• Should I pay for built up area or super built up area

I am planning to buy a flat in Bangalore . The built up area i.e. inner wall to inner wall is coming to 910 sq ft . Where as in the papers of the property it is mentinoed as 1400sw ft . When i enquired from the owner who is also a builder , he told me that 1400 is the super built up area now my dilemma is that do i oay for built up area or super built up area . Pleaae advise .
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

You pay for the built up area not for the super builtup area , you have to pay only for the carpet area.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sale deed should be based on carpet area of flat 

 

however in reality builder charges you on basis of super built area of flat 

Ajay Sethi
Advocate, Mumbai
94722 Answers
7532 Consultations

5.0 on 5.0

Stamp duty on sale consideration shall be applicable.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Stamp duty has to be paid on area mentioned in sale deed 

Ajay Sethi
Advocate, Mumbai
94722 Answers
7532 Consultations

5.0 on 5.0

Dear Client,

Super build up area covers, built-up area and common area that includes the corridor, lift lobby, lift, etc. You cannot own common area so paying for it not purposeful. Builder cannot charge you for common area, for which maintenance will be paid by every month.

Built up area only.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Pay only for built up area, not super built up. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Pay Stamp Duty Charges On Built up Area. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The RERA act has a provision ensuring that homebuy pay only for the carpet area, that is the area within the wall. The term “carpet area” has also been described under the act.

From the above, it is clear that a builder cannot charge for the super built-up area.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Super built up area is the area which is commonly used by the other property holders but the built up area is the area that you use within the walls there will be no difference in price considering the super area or built up area as the prize per square feet will be different in both the cases to come up to the agreed price consideration now as per the new directives of rera the flats will be sold on built up area so the prices will be inflated accordingly to cover the cast of super area

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You need to pay for only carpet area as per rera and other regulations

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The value of the flat for the purpose of payment of stamp duty is calculated taking int account the super built up area only.

So you will have to make payment on the price of super buil up area only.

In any event the price per sq.ft differs with built up and super built area for obvious purpose. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Hi 

1) Under  subsection 3 of Section 4 of Karnataka Real Estate (Regulation and Development ) Rules 2017, it is mandatory for builder to  disclose the size of the apartment based on 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 to that extent.

2) Since you are in planning stage of buying, please ask the builder to quote the price for Carpet area only. 

3) Also Registration and stamp duty will be based on price per square feet of carpet area only. 

4) If the builder is not providing you the price/agreement based on carpet area, please feel free to complain to Regulating authority under RERA. 

 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

910 is the carpet area

1400 is  built up area

You will have to pay duty on built up 

When you sell, you will quote your per sq ft rate on built up and not carpet

 

Yusuf Rampurawala
Advocate, Mumbai
7512 Answers
79 Consultations

5.0 on 5.0

This area does not include the thickness of the inner walls. It is the actual used area of an apartment. Built up Area is the carpet area plus the thickness of outer walls and the balcony. Super Built Up Area is the built up area plus proportionate area of common areas such as the lobby, lifts shaft, stairs, etc.

Super built-up area is often defined as the saleable area. A simple calculation will reveal how it can be used by builders to quote unreasonable prices. At the rate of Rs. 1500 per square foot, a super built-up area of 1200 square feet will come to a base cost of INR 18 lakhs.

The common area may include the lobby, staircase, elevator and the corridor outside the apartment. Some may even include the terrace, security room, electrical room and/or pump room. There are instances of parking space getting included in super built-up area

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

The stamp duty shall be paid on the super   built up area only since the buyer is purchasing the super built up area.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

There is no such thing in any municipal act for super built up all over india you can find built up area.

 

You can ask builder show your plan where it's mentioned super built.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Dear Sir,

There are 3 things, CARPET AREA, BUILTUP AREA, SUPER BUILT UP AREA. No idea about TOTAL BUILTUP AREA.
So lets see what are these?

Carpet Area is the area enclosed within the walls, actual area to lay the carpet. This area does not include the thickness of the inner walls. It is the actual used area of an apartment.

Built up Area is the carpet area plus the thickness of outer walls and the balcony.

Super Built Up Area is the built up area plus proportionate area of common areas such as the lobby, lifts shaft, stairs, etc. Sometimes it may also include the common areas such, swimming pool, garden, clubhouse, etc.

Generally CARPET AREA is around (70 to 80)% of SUPER BUILT UP AREA. But note that this percentage varies from project to project and builder to builder.

Payment is made on "SUPER BUILT UP AREA".

Now the calculation : Lets take your example, if CARPET AREA is 600 sq ft. What would be SUPER BUILT UP AREA?
Lets assume the ratio is 75:25.
Means CARPET AREA is 75% of SUPER BUILT UP AREA.

SUPER BUILT UP AREA = 600 + 25% of 600 = 600 + 150 = 750 SQ FT

So the payment will be made on 750 sqft not 600 sq ft.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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