Short Answer

Yes, you can challenge the builder if they violate the approved layout or sanctioned plan.

Detailed Explanation

Section 14 of the Gujarat RERA Act, 2016 empowers the aggrieved party to file a complaint with the Real Estate Regulatory Authority (RERA) against the builder for violations of the approved layout or sanctioned plan. This section ensures that the interests of homebuyers are protected and provides a legal recourse for addressing such grievances. The RERA Act aims to promote transparency, accountability, and efficiency in the real estate sector.

Furthermore, Rule 8 of the Gujarat RERA Rules, 2017 outlines the procedure for filing a complaint with RERA. Homebuyers can submit a detailed complaint specifying the nature of the violation, along with supporting documents, to the designated authority. RERA will then investigate the matter and take appropriate action against the builder if the violation is proven.

In practice, challenging a builder for violating the approved layout or sanctioned plan involves gathering evidence such as the original layout plan, construction deviations, and communication with the builder. Homebuyers should document all interactions with the builder and maintain records of the project's progress to support their case.

Real-world Scenarios

• Mr. Patel purchased a flat in a residential project but later discovered that the builder had deviated from the approved layout by reducing the size of common areas. He filed a complaint with RERA, which directed the builder to rectify the deviations and compensate Mr. Patel for the inconvenience caused.

• Ms. Shah invested in a commercial property, only to find out that the builder had constructed additional floors beyond the sanctioned plan. She approached RERA with evidence of the violation, leading to penalties imposed on the builder and demolition of the unauthorized construction.

• Mr. Desai faced delays in possession of his apartment due to the builder altering the layout without approval. By filing a complaint under Section 14 of the Gujarat RERA Act, he was able to hold the builder accountable and secure timely completion of the project as per the sanctioned plan.

References

• Section 14 of the Gujarat RERA Act, 2016: Gujarat RERA Act and Rules

• Rule 8 of the Gujarat RERA Rules, 2017: Gujarat RERA Act and Rules