'Builders Need Homebuyers’ Consent For Additional Construction': MahaREAT Orders Demolition Of Unauthorised Wing At Badlapur Housing Project
Mumbai, September 8, 2026: A clear warning for the development fraternity: obtaining approval for a revised building plan from the planning authority may not be enough if the proposed additional construction was not disclosed to homebuyers and their prior informed consent was not obtained. Tribunal Orders Demolition In a significant judgment that could have wider implications for redevelopment…
On September 8, 2026, the Maharashtra Real Estate Appellate Tribunal (MahaREAT) issued a ruling that warned construction developers to obtain prior informed consent from homebuyers before undertaking additional construction projects. The tribunal ordered the demolition of an additional wing, Wing E, at the Parshvadhara Complex ABCD Co-op Housing Society Ltd. in Badlapur, Maharashtra. The additional wing was not part of the original plan disclosed to the buyers when they purchased their homes.
The court emphasized that merely obtaining a revised plan approved by the planning authority is not sufficient justification for construction that was not previously disclosed to homebuyers. The tribunal also imposed a penalty of Rs 10 lakh against the real estate developer for violating the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Maharashtra Ownership Flats Act (MOFA).
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