On September 20, 2024, the Real Estate Regulatory Authority (RERA) of Bihar announced important guidelines for promoters seeking approval for revised sanctioned maps of registered projects. This initiative aims to streamline the process while safeguarding the interests of allottees.
The Legal Framework: Section 14(2)(ii) of RERA
Under Section 14(2)(ii) of the Real Estate (Regulation and Development) Act, 2016, promoters cannot make alterations or additions to sanctioned plans, layout plans, or specifications of buildings and common areas without prior written consent from at least two-thirds of the allottees who have booked apartments in the project. This regulation empowers buyers and ensures their voices are considered during project modifications.
Additional Charges for Approval
RERA Bihar has set forth a structured fee framework for additional charges that promoters must pay when submitting applications for revised plans. Below is a summary of these charges:
| Number of Additional Units | Additional Surcharge (₹) |
| Up to 20 Units | ₹2,00,000 |
| 21 to 40 Units | ₹4,00,000 |
| 41 to 60 Units | ₹6,00,000 |
| More than 60 Units | ₹8,00,000 |
These charges reflect the scale of project changes and are intended to cover the administrative costs associated with reviewing the applications.
Required Documentation
To facilitate the approval process, promoters must submit a comprehensive set of documents along with their application. These include:
- Allottee Information:
- Names, email addresses, and contact numbers of all allottees who have made bookings in the project. This information ensures transparency and helps RERA keep track of stakeholders.
- Consent Affidavit:
- An affidavit indicating that at least two-thirds of the allottees consent to the proposed changes. This is crucial for maintaining legal and ethical standards during project modifications.
- Revised Agreement for Sale:
- A new proforma of the agreement for sale that reflects changes made according to the revised map. This ensures all legal agreements are current and binding.
- Revised Sanctioned Map:
- An authenticated copy of the revised sanctioned map along with the building permit letter. This is essential for RERA to assess the changes made to the project’s layout.
- Land Documentation:
- If the revision of the map requires additional land, detailed documentation related to the additional land must be submitted, including land titles, ownership papers, and relevant agreements.
The Approval Process
For promoters, the process begins by securing the necessary consent from the allottees. This step is vital, as it fulfills legal requirements and fosters trust among stakeholders. Once consent is obtained, promoters should gather all required documentation and submit their application along with the prescribed fees and additional surcharges.
Conclusion
The recent guidelines issued by RERA Bihar represent a balanced approach to managing changes in real estate projects while safeguarding the rights of allottees. By ensuring transparency and requiring consent from a significant majority of buyers, RERA aims to create a more trustworthy and efficient real estate market in Bihar.
