Bengaluru Flat Owners Gain Control Over Project Modifications

In a significant development for apartment owners in Bengaluru, the Bangalore Development Authority (BDA) has implemented new regulations that restrict builders from altering completed projects without the explicit consent of existing residents. This change, which aims to enhance the rights of flat owners, comes as a response to ongoing concerns regarding developers making unauthorized modifications after the issuance of Occupancy Certificates (OCs). The revised guidelines, introduced on July 15, mandate that any changes to projects where third-party rights have been established must receive approval from at least two-thirds of the apartment owners. Additionally, the new rules prevent any alterations in projects that have already maximized their permissible Floor Area Ratio (FAR). This initiative is expected to bring much-needed clarity to the ownership rights of residents and curb instances where developers attempt to secure further construction approvals on properties that have already been transferred to flat owners.

The BDA's decision is particularly timely given the legal challenges faced by residents of HM Tambourine, a 241-unit apartment complex located in south Bengaluru. Completed in 2003 and granted its Occupancy Certificate in 2006, the residents of this complex have expressed concerns over the developer's actions nearly a decade later. In 2016, the developer received BDA approval for a modified sanction plan to build an additional structure on the same property, which residents argue was done without the necessary consent from apartment owners as stipulated by the Karnataka Ownership Flats Act (KOFA) of 1972 and the Real Estate (Regulation and Development) Act (RERA) of 2016. The residents contend that this additional construction infringes on their rights, as it involves land that has already been legally conveyed to them. The case is currently under review by the Karnataka High Court, where residents are seeking to annul the modified sanction plan.