Section 7 in The Gujarat Ownership Flats Act, 1973
7. After plans and specifications are disclosed no alterations or additions to be made without consent of persons who have agreed to take the flats; and defects noticed within a year to be rectified.
(1)After the plans and specifications of the building, as approved by the local authority as aforesaid, are disclosed or furnished to the person who agrees to take one or more flats, the promoter shall not make -(i)any alterations in the structures described therein in respect of the flat or flats which are agreed to be taken, without the previous consent of that person; or(ii)any other alterations in the structure of the building, or construct any additional structures, without the previous consent of all the persons who have agreed to take the flats.(2)Subject to sub-section (1), the building shall be constructed and completed in accordance with the plans and specifications aforesaid; and if any defect in the building or material used, or if any unauthorised change in the construction, is brought to the notice of the promoter within a period of one year from the date of handing over possession, it shall wherever possible be rectified by the promoter without further charge to the persons who have agreed to take the flats, and in other cases such persons shall be entitled to receive reasonable compensation for such defect or change. Where there is a dispute as regards any defect in the building or materials used, or any unauthorised change in the construction, the matter shall, within a period of two years from the date of handing over possession and on payment of such fee as may be prescribed, be referred for decision to the Housing Commissioner or to any officer not lower in rank than that of a Superintending Engineer as the State Government may by general or special order specify in this behalf. The Housing Commissioner or such officer shall after inquiry record his decision, which shall be final.Explanation. - In this section "Housing Commissioner" means the Housing Commissioner appointed under the Gujarat Housing Board Act, 1961 (Gujarat XXVIII of 1961) or, as the case may be, the Rural Housing Commissioner appointed under the Gujarat Rural Housing Board Act, 1972 (Gujarat 22 of 1972) having jurisdiction in the area in which the building is constructed.
