Procedure for Modification of plan in RERA Karnataka

The situation before the government circular having reference number K-RERA/Engg.Sec/Modified Plans/2019 dated 24th June 2020 from the office of Secretary of Karnataka Real Estate Regulatory Authority was that the developer was not required to take approval from the prospective allottees before making any modification, alteration or changes in the building plan, layout plan, project specifications and make necessary changes at its own will. Even though the prior approval requirement was mentioned in Section 14 (2) (ii) of Real Estate Regulatory Act, 2016 but it was not formalized in the State regulation.

Since the notification came out, the developer is now required to take prior approval from 2/3rd of the total number of allottees (excluding the promoters who booked the property in such project) for any modification, alteration or changes in the building plan, layout plan, project specifications before making an application to the authority. The allottee shall be considered as One irrespective of the number of apartments/plots booked.

A fee equivalent to 50 % of the Original fee paid at the time of registration is to be paid for making such modification/alteration or if there is any addition in the land area, then an additional fee for the increased area will be paid as prescribed under Rule 3 of Karnataka Real Estate (Regulation and Development) Rules, 2017.

As per the new guidelines for modification, the following data need to be provided to apply for modification/alteration of the existing plan;

1. Modified plan applied date
2. Modified plan approval date
3. Extent of the work carried out till date of registered project
4. Extent of the pending till date of registered project
5. Total amount collected in respect of registered project
6. Total amount spent for the registered project
7. Total balance amount lying with the promoter
8. Reason for modification
9. Details of the modification of plan

Further, following are the documents which are to be uploaded on the portal while applying for modification of plan;

1. Registration documents of the already registered project.
2. Modified plan details site plan, floor plans, Plan license letter.
3. Project specifications like elevation, sections, floors etc.
4. List of allottees in the already registered project.
5. List of Complaints or objections received from the allottees/aggrieved party.
6. List of Pending Litigation in respect of the registered project.
7. Consent letter of the allottees approving the modification/alteration of plan.
8. Chartered Accountant, Chartered Engineer, Architect’s and Structural Engineer’s certificate.
9. Notarized affidavit of the Promoter