Promoter Must Seek Purchaser Consent for Any Construction Beyond Sanctioned Plan Under MOFA

The Bombay High Court ruled that a real estate promoter cannot carry out additional construction beyond the originally sanctioned plan without obtaining prior consent from flat purchasers.

The Court emphasized that such unilateral changes by the builder violate Section 7(1)(ii) of the Maharashtra Ownership of Flats Act (MOFA), 1963.

The ruling came in response to complaints from homebuyers alleging unauthorized additional construction.

The Court stated that consent from a majority of existing allottees is essential and that any such unauthorized construction is illegal.