Section 14 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 14 has two halves. The first ties the promoter to the sanctioned plans, layout plans and specifications, and limits changes after buyers have been shown them. The second gives every allottee five years from handing over of possession to report a structural or other defect, which the promoter must rectify within thirty days. For a defect dispute, our legal dispute resolution service can help you build the claim.
The project must be developed and completed in accordance with the sanctioned plans, layout plans and specifications (14(1)). After these are disclosed to a person who agrees to take a unit, the promoter cannot add or alter them without that person's previous consent, except minor changes (14(2)(i)), and cannot alter other parts of the plans or common areas without the previous written consent of at least two-thirds of allottees (14(2)(ii)). A defect reported within five years from handing over possession must be rectified within thirty days, without further charge; failing which compensation is due (14(3)).
Section 14(1): follow the sanctioned plan
"The proposed project shall be developed and completed by the promoter in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities." "Sanctioned plan" has the wide meaning in section 2(zq), covering site, building, service, parking, landscape, layout and zoning plans, structural designs and permissions; see our article on the definitions.
Section 14(2)(i): changes affecting a buyer's unit
The rule starts with "Notwithstanding anything contained in any law, contract or agreement", so a contrary clause in the agreement cannot override it. It applies after the sanctioned plans, layout plans, specifications and "the nature of the fixtures, fittings, amenities and common areas" of the unit have been disclosed or furnished to the person who agrees to take the unit. From that point the promoter shall not make "any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein" for the unit agreed to be taken, without the previous consent of that person.
The proviso: minor changes
The promoter may make:
- minor additions or alterations required by the allottee; or
- minor changes necessary due to architectural and structural reasons, duly recommended and verified by an authorised Architect or Engineer after proper declaration and intimation to the allottee.
The Explanation: what is not "minor"
"Minor additions or alterations" excludes:
| Excluded change |
|---|
| Structural change, including an addition to the area or a change in height |
| Removal of part of a building |
| Any change to the structure, such as construction, removal or cutting into of any wall or part of a wall, partition, column, beam, joist, floor (including a mezzanine floor) or other support |
| A change to or closing of any required means of access, ingress or egress |
| A change to the fixtures or equipment, etc. |
The Explanation ends with "etc.", so the list is not closed.
Example. A promoter shows Rina a 10-storey plan and later wants an extra floor. A change in height is not "minor", so it needs her previous consent, and the two-thirds rule in (ii) also comes into play.
Section 14(2)(ii): other changes need two-thirds
"Any other alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in such building."
Points to notice:
- The consent must be previous and written.
- The base is the allottees who have agreed to take apartments in such building, not the whole project.
- The promoter is excluded from the count.
- It covers common areas.
The Explanation: one allottee, one vote
For this clause, an allottee is one allottee only irrespective of the number of apartments or plots booked by him or in the name of his family, or, for companies, firms or associations, booked in its name or in the name of its associated entities or related enterprises. So bulk buyers and related parties cannot outvote others. "Family" has the meaning in section 2(x): husband, wife, minor son and unmarried daughter wholly dependent.
The text does not say how the promoter proves consent or what remedy lies for a change made without it; the complaint and penalty provisions apply.
Section 14(3): five years for defects
"In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act."
| Element | Text |
|---|---|
| What defects | Structural defect, or any other defect in workmanship, quality or provision of services, or any other obligation of the promoter as per the agreement for sale relating to the development |
| Period | Brought to the promoter's notice within five years from handing over possession |
| Duty | Rectify without further charge within thirty days |
| If not rectified | Appropriate compensation as provided under the Act |
Two clarifications: the five years run from the date of handing over possession, and the key event is that the defect is brought to the notice of the promoter within that period. "Days" here are working days as notified (section 2(r)).
This liability continues after conveyance: section 11(4)(a), proviso, says the responsibility for defects for the period referred to in section 14(3) continues even after the conveyance deeds are executed. See section 11. Our post on the five-year structural defect liability explains the practice.
Example. Possession is handed over on 1 March and seepage appears that winter. The buyers write to the promoter on 20 December, within five years, and the promoter must repair it without charge within thirty days of that notice, failing which compensation follows.
Section 14(3) gives no amount of compensation or forum; see the compensation and complaint provisions and our overview of the RERA complaint process.
Need help with defects or plan changes?
Whether the change in your tower is minor, and whether two-thirds of allottees really consented, are questions of fact and papers. Our legal dispute resolution team can examine the sanctioned plan, the correspondence and the dates, and advise you on the notice, rectification demand and any filing before the Authority.
Key takeaways
- The project must follow the sanctioned plans, layout plans and specifications.
- Changes to a buyer's unit need his previous consent, except minor changes verified by an architect or engineer.
- Other plan or common-area changes need previous written consent of at least two-thirds of allottees, with related parties counted as one.
- Defects reported within five years of possession must be fixed within thirty days at no further charge.
- If not fixed, the allottees get appropriate compensation.
Read next
- Section 15: transfer of project to a third party
- Section 13: no deposit or advance without agreement for sale
- 5-year structural defect liability under RERA
- Obligations of promoter under RERA: sections 11 to 18
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.