MahaREAT Orders Demolition of Unauthorised Wing, Says Builders Need Buyer Consent

On September 7, 2026, the Maharashtra Real Estate Appellate Tribunal (MahaREAT) ordered developer Parshwanath Developers to demolish an additional wing built at a housing project in Badlapur, Thane district, holding that a builder cannot construct beyond what was disclosed to homebuyers even if a revised plan is later approved by the planning authority. The tribunal also imposed a Rs 10 lakh penalty and directed restoration of open spaces.

What happened

The project's original 2015 plan showed four wings — A, B, C and D — and occupation certificates were issued for all four by 2022. In 2021, the developer obtained a revised plan adding a fifth wing, Wing E, without the consent of the housing society or its members. The society, Parshvadhara Complex ABCD Co-operative Housing Society, challenged the construction, saying it had eaten into the garden, children's play area, parking, and the society office.

Why the ruling matters

MahaREAT drew a clear line between a builder getting government approval for a revised plan and actually getting buyers' informed consent for that change. It held that generic clauses in the agreement for sale permitting "future alterations" or use of extra FSI/TDR do not count as informed consent — the specific addition must be disclosed to buyers. Since the entire FSI under the original 2015 plan had already been used up by the first four wings, the tribunal found no basis for the fifth.

What this means for housing societies

• Check whether any construction beyond the plan shown at the time of purchase was actually disclosed to members, not just sanctioned by the planning authority.
• Broad agreement-for-sale clauses permitting a developer to use "future FSI/TDR" do not by themselves authorise a new wing, tower, or structure.
• Once a project is complete and possession handed over, developers remain obligated to execute the society's conveyance deed for the land, including open spaces and common areas.
• Societies facing similar unauthorised construction can cite this ruling before MahaRERA or its appellate tribunal.

The tribunal gave the developer 90 days to execute and register the conveyance deed for the 3,870 square metre project land, and ordered restoration of the garden, playground, parking and society office to their originally disclosed layout.