Home buyers in Mumbai have always had it tough, having to deal with sky-high prices and delays in project delivery. And even once they get possession of their flat, they continue to suffer as builders manipulate building plans without their consent. But this would not be happening if the Brihanmumbai Municipal Corporation (BMC) had not given its blessing to the alterations

When Actions Don’t Match Words

Let’s look at the case of Naseer Hussain who bought a 3BHK flat in Mumbai. In spite of owning his own home in India’s costliest property market – he isn’t happy as he spends most of his days in court. His builder had changed the plans of the building without keeping home buyers in the loop, converting open spaces like parking spots, fire-refuge areas and open terraces into flats which were then sold.
“In 2014, the builder along with the BMC amended the building plan without our knowledge. We informed the BMC from time to time about the illegalities, but the BMC did not take any action against the builder. In fact, they helped the builder in amending the plan.” claims Naseer.

Naseer’s case is not unique. Developers routinely change building plans to earn a quick profit. In the process, no consent is taken from the home buyer. This can lead to serious problems in the future as the civic body may term such alterations illegal. But the surprising fact here is that the BMC itself allows the alterations to take place, even is there is no consent. “This depends upon the project. Where there is redevelopment of existing society, as per the clauses in development agreement the existing society gives permission to the developer for changing the plans and hence no consent is required in these cases from members, as it is already granted by way of signing development agreement.” justifies Vinod Chithore , chief engineer of the development plan division of the BMC.

Should the BMC Be Held Responsible?

While that may be true, property and legal experts have challenged the BMC’s claim, stating that permission from the home buyer is a must for such alterations. “When there is section 7 of Maharashtra Ownership of Flats Act (MOFA) which says that every flat purchaser to whom you have sold the flat- the specific consent has to be taken, the municipality should insist on it. Municipal Corporation prior to granting the alteration of plans should get the consent of the registered society by general body meeting or take every individual flat purchasers signature. They cannot sanction the amendment without following this,” warns property lawyer, Uday Wavikar.

It will take time before that war of words is won, and in in the meantime, distressed home buyers have the option of taking both the builder and the BMC to court to get the matter resolved. But that is a process that can take time and money which the home buyer just does not have. The only solution then is the appointment of the real estate regulator (RERA). “The establishment of real estate regulator is just round the corner and then the buyers will have much needed protection. This is because the bill has a provision which will make builders difficult to alter the plans without going through the whole process,” says Arvind Nandan, director of valuation and advisory at Colliers International – South Asia

Until then, buyers will need to be alert at every stage of construction of their project and check their building plans on the BMC website to ensure they are not losing out.

Reporter : Ashwini Priolker
Web Editor : Nikhil Narayan Sivadas