Short Answer

Yes, selling flats above the permitted floor space without information is a RERA issue.

Detailed Explanation

Rule 3 of the Gujarat RERA (Real Estate Regulation and Development) Rules, 2017 states that the promoter shall not make any additions or alterations in the sanctioned plans, layout plans, and specifications of the building without the consent of the allottees. This means that any changes in the floor space index (FSI) beyond what is approved must be communicated to the buyers.

Furthermore, Section 14 of the Gujarat RERA Act, 2016 mandates that the promoter should provide accurate information about the carpet area, number of rooms, balconies, etc., to the buyer. Selling flats above the permitted FSI without informing the buyers would amount to a violation of this provision.

In practice, if a builder sells flats exceeding the sanctioned FSI without disclosing this information to the buyers, it can lead to legal repercussions under RERA. Buyers have the right to file a complaint with the Gujarat RERA Authority for such non-compliance by the builder.

For example, if a builder constructs additional floors in a building without obtaining the necessary approvals and sells flats on those floors without informing the buyers about the unauthorized construction, it would be considered a violation of RERA regulations.

Another scenario could be a builder advertising and selling flats based on a certain FSI but later constructing additional units beyond the approved limit without informing the buyers. In such cases, buyers can seek remedies under RERA for the builder's non-disclosure and violation of regulations.

In such situations, buyers can approach the Gujarat RERA Authority, file a complaint against the builder for selling flats above the permitted floor space without information, and seek appropriate relief as per the provisions of the Gujarat RERA Act and Rules.

References

• Gujarat RERA Act and Rules: https://gujrera.gujarat.gov.in/