In India, the Real Estate (Regulation and Development) Act, commonly referred to as RERA, aims to protect homebuyers and ensure transparency in the real estate sector. If the builder has constructed and sold a property as a 1 BHK by merging the terrace with the original 1 RK, this raises significant legal concerns.
1.
Violation of Approved Plans: By selling a property that does not match the RERA-approved plan, the builder is likely in violation of the law. The approved plan is what the buyer relies on when making a purchase decision. A discrepancy between what is sold and what is approved may lead to penalties under RERA.
2.
Consumer Rights: Under RERA, buyers have the right to expect that their property will conform to the approved designs and specifications. If the property has been misrepresented, buyers can file a complaint with the respective Real Estate Regulatory Authority for redressal.
3.
Possibility of Legal Action: Affected buyers may pursue legal action against the builder for misrepresentation, seeking remedies such as refunds, damages, or necessary modifications to the property as per the approved plan.
4.
Documentation: It's crucial for buyers to retain all documentation, including the sale agreement and the original RERA-approved plan, to support their claims against the builder.
5.
Consultation with Legal Experts: Buyers facing similar issues should consult with legal professionals specializing in real estate to understand their rights and options for recourse.
In summary, the situation described appears to be a clear violation of RERA provisions, and buyers have several avenues for seeking resolution and protecting their rights.
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The RERA approved plan shows 1 RK and open terrace. The builder constructed and sold it as a 1 BHK, merging the terrace and 1 RK. On paper, the property is still 1 RK and terrace.
Rutika shetye
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6 months
2025-05-27T10:15:04+00:00 2025-05-27T10:15:32+00:00Comment
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