Two rulings out of Karnataka's RERA ecosystem in September 2026 give buyers a clearer picture of when a builder can change a project's plans after you've booked, and when they can't. In early September, the Karnataka Real Estate Appellate Tribunal (K-REAT) decided cross-appeals in Sobha Ltd. v. Karnataka Real Estate Regulatory Authority, concerning alleged deviations in the Sobha Sentosa project. The Tribunal found that the promoter had obtained the consent of not less than two-thirds of allottees, held that email communications can count as valid written consent, and ruled that scattered individual objections don't invalidate majority approval, setting aside a direction to execute and register the agreement for sale. Separately, in its weekly digest for the period of September 7-12, 2026, Karnataka RERA (K-RERA) reiterated a related but distinct point: two-thirds allottee consent is required only when a proposed alteration goes beyond what was mutually agreed in the contract.
1. The Legal Baseline: Section 14(2)(ii) of RERA
Section 14(2)(ii) of the RERA Act requires a promoter to get the prior written consent of at least two-thirds of allottees before making any structural alteration or addition to the sanctioned plans, layout plans and specifications, except for minor alterations for structural reasons. In plain terms: a builder can't unilaterally redesign a tower, shrink a common amenity, or change unit specifications after you've booked, without getting sign-off from a two-thirds majority of the buyers in that project. This is one of RERA's core protections against the "bait and switch" that used to be common before the Act.
2. What's New: Two Clarifications From September 2026
Both developments narrow down exactly how this protection works in practice, and both cut in slightly different directions for buyers.
- Consent doesn't require a signed physical document. The K-REAT's Sobha Sentosa ruling confirms that email communications from allottees can constitute valid written consent under Section 14(2)(ii). This makes it easier for developers to demonstrate consent was properly obtained, and correspondingly, it means buyers should treat their own email replies to a developer's consent requests as legally significant, not casual correspondence.
- The two-thirds threshold isn't triggered by every change. K-RERA's weekly digest position is that two-thirds consent is only mandatory when an alteration goes beyond what was mutually agreed in the contract and sale agreement. Changes that stay within what you already agreed to, for instance a substitution explicitly permitted under your agreement's terms, don't require this heightened consent process.
- Majority approval can override individual objections. The Tribunal held that scattered objections from a minority of allottees do not invalidate a properly obtained two-thirds majority consent. If you're in the minority that objects to a change, your objection alone won't block it if the majority has consented in writing.
3. What This Means If You're Evaluating an Ongoing Project
If you're shortlisting a unit in a project that's already under construction, ask the developer directly whether any structural alterations, layout changes or specification changes have been made or proposed since the original RERA filing, and if so, how allottee consent was obtained. Cross-check the current floor plan and specification sheet you're being shown against the RERA-registered filing on the Karnataka RERA portal (rera.karnataka.gov.in); if there's a mismatch, that's worth raising before you book, not after.
4. What This Means If You've Already Booked
If your project's builder proposes a change, whether it's a tower redesign, an amenity substitution or a specification downgrade, and asks for your written consent by email, understand that replying, even briefly, can count as legally binding consent. If you disagree with a proposed change, put your objection in writing and keep records, but also recognise that if two-thirds of your fellow allottees do consent, the change can proceed regardless of your individual objection. Where you believe a change goes beyond what your agreement permits and adequate consent wasn't obtained, K-RERA's complaint process remains the route to challenge it.
The Bottom Line
Two-thirds allottee consent remains a real protection under RERA, but September 2026's rulings clarify its edges: consent can be given informally by email, it's only required for changes beyond what your agreement covers, and majority consent can outweigh individual objections. Reading your agreement's terms carefully, and responding thoughtfully to any developer communication asking for your consent, matters more than ever. Talk to our team if you'd like help reviewing a project's current plans against its RERA filing before you book.
