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Builder changed the size of property and asking money for added space
10-Oct-2023 (In Property Law)
I have booked an under construction flat in lohegaon, pune in march 2015. Flat size(saleable) is 705 sq ft in agreement. now its nearing possession. but builder has altered structure mentioned in agreement and added new patch of 10 sq ft and he is asking to pay for that newly added space. he is ready to make a new registration and bear all legal expenses. he need cost of that extra space only as per rate at the time of booking. he did not informed this before making change.when I asked him why he has made this change anyway? he answered that "initially building plan was sanctioned by local authorities and lohegoan pune was a Grampanchayat. now it comes under PMRDA and PMRDA has suggested this change. if I don't pay I would not get completion certificate." it not mentioned anywhere in agreement that builder can change size of property or buyer need pay for any kind of change made by builder. is builder's demand valid? is he legally correct? Must i pay him money?
Dear Sir/Madam,
A developer is bound by the representation that he makes to the purchaser at the time of the sale of flat under Maharashtra Ownership of Flats Act. After the sale of flat, the developer cannot change the size of the flat and is bound and liable by the representations made by it at the time of Sale. Legally the Developer cannot ask you to pay enhanced compensation for the additional area, also the stand taken by the builder that the development authority has changed holds no water. Further, the builder is bluffing that you will not get the completion certificate as it is given for the building as whole and not individually to single apartments.
A developer is bound by the representation that he makes to the purchaser at the time of the sale of flat under Maharashtra Ownership of Flats Act. After the sale of flat, the developer cannot change the size of the flat and is bound and liable by the representations made by it at the time of Sale. Legally the Developer cannot ask you to pay enhanced compensation for the additional area, also the stand taken by the builder that the development authority has changed holds no water. Further, the builder is bluffing that you will not get the completion certificate as it is given for the building as whole and not individually to single apartments.
Helpful?
19+
19+
Adv. Mohammed Zain Khan
Mumbai | 100+ Answers
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Whether there is provision for change of building plan in your agreement for sale or sale deed or convince deed? Whether he informed you for making such kind of change to you.? No builder demand is not valid.
Helpful?
10+
10+
Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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