My builder has made significant changes to the floor plan, reduced the carpet area and substituted inferior materials compared to what was promised in the agreement. Can a builder legally alter flat specifications after the agreement to sell is signed and what remedy is available under MahaRERA, specifically for a property situated in Chembur, Mumbai?
This is a frequent and frustrating grievance for Mumbai flat buyers, and the reassuring legal position is that a builder generally cannot unilaterally change flat specifications after the agreement for sale is signed, since the Real Estate (Regulation and Development) Act, 2016 imposes specific and binding restrictions on such alterations to protect buyers from exactly this kind of post-agreement modification. Under Section 14 of RERA, the promoter is required to strictly adhere to the sanctioned plans, layout plans, and specifications as approved and disclosed at the time of booking, and any subsequent alteration requires proper legal process, not unilateral builder discretion.
Section 14(2) specifically addresses this scenario, providing that no structural change or alteration in the sanctioned plan can be made by the promoter after it has been disclosed to the buyer, except with the buyer's prior written consent, and further, other alterations affecting the specifications, fixtures, amenities, and common areas relating to the apartment, plot, or building require the consent of at least two-thirds of the allottees, other than the promoter, before such changes can be validly made. This means a builder cannot simply decide to substitute promised marble flooring with a cheaper alternative, or reduce the size of a balcony from what was originally disclosed, without following this specific consent mechanism.
Where a builder makes changes to flat specifications without following this required consent process, the affected buyer has strong grounds to file a complaint before MahaRERA, seeking either specific performance requiring the builder to deliver the flat as originally specified in the agreement, or appropriate compensation reflecting the diminished value or quality resulting from the unauthorized changes. MahaRERA has consistently held builders accountable for deviations from disclosed specifications, recognising that buyers make significant financial commitments based on specific representations about what they are purchasing.
It's important for buyers to carefully document the original specifications disclosed at booking — through the agreement for sale itself, brochures, and any specification annexures — since this documentation becomes crucial evidence if a dispute later arises about whether the builder deviated from what was originally promised. Where changes are made for genuine regulatory or structural safety reasons beyond the builder's control, this may provide some justification, but even then, proper disclosure and, where required, consent processes should still be followed rather than the builder acting unilaterally.
Given how specification disputes require careful comparison between original agreement terms and actual delivered construction, thorough documentation and prompt action upon discovering deviations significantly strengthens your position. Reach out via Aapka Legal Advice to assess whether unauthorized specification changes in your Mumbai flat purchase entitle you to relief. The Top Property Lawyers in Mumbai team has successfully secured compensation and corrective orders for buyers facing unauthorized specification changes before MahaRERA, supported by a panel of retired judges and criminal lawyers where deliberate misrepresentation is involved. If your Mumbai builder has changed flat specifications after your agreement was signed, documenting the original promised specifications and filing a timely MahaRERA complaint is your strongest path to relief.