Clearing the confusion over the issue of carpet area, Mukul Singhal the Chairman of UP RERA and principal secretary for housing & urban planning held a meeting with builders, buyers and officials on Tuesday in Noida Sector 6.
The terms ‘Carpet Area’ and ‘Super Built up’ area were in question by the buyers and builders since the inception of the Real Estate (Regulation & Development) Act (RERA). According to the RERA rules, developers have to mention the carpet area while registering the property with the RERA and selling the same to buyers. Contrary to that, the developers in Uttar Pradesh are still selling the units and executing the registration on the basis of super area or plinth area. Due to this, the buyers have to shell out more money to buy and register the properties.
At the meeting, Mr. Singhal told that “The registration of the projects should be done on the basis of the carpet area instead of plinth or super area. To make sure that buyers are not kept in the dark, I will meet with the officials of Uttar Pradesh stamps and registration department to discuss the prevailing issue.”
According to the real estate developers, it is nowhere mentioned in the RERA rules that the registration should be done on the basis of carpet area. The clause 4(3) of the UPRERA rules states that “The promoter (builder) shall disclose the size of the apartment on the basis of carpet area even if earlier sold on any other basis, such as super area, super built-up area, built up area, etc., which shall not affect the validity of the agreement entered into between the promoter and the allottee”. Thus, the registration should happen on the basis of super built-up area.
The buyers have warned to file a plea in Allahabad High Court if the registration of the properties continues on the basis of super built-up area.
It has to be noted that the super area includes spaces outside the walls, such as balcony and other common areas such as shafts and elevator area, whereas the space contained within the inner faces of the walls is termed as the carpet area.
To implement a full-fledged RERA in UP, the Real Estate Regulatory Authority has also started the process of drafting the ‘Agreement for Sale’ document for home buyers and builders with an aim to eliminate flaws while buying the property.
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