhouse or hand the unfinished towers to another developer, and says it needs two-thirds of the buyers to agree. In a Bengaluru project where some families or firms have bought several flats, the obvious question is how the votes are counted. Does a buyer with five flats get five signatures?
Under the Real Estate (Regulation and Development) Act, 2016, the answer is no. For the consent thresholds that protect buyers against major changes, the Act counts each person, family or business group as one allottee. This guide explains where that rule applies, how to count, and what a buyer should check on a consent form.
The short answer. Section 14(2)(ii) of the Act says the promoter shall not make alterations or additions to the sanctioned plans, layout plans and specifications of the buildings or common areas without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in the building. Section 15(1) requires prior written consent from two-thirds of allottees, except the promoter, and the Authority's prior written approval before a promoter transfers its majority rights and liabilities in a project to a third party. Both carry an Explanation saying an allottee is counted as one, irrespective of the number of apartments booked by that person or in the name of the family, and a company, firm or association is counted as one with its associated entities or related enterprises. The trade-off: the rule stops a few large holders from carrying a vote, but it also means each individual owner's signature carries real weight, so read before you sign.
Where does the two-thirds consent rule apply?
In two places that matter most to buyers. In the text of the Act published by the Telangana regulator, Section 14(2)(ii) says that after the sanctioned plans, layout plans and specifications are disclosed to the buyers, the promoter shall not make any other alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in such building.
Section 15(1) says the promoter shall not transfer or assign its majority rights and liabilities in respect of 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. Its proviso says such a transfer shall not affect the allotment or sale of apartments made by the erstwhile promoter.
A separate rule covers your own flat. Section 14(2)(i) bars changes to the sanctioned plans and specifications of the apartment you agreed to take without your own previous consent, subject to minor changes allowed after declaration and intimation. That is individual consent, not a two-thirds vote. Our earlier report on plan changes and two-thirds consent under Section 14 explains the plan-change rules in detail.
How does the one-allottee rule work?
By grouping holdings before counting heads. The Explanation to Section 14(2)(ii) says that for the purpose of the clause, the allottees, irrespective of the number of apartments or plots booked by him or booked in the name of his family, or in the case of other persons such as companies or firms or any association of individuals, by whatever name called, booked in its name or booked in the name of its associated entities or related enterprises, shall be considered as one allottee only. The Explanation to Section 15(1) uses the same words for project transfers.
So three groupings collapse into single votes: a person and the flats booked in the name of the person's family; a company, firm or association and the flats booked in its name; and that company's associated entities or related enterprises. The threshold is then two-thirds of the resulting number of allottees, excluding the promoter.
| Who booked | How many votes | Basis |
|---|---|---|
| One person, one flat | One allottee | Explanation to Section 14(2)(ii) |
| One person, several flats | One allottee | Irrespective of the number of apartments booked |
| Flats booked in the names of a person's family | One allottee | Booked in the name of his family |
| A company and its associated entities or related enterprises | One allottee | Booked in its name or in the name of its associated entities |
| The promoter's own unsold or retained units | Not counted | Two-thirds of the allottees other than the promoter |
Who counts as family or a related enterprise?
The Act defines family, but not the business terms. Section 2(x) says family includes husband, wife, minor son and unmarried daughter wholly dependent on a person. Because the definition uses the word includes, it lists who is covered without saying that no one else can be. A buyer whose adult relatives have booked flats in the same tower should not assume either way, and can ask the builder how it has grouped them.
The Act does not separately define associated entities or related enterprises in these Explanations. Where several companies or firms with common owners have booked flats, the grouping is a question of fact. Owners who doubt a builder's count can ask for the list of allottees it has used and the basis on which bookings were grouped.
How do you count in practice?
A worked example shows the arithmetic. Suppose a tower has 120 flats, of which 100 have been booked. Of those 100, 84 are booked by 84 different individuals, one flat each; 10 are booked by members of one family; and 6 are booked by one company and its associated firm. The other 20 flats are unsold and held by the promoter.
Under the Explanation, the family counts as one allottee and the company with its associated firm counts as one allottee. That gives 84 plus 1 plus 1, which is 86 allottees. The promoter's unsold flats are left out, because the section speaks of allottees other than the promoter. Two-thirds of 86 is 57.33, so at least 58 written consents would be needed to reach the threshold.
Had the flats been counted one by one, the builder might have argued that 100 booked flats needed 67 consents, and that the family and the company together supplied 16 of them. The one-allottee rule removes that shortcut. It also means the 84 individual owners decide most of the outcome.
Can a clause in the agreement replace consent?
Read such clauses carefully. Section 14(2) opens with the words notwithstanding anything contained in any law, contract or agreement, and then sets out the consent requirements for changes after the plans and specifications are disclosed. A general clause signed at booking that purports to approve future changes should therefore be read against Section 14(2)(ii), which asks for previous written consent of two-thirds of the allottees to other alterations or additions to the buildings or common areas.
If a change goes ahead without the required consent, Section 31(1) lets any aggrieved person, including an association of allottees, file a complaint with the Authority or the adjudicating officer. Section 61 provides that a promoter who contravenes any provision of the Act, other than Sections 3 and 4, is liable to a penalty which may extend up to five per cent of the estimated cost of the project as determined by the Authority.
What should a consent form show?
Enough for you to know exactly what you are agreeing to. Because Section 14(2)(ii) requires previous written consent, a buyer is entitled to see the proposed change in writing before signing. A form that only says "consent to revised plans" without the revised plans attached gives you nothing to judge.
For a project transfer, Section 15(2) is the key text. It says that once the transfer is permitted, the intending promoter shall independently comply with all pending obligations under the Act and under the agreements for sale entered into by the erstwhile promoter, and its proviso says the transfer shall not result in an extension of time to the intending promoter to complete the project. Our report on project transfer to a new builder under Section 15 explains that route.
In any Bengaluru project, for instance one such as Sattva Aangane at Budigere Cross, use this checklist before signing a consent form.
- Ask which section the consent is sought under: Section 14(2)(ii) for building or common area changes, or Section 15(1) for a project transfer.
- Get the proposed revised plans or the transfer terms in writing, attached to the form.
- Ask how many allottees the builder has counted, and whether it has grouped family and related-entity bookings as one, as the Explanation requires.
- Check that the promoter's own unsold units have been left out of the count.
- For a transfer, confirm that the Authority's prior written approval is also being sought, as Section 15(1) requires.
- Talk to other owners and your association before signing, since each individual signature carries weight.
- Keep a copy of whatever you sign, with the date and the documents attached.
Frequently asked questions
Does a buyer with several flats get several votes under RERA?
No. The Explanation to Section 14(2)(ii) of the RERA Act says an allottee is counted as one, irrespective of the number of apartments booked by that person or in the name of the family. A company, firm or association booking in its name or through associated entities or related enterprises also counts as one allottee.
When does a builder need two-thirds consent from buyers?
Section 14(2)(ii) requires previous written consent of at least two-thirds of the allottees, other than the promoter, for other alterations or additions to the sanctioned plans and specifications of the buildings or common areas. Section 15(1) requires two-thirds consent and the Authority's approval to transfer majority rights in a project.
Are the builder's unsold flats counted in the two-thirds?
No. Section 14(2)(ii) speaks of two-thirds of the allottees, other than the promoter, who have agreed to take apartments in the building, and Section 15(1) speaks of two-third allottees, except the promoter. The promoter's own units are therefore left out when the threshold is worked out.
Does a project transfer give the new builder more time?
No. Section 15(2) says the intending promoter shall independently comply with all pending obligations under the Act and the existing agreements for sale, and its proviso says a permitted transfer shall not result in an extension of time to complete the project. The new promoter is liable for breach or delay under the Act.
Last updated 2026-10-26. PropNewz Team.
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