Section 8 in West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters), Act, 1993
8. Alteration or addition without consent of transferee and rectification of defect.
(1) No promoter shall, after he has been granted under sub-section (5) of section 3 permission to construct a building and after an agreement under section 7 has been entered into by him with any person who intends to purchase a flat, make, without prior consent of such person,(i)any alteration in the structure of such flat; or(ii)make any alteration in the structure of a building or construct any additional structure;Provided that every alteration in the structure of such flat or building or every construction of such additional structure shall be done with the prior permission of the authority which sanctioned the original plan of such flat or building and with due regard to the detailed specifications of the construction of building as approved by the competent authority under any law for the time being in force.(2)Subject to the provisions of sub-section (1), a building shall be constructed and completed in accordance-with the plan referred to in clause (f), and the specifications referred to in clause (g), of sub-section (2) of section 3. If any defect in the construction of the building or in the material used or if any unauthorised change in the construction of the building is brought to the notice of the promoter by the person or persons taking possession of the building within a period of one year from the date of taking such possession, it shall either be rectified, wherever possible, by the promoter without charge to the person or persons who agreed to purchase any flat or flats or such person or persons shall be paid a reasonable compensation for such defect or change.(3)Where there is a dispute as respects any defect in the construction of the building or in the material used or any unauthorised change in the construction of the building or the amount of reasonable compensation payable in respect of such defect or change which is not rectified by the promoter or is incapable of being rectified, or where there is a dispute as to whether it is reasonably possible for the promoter to rectify such defect or change [notwithstanding anything contained in any other Act, the matter shall, on payment of such fee by the purchaser in such manner as may be prescribed, be referred forthwith for an enquiry, to the Chief Engineer in the Housing Directorate under the Housing Department of the State Government or to such other officer of the State Government not below the rank of Executive Engineer, as the State Government may appoint or to the concerned local body or to any other experts as may be prescribed, who, after necessary investigation into the matter, shall submit a report with specific views to the authorised officer within a period of six months from the date of payment of the fee referred to above and the authorised officer shall, on the basis of the enquiry reports received from any of the authorities as aforesaid, dispose of such dispute within three months thereafter:Provided that such dispute is to be brought to the notice of the authorised officer within a period of two years from the date of taking possession of the building, and the decision of the authorised officer thereof shall be final.] [Substituted by Act 35 of 2002, w.e.f. 01.09.2003.](4)[ * * *] [Ommitted by ibid.](5)[ The Chief Engineer or the officer appointed under sub-section (3) or the local body or the experts, as the case may be, entrusted for enquiry into the disputes referred to in sub-section (3), shall have access to the site of any building under construction by any promoter, whose name has been registered under sub-section (5) of section 3, at any time of the day without prior intimation to him for inspection of the work of construction or for investigation of any complaint from any purchaser or other person or from any other source with regard to unlawful or defective construction or use of sub-standard materials, as may be referred to him by the authorised officer.] [Substituted by Act 35 of 2002, w.e.f. 01.09.2003]
