Maharashtra Plans To Dilute Consent Clause In MahaRERA Rules

Published on 28 Sep 2018 by Shivi

At present, it is mandatory for builders to obtain the consent of flat buyers for modifications to the sanctioned building plan. But after enhancing the amount of buildable space for both residential and commercial projects in Mumbai’s new Development Plan, the state government is now planning to make an exception to this key safeguard for flat buyers.

Mumbai’s new Development Control (DC) regulations- which govern construction-related activity in the commercial capital- have raised the floor space index levels for the most category of construction projects. Stipulations and planning standards for construction projects have also been revised. In most cases, these have been eased.

Permitting ongoing construction projects to avail the benefit of the new regulations, the state government has allowed them the option of migrating to these rules in toto.

While Mumbai civic commissioner Ajoy Mehta has been asked to formulate a transitional policy to facilitate such migrations, the construction industry wants the consent condition, mentioned in the Maharashtra Real Estate (Regulation and Development) Rules, 2017 (MahaRERA rules), to be diluted.

The rules basically impose an obligation on a developer to obtain the consent of two-thirds of flat allottees for “additions and alterations or modifications in the sanctioned plan, layout plan, and specifications of the building or common areas in an ongoing real estate project”.

READ: Timeline Of A Complaint Under RERA Against A Builder

Just as the government has also permitted ongoing projects to continue their development as per the permission granted under the old regulation, most builders are keen to revise their plans to avail the additional buildable area benefits available in the new regulations. But they are wary of the consent condition under the RERA rules and have asked the government to consider relaxing it for the additions and alterations on account of the DC rule changes.

Housing activists, however, feel that such a move will erode the say of the flat purchasers in such changes and could hurt their interests. Incidentally, the RERA rules contain a rider that the “written consent of two-thirds of the allottees may not be necessary for additions and alterations or modifications in the sanctioned plan, layout plans, and specifications of the buildings or common areas in the real estate project, which are required to be made by the promoter (read developer) in compliance of any direction or order, etc, issued by the competent authority”.

Consultations between the state’s urban development department, the housing department and the Mumbai municipality are ongoing in this regard. Sources said the option of issuing a government order exempting amendments or modification of the building plan and specifications on account of the new DC regulations from the consent condition is being considered.

No FSI for the right of way

The state government has rejected a proposal for grant of additional construction rights to a landholder who allows right of access to a surrounding landlocked plot. While the Mumbai municipality had proposed the additional construction rights, the government rejected it over the fear of it being misused.


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