The builder replaced my booked corner apartment with another unit. Is my consent needed?

Answered by Advocate Sharan Jain··RERA & Homebuyer Disputes

Legal Shorts · 65 words

Ask for the original and revised plans before accepting a substitute unit. Section 14(2)(i) ordinarily requires your previous consent for specified changes to the unit agreed to be taken, subject to limited minor-change exceptions. The separate two-thirds project-consent rule is not a blanket answer to an individual-unit substitution. A different unit position, outlook or dimension is not obviously minor, so do not accept that label.

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A builder cannot treat every change to your agreed apartment as a project-wide majority decision. Section 14(2)(i) protects the particular apartment, plot or building agreed to be taken and ordinarily requires that person's previous consent for the specified additions or alterations. Ask for the original and revised plans and a written explanation of the change before signing a replacement allotment.

Is changing the corner unit a minor alteration?

Do not accept that label without examining the change. A different unit number, location, access or configuration may affect the actual property agreed to be purchased. Compare the allotment, agreement, plan, floor location, area, orientation and any price premium.

Section 14's minor-change proviso is limited. It covers minor additions or alterations required by the allottee, or minor changes necessary for architectural and structural reasons duly recommended and verified by an authorised architect or engineer after proper declaration and intimation. The statutory explanation excludes specified structural and access changes from minor alterations.

A generic letter saying engineering requirement is not the same as the underlying recommendation and verified reason. Ask for the document and the precise provision relied on. Do not assume every engineering change is prohibited either: the actual scope and statutory exception must be assessed.

Can two-thirds of other buyers approve it for me?

The two-thirds written-consent provision in section 14(2)(ii) addresses other alterations or additions to building plans or common areas within its scope. It should not be casually substituted for the separate protection in clause (i) concerning your agreed unit.

Ask the promoter to identify which clause applies and why. A project-level consent sheet may relate to a common-area change while your complaint concerns substitution of the property itself. Keep those decisions separate in your correspondence.

What should I preserve before responding?

Save the booking form, agreement, annexed plan, unit selection emails, payment receipts and the first notice of substitution. If the corner position attracted a premium, identify the exact contractual charge and representation. Take dated screenshots of the project portal and revised plans if lawfully available.

Prepare a short comparison listing each change and its practical consequence. For example, a relocated entrance or altered usable layout should be described with the plan reference. Avoid relying only on a statement that the new flat feels worse.

Should I sign the builder's new allotment to avoid cancellation?

Read the whole document first. A replacement allotment may contain a waiver, revised possession date, altered price or a statement accepting the substitution. Ask for time to examine it and respond in writing about the disputed changes.

Do not assume adding under protest cures every acceptance clause. Equally, do not stop all payments without advice on the agreement and the consequences. An urgent cancellation threat should be assessed with the payment schedule and the proposed document in front of the adviser.

What can I ask RERA to examine?

A complaint under section 31 can identify the alleged contravention, the original commitment, the change and the relief sought within the competent forum's powers. Ask for the appropriate protective direction if the unit is about to be allotted elsewhere. The available relief depends on facts and the actual statutory or contractual breach.

Do not assume that every plan change automatically gives a full refund or a fixed compensation amount. Frame the desired outcome clearly: retain the agreed unit, assess a genuinely equivalent substitution, or seek a legally supported exit or other remedy.

Your immediate task is to preserve the original bargain and obtain the technical basis for the change. That evidence lets an adviser distinguish a permitted minor adjustment from a material substitution that needs your consent.

This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice on your specific situation.

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Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Real Estate (Regulation and Development) Act, 2016: sections 14,31. Read the source

The short answer's sources were checked on 29 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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