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Your Flat's Builder Has Changed: Rights Under RERA Section 15 in Bangalore

By Book A Home Editorial Team·26 October 2026·6 min read
Your Flat's Builder Has Changed: Rights Under RERA Section 15 in Bangalore

Imagine receiving a letter saying that your flat in Bangalore will now be finished by a company you never signed with. Takeovers of stalled or struggling projects do happen, and buyers reasonably ask whether their rights survive the switch. This article explains what India's 2016 housing law (RERA) says about a change of builder, and which papers deserve a place in the buyer's file.

A Real Case: Sohan Skypark

One K-RERA decision makes the rules concrete. The project once marketed as Manyam Skypark is now Sohan Skypark, and in January 2026 the Authority approved Sohan Realty's takeover of it under section 8. Someone who had signed in 2020 with the earlier developer was then turned away at her flat, since her money had been paid to that developer.

She complained, and ruling on complaint 00202/2025 the Authority told the new promoter to treat her as the genuine allottee and give her access and possession. A company that steps in as promoter, it held, carries the obligations of section 11(4)(a) and cannot return them to the one before it. Reports of the order appeared in June 2026.

Which Kind of Change Is It?

Every new name on a hoarding is different in law. The route taken decides the rules, so a buyer should first work out what actually happened.

  • The promoter decided to assign the project to a different company, a case for section 15
  • Registration lapsed or was revoked, and the Authority organised completion under section 8
  • A court-approved insolvency plan installed a different company
  • Owners or branding changed while the promoter entity continued as before

Sections 15 and 8 are RERA's own provisions, so they are the focus below. The regulator in Karnataka is K-RERA.

The Consent Requirement

Section 15(1) forbids a promoter from handing its controlling rights and liabilities in a registered project to an outsider until two things are secured. The law accepts both together and neither alone. Units belonging to the promoter are not counted in the first.

  • Written agreement from two-thirds of the people who have bought
  • Approval in writing from the Authority

To prevent manipulation, a person with several bookings counts once, even when the flats are held in family or related-company names. Otherwise a big investor or the promoter's associates could supply a majority single-handedly.

The same provision shields what buyers already hold. A transfer done properly leaves every allotment and sale by the departing promoter as it was. Unit, price and terms continue.

What the Newcomer Inherits

Section 15(2) puts the incoming promoter in the outgoing one's place for unfinished duties. These cover the Act, its rules and the agreements for sale already signed with buyers. A clean slate is not available.

For anyone waiting on possession, the proviso is the line to remember. A transfer gives the successor no extension of time for completion. Delay beyond the agreed date brings the same consequences that apply to any promoter.

Buyers can therefore treat the date in their agreement as fixed. Interest for delay, and the choice of withdrawing for a refund under section 18, run from that date and not from the day of takeover. Everything paid to the first promoter is credited towards the price.

How Section 8 Works

When registration of a project lapses or is revoked, section 8 lets the Authority consult the State Government and settle how remaining work is done. The task can pass to a competent authority, to the allottees' association or to some other agency, with the association first in line.

Buyers are not asked to vote in this route, because the Authority itself arranges completion. Even so, the company that comes in takes up the buyers' agreements, as the Sohan Skypark order shows.

Reading the Small Print Afterwards

Attempts to alter a buyer's position tend to arrive through paperwork. These are the usual signs, matched with what the law provides.

  • Pressure to sign a fresh letter of allotment or take a substitute unit, when the original allotment is untouched by the transfer
  • Extra payments called revival, takeover or revision levies, although the agreed price and past payments remain valid
  • Altered amenities, revised brochures or added floors, which need allottee consent under section 14
  • An addendum with a later possession date, even though the new builder has no entitlement to more time
  • A bank hesitating over a project under new management, although the loan and tripartite agreement go on

An addendum is the document to read most carefully. If it records a new date or waives delay interest, a buyer may be signing away protections the Act provided. Terms weaker than the registered agreement need not be accepted.

Records Worth Collecting

A solid written record is the best defence in this situation. These are the requests to make, in roughly this order.

  1. Print the project page on the state portal, which names the promoter and gives the RERA number and completion date
  2. Obtain from the new promoter a copy of the regulator's order allowing the takeover
  3. Find out whether buyer consent was gathered and how the majority was tallied
  4. Get a letter confirming the flat number, carpet area, price and every rupee paid so far
  5. Compare any fresh specification sheet with the agreement's schedule, line by line
  6. Ask your lender to confirm that disbursements will carry on and where they will be sent
  7. Insist on receipts in the new promoter's name for every later payment to the project account

Buyers who act together get more done. An allottees' association can request records, negotiate and approach the regulator with one voice. Anyone who was never consulted, and who finds no approval on the portal, can file a section 31 complaint to test the transfer.

If You Are Still Choosing a Flat

Open the portal entry first and the brochure afterwards. It lists the current promoter, extensions of registration, progress reports filed each quarter and complaints on record. A capable developer stepping in can restart a stalled site, and the filings reveal whether work resumed.

Compare prices as well. Existing buyers hold older agreements, whereas new sales are quoted at today's rates. Our advisory team can weigh the project against other registered homes in the same area.

Frequently Asked Questions

Does a builder need buyer consent to hand a registered project to someone else?+
Yes. Before majority rights and liabilities move to an outsider, section 15 calls for written consent from two-thirds of the allottees and written approval from the Authority, both obtained in advance.
Do the terms of my agreement for sale bind the new promoter?+
They do. Under section 15(2) the successor must meet every pending duty under the Act and under agreements its predecessor signed. Allotments and sales already made carry on untouched.
Will possession be delayed because a new builder has taken over?+
The law gives no such relief. The proviso to section 15(2) denies the new promoter an extension, so delay interest or a refund is still measured against the date written in the agreement.
Who gets counted in the two-thirds figure?+
Each buyer is one allottee however many units are booked. Bookings by relatives or related companies merge into one, and flats the promoter holds itself are left out.
Where do I confirm the current promoter of my project?+
Check the project entry on the Karnataka RERA portal, which lists promoter, registration number, completion date and each quarter's update. A doubtful transfer can be taken to K-RERA through a section 31 complaint.

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