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Can builder make changes in amenities planned in original project plan
22-Sep-2023 (In Property Law)
When we had booked our flat, there was no mention of shops in the project brochure or other documents. Later, the builder got approval for 4 shops in the project. Now he is saying he plans to build the shops where our podium garden was supposed to be, per the original plan. On account of this, he wants to move the garden to the ground level in the back side of the project. Can he legally do this change?
No...
The builder can not change and construct as per his own will and for his own profit.
You and other flat owners need to jointly complain against the builder and stop him from constructing any more.
The builder can not change and construct as per his own will and for his own profit.
You and other flat owners need to jointly complain against the builder and stop him from constructing any more.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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Taking into consideration the facts posted by you.
In a first such brochure do not hold any legal value for any legal value. But sanctioned plan by a competent authority do.
If the builder has got a revised/ new/ changed / plan sanctioned from the competent authority for his on going project. In such a case, he may legally proceed to do the changed as per the latest sanctioned plan.
If he has not then he cannot.
Also as a customer you have a right to get all the amenities and other things mentioned in the agreement to sale and sale deed.
Best Regards.
In a first such brochure do not hold any legal value for any legal value. But sanctioned plan by a competent authority do.
If the builder has got a revised/ new/ changed / plan sanctioned from the competent authority for his on going project. In such a case, he may legally proceed to do the changed as per the latest sanctioned plan.
If he has not then he cannot.
Also as a customer you have a right to get all the amenities and other things mentioned in the agreement to sale and sale deed.
Best Regards.
Helpful?
29+
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Adv. Harshad Rathod
Pune | 100+ Answers
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