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jeevan deshpande   12 February 2026

Previously completed housing building without rera

1) pune based 5 years old stand alone housing building ( 5000 sq ft plot ) already having completed certificate, old building sold 7 flat to seperate owners, till date no society and conveyance is made. 

2) now builder get additional FSI want to build 3 extra flat on same building with joint venture involving third person is it mandatory to registered under RERA

3) No parking is availabe for new proposed flat 

4) is it mandatory to take NOC from old 7 flat owners

5) in 7 flat owners sale agreement it is mentioned that building need not require to take NOC if in case builder get FSI and want to build additional flat on same building

pl guide



Quick Summary
A Pune-based housing building, completed five years ago, is looking to add three new flats using additional FSI. The building currently has seven separate owners, but no formal society or conveyance has been established. The key questions revolve around whether RERA registration is mandatory for this new construction, if No Objection Certificates (NOCs) are needed from the existing seven flat owners, and the implications of the sale agreement regarding FSI and NOCs. The response clarifies that while NOCs from existing owners might not be strictly mandatory, consent is generally required, especially if the additional construction is based on newly available FSI. Furthermore, if these new flats are to be sold, it constitutes a new project and must be registered under MahaRERA.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 February 2026

NOC fromother flat owners is a mandatory requirement and they also will be entitled to an additional FSI.

If the builder intends to sell those 3 new flats, it becomes a new phase/project and must be registered under MahaRERA before advertisement or booking, FAILURE TO REGISTERE MAY ATTRACT PENAL PROVISIONS. 

Builder cannot unilaterally construct additional flats without consent of existing flat purchasers, unless:

The right to additional construction was clearly disclosed in original agreement and layout + FSI potential was disclosed at time of sale.

If additional construction is based on newly available FSI after completion, courts generally hold consent of existing flat owners is required.

1 Like

Dr. J C Vashista (Advocate )     13 February 2026

Additional construction requires proper approval of competent authorities (including MRERA) as per rules governing subject matter.

NOC of existing flat owners is not mandatory. 

Provision for parking is an internal issue depending upon availability of space, which cannot form part of additional construction in increased FSI.

 

1 Like

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