Yes. They are a part of carpet area.

Yes, all the covered area enjoyed by the occupier or owner of a premises is considered to be the carpet area unless it is temporary.

Mezzanine floor is a permanent constructions for creating additional floor and hence the public authority can very well take this into account while measuring carpet area for valuation.

The period of stay on any particular property does not make any difference.

Get the document from BMC stating they are legalised and are part of carpet area.

, only those lofts bearing a height of more than 5 ft is categorised as mezzanine floor

2) they are considered in carpet area

This is my response to you:

1. Mezzanine floor is not part of the carpet area of the flat;

2. The landlord is correct;

3. Also it was held in the case of: Khodadad Ardeshir Leader And Ors. vs Sundhakar Anantram Shetty

Relevant paragraph No.5:

"........5. We then come to the contention based on the orders of this Court though as to what exactly would be the area, defendant would be entitled to. As noted earlier, there are three areas which were combined together. In so far as mezzanine is concerned, it is a construction in between the floor and the ceiling. The learned Counsel for the defendant contends relying on the publication by Indian Standard Method of Measurement of Plinth, Carpet and Rentable Areas of building, that mezzanine should also be considered to work out the carpet area............. Even otherwise, the Indian Standards does not show that mezzanine area is to be considered for plinth area or carpet area. Mezzanine area is only defined."

4. You can also show him this case: https://indiankanoon.org/doc/5479483/ (other states have also held in the positive);

5. Consult a local lawyer.

Apologies for the correction.

1. if the mezzanine floors reflect in the sanctioned building plans then they are legal and should be counted in carpet area

2. do you have any rule/notification/circular of BMC which states that mezzanine built before 1997 become automatically legal?

Dear Client,

As per DC regulations, mezzanine floor shall be permitted within a room provided that the carpet area of such room is not less than 27 Sq.m and the area of the mezzanine floor does not exceed 30% of the carpet area of the room in which it is located. The height above and below the mezzanine floor shall not be less than 2.4 m and 2.6 m respectively.

Carpet area is the area that can be used to spread a carpet inside the house. It is the net usable area of the apartment. It includes the thickness of the internal wall but excludes balcony or terrace and mezzanine includes balconies, terraces (with or without roof), mezzanine floors etc.

And rule regarding 15th August 1997 still prevail and sate govt. has recommended to modify development control rules to allow lofts and mezzanine floor area to be included while calculating FSI for a tenement.

The match 9 floor is a bypass system to avoid the number number counts of the floor but the area is considered for the purpose of sales and registered in the favour of purchaser

A mezzanine or entresol is a raised platform that is independent of a building structure and is supported by steel columns. Mezzanine flooring can create additional floors of space for a variety of different uses such including storage or extra office space.

Carpet area is the area that can be used to spread a carpet inside the house. It is the net usable area of the apartment. It includes the thickness of the internal wall but excludes balcony or terrace. Technically, the distance between inner walls is carpet area. Also, it will include staircase only if it is inside the apartment, but balcony, lift, lobby, etc. will not include in carpet area.

Therefore mezzanine floor area may not be considered as carpet area.

My landlord ( a very famous builder/re developer) is telling me Mezzanine floors are not added in the carpet area , as they are all illegal. But as per BMC, all Mezzanine floors built before August 1997 are automatically legalize. And even every where in City of Mumbai still Mezzanine floors are being built within the living premises. What is the law ?

Building of a mezzanine floor inside the carpet area may not be illegal, however whether it will be considered as carpet area is the question, yes it is not.