UP regulator asks builders to sell apartments on basis of carpet area only
According to officials, builders have been instructed by the Uttar Pradesh Real Estate Regulatory Authority (UPRERA) to make sure that they only sell flats based on carpet area, not extra area.
The legislation states that a transaction made on the basis of super area cannot be justified. The selling of apartments or units based on super area will be prohibited and may face legal action. According to the authorities, the only basis for the legality of buying and selling houses or apartments is their carpet area.
According to UPRERA chairman Sanjay Bhoosreddy, "it is indeed necessary for allottees to consider the carpet area as the actual area of the unit or apartment and pay the promoter according to this area."
According to the Real Estate (Regulation and Development) Act, 2016, builders must mention the number of units, types of units along with floor, balcony, terrace and area of other spaces while registering a project on the portal. In this process, they mention the actual area of the floor space enclosed by the internal walls (carpet area) on the portal.
However, there have been instances of builders selling units on the basis of super area, which is illegal, authority officials said.
“In this way, selling apartments or units on the basis of super area is contrary to the provisions of the RERA Act. Hence, promoters must ensure sale of units according to the carpet area only. Violation of this provision may cause legal action,” the authority noted.
An UPRERA official explained that developers can advertise their projects on the basis of super area of the flats, but when it comes to the sale of apartments, they must execute builder-buyer agreements on the basis of carpet area only.
