Legal experts advise homebuyers to verify that the flat and floor numbers in their agreement for sale match the sanctioned building plans before purchasing a property.
This follows a recent observation by the Maharashtra Real Estate Regulatory Authority (MahaRERA), which said that a developer cannot renumber floors after obtaining sanctioned plans merely because the number 13 is considered unlucky. While MahaRERA did not grant relief in the case since the project had already been completed, legal experts say the order serves as an important reminder for homebuyers to conduct due diligence before investing in a property.
Legal experts’ take on renumbering of floors
According to legal experts, developers legally cannot renumber flats or floors after obtaining sanctioned plans, as it may create legal and financing issues for homebuyers. If the number 13 is to be avoided, it should be addressed at the planning stage, not after approvals are granted.
“Although MahaRERA declined to grant any relief since the project had already been completed, it observed that the developer had violated the sanctioned plan wherein the 13th floor is shown but the flat numbers are not numbered as such. Significantly, the MahaRERA directed that if, in future, members owning flats above the 13th floor face any issues on account of the adopted numbering scheme, it would be the Promoter’s (developer’s) responsibility to rectify the defect. While the order does not define the scope of such \”defect,\” developers should be responsible for ensuring that such nomenclature does not create legal or administrative complications for purchasers,” said Trupti Daphtary, an advocate and solicitor based in Mumbai.
“For homebuyers, this order serves as a reminder to verify whether the flat number mentioned in the agreement for sale, approved plans, property tax bills and society records are consistent. Any discrepancy in floor or flat numbering may lead to practical issues in property registration, property tax records, home loans, utility connections, or future resale transactions,” said Daphtary.
“In my opinion, a developer should not renumber flats or floors in a manner contrary to the sanctioned plans. Such renumbering may create significant legal and practical issues for flat purchasers in the future, particularly at the time of resale. Banks, financial institutions, and statutory authorities may raise queries or seek clarifications when the numbering in the approved sanctioned plans does not correspond with the actual numbering adopted by the developer,” said Sunil M. Kewalramani, proprietor at Sunil M Kewalramani and Associates.
“If a developer wishes to avoid the number “13” due to market preferences or superstitious beliefs, the appropriate course is to address the issue at the planning stage itself. While obtaining approval of the sanctioned plans, the Developer may designate the 13th floor for amenities, common facilities, or, wherever permissible under the applicable building regulations, as a refuge floor, instead of arbitrarily renumbering the floors after obtaining approvals,” Kewalramani said.
MahaRERA on developers skipping the 13th floor
The MahaRERA recently addressed a complaint from a housing society near Mumbai, alleging that the developer had renumbered the apartments on the 13th floor as 1401, 1402, and so on, effectively erasing the number 13 from the building. According to the society, the change created a mismatch between the sanctioned plans and the on-site numbering, leading to discrepancies in official records and property tax documents.
The MahaRERA observed that if the developer believed the number 13 was inauspicious, it should have factored that into the building design before seeking approval of the plans.
“If the Respondent (developer) knew that the 13th floor is considered unlucky, the Respondent could have taken steps to avoid constructing flats on the 13th floor by preparing a plan accordingly. After getting approval from the concerned authority on the plan, the Respondent cannot take the stand that the 13th floor is unlucky; hence, flat numbers are not numbered in 13 series,” the MahaRERA observed.
The regulator further observed that the developer is bound to adhere to the sanctioned plans under Section 14(2) of the Real Estate (Regulation and Development) Act, 2016. It added that if residents of flats above the 13th floor face any future issues due to the numbering discrepancy, it would be the developer’s responsibility to rectify them.
