BDA’s Two-Thirds Consent Rule for Post-OC Plan Changes: What Owners Should Know

Can a Builder Change Your Apartment Complex’s Plan After Handover? BDA’s Two-Thirds Consent Rule

Can a builder change your apartment complex’s plan years after you moved in?

Most owners assume the layout of their complex is settled once the occupancy certificate (OC) is issued and the flats are sold. The open space, the parking and the common areas feel permanent. Imagine owners in an older complex who discover that, years after handover, the builder has had the plan revised to add another block on land they thought was shared open space. Nobody asked them. A recent BDA circular tries to close that gap.

Quick answer

BDA has tightened its rules on plan changes after the occupancy certificate. Once a project has its OC and the permissible FAR is fully used, builders can’t get fresh or modified plans. Where only a partial OC has been issued and FAR remains, modified plans can be considered with safeguards. If flats are already sold, builders need consent from at least two-thirds of the apartment owners before applying for changes or additional construction.

What are an occupancy certificate and a sanctioned plan?

Two documents sit behind this rule, and many owners have never seen either of them.

Sanctioned plan (approved building plan)
Before a builder can construct, the planning authority approves the building’s design. That approved design is the sanctioned plan. It shows how much can be built, the number of floors and blocks, the open spaces, parking, setbacks and common areas. It is the official picture of what the builder is allowed to build on the land.

Occupancy certificate (OC)
After construction, the authority inspects the building and, if it has been built in line with the sanctioned plan and is fit to live in, issues an occupancy certificate. The OC is proof that the building is legal and safe to occupy. Banks, utility providers and registration offices often ask for it, and you need it for a clean sale or loan.

Full OC and partial OC

• A full OC covers the whole project as sanctioned.

• A partial OC covers only the blocks or portions that are complete, so the rest of the project, and any unused building rights, are still open.

Modified sanction plan
A revised version of the approved plan. A builder applies for one when they want to change the design, such as adding a block or floors. This is the document that BDA’s new rule now controls after an OC.

In Bengaluru you may hear “completion certificate” and “occupancy certificate” used together or interchangeably. Ask the builder or society exactly which certificate you have, and the date it was issued.

What does the BDA circular say?

What is FAR, and why does it matter?

FAR (Floor Area Ratio) is the total built-up area allowed on a plot, divided by the plot’s area. It is the cap on how much can be built. If a project hasn’t used all its FAR, the builder may see room for another block or extra floors. For owners, that extra construction can mean less open space, more crowding of shared facilities, and a higher load on water, power and parking. When the FAR is fully used, there is nothing left to add, which is why BDA has barred changes in that case.

Why did this rule come?

It follows a long-running dispute at HM Tambourine, a 241-unit apartment complex in south Bengaluru. The project was built in 2003 and got its OC in 2006. In 2016, BDA approved a modified sanction plan for an additional apartment block of 120 apartments on vacant land within the property. Residents challenged it, and the matter was before the Karnataka High Court. Resident welfare associations and owner groups welcomed the new circular as clarification of owners’ rights after completion.

What does it mean for current owners?

• You may have a say. If a builder wants a plan change after sales, owners’ consent is now part of the process.

• Check your OC and plan. Find out whether your complex has a full or partial OC, and whether any FAR is left.

• Watch for notices. A consent request or a notice about a revised plan deserves a careful read, ideally with legal advice, before you sign.

• Organise. A registered owners’ association can speak for all owners, as in our builder handover guide.

What does it mean for buyers?

• Ask whether the project is complete or phased. A partial OC with unused FAR is where future construction can appear.

• Ask about the open space and the common areas. Check how they are shown in the sanctioned plan.

• Ask about future phases in writing before you buy.

• Check the agreement. Look for clauses that reserve rights to alter plans or add construction.

Does RERA say anything on plan changes?

Yes. RERA places limits on a promoter’s power to change sanctioned plans after sale, and requires allottees’ consent for certain alterations. Together with BDA’s circular, this gives owners more protection. The exact rules depend on whether your project is RERA-registered and on your agreement, so ask a lawyer how they apply.

What should I do? (7 steps)

1. Get the sanctioned plan and any modified plans for your complex.

2. Find out the OC status: full or partial, and the date.

3. Ask how much FAR has been used, and whether any is left.

4. Check the open space, parking and common areas against the plan.

5. Look at your agreement for clauses about future construction or plan changes.

6. If a consent request arrives, read it carefully and take legal advice before signing.

7. Act together through your owners’ association, and keep records of everything.

What should Bengaluru buyers check on top of this?

• Who sanctions the plan: BDA’s circular applies to plans it sanctions. For other projects the sanctioning authority may differ, so ask which body approved yours.

• RERA registration of the project and any later phases, and what the registered documents say.

• Undivided share and open space: check how your undivided share is described in the sale deed.

• Papers: verify title and approvals, as in our legal opinion and mother deed guides.

Frequently asked questions

Does BDA now require owner consent before changing building plans?
Yes, where flats are already sold. According to reports on BDA’s circular, builders need consent of at least two-thirds of the owners before applying for changes or additional construction.

What is an occupancy certificate (OC)?
It is a certificate issued by the authority after construction, confirming that the building has been built as per the sanctioned plan and is fit to be occupied.

What is a sanctioned plan?
It is the building plan approved by the planning authority before construction. It shows what the builder is allowed to build, including floors, blocks, open space and parking.

Can a builder change a plan after the occupancy certificate?
Not if the full OC is issued and the permissible FAR is fully used. If only a partial OC is issued and FAR remains, modified plans can be considered with safeguards.

What is FAR?
Floor Area Ratio is the total built-up area allowed on a plot divided by the plot’s area.

What happened at HM Tambourine?
Residents of the 241-unit complex challenged a 2016 modified plan that allowed a new apartment block on the same property, a decade after the OC. The matter was before the Karnataka High Court.

Does this apply to every apartment project in Bengaluru?
It applies to plans BDA sanctions. Other projects may fall under a different authority, so check who approved yours.

What should I do if my builder wants to modify the plan?
Read any consent request carefully, take legal advice before signing, and act together with other owners.