• Under RERA, Villa project builder is charging Super build

I am planning to book Vila in Bangalore but builder is charging cost as per Build area.
As per RERA rules it should be carpet are for cost calculation but builder is saying carpet area calculation is only for APARTMENT and not for Villa project.
Please confirm if this is right?
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1. The section 2(e) of the RERA defines and includes the premises which falls under the definition of ' apartment' which says whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a
building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified

2. So by no means the ' Villa' is excluded from the definition of ' apartment' and hence the demand of the developer is not legally permissible.

3. So if the developer does not agree then file case before the consumer forum.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

For the villa area construction area has to be calculated so the built up area has to be considered for the cost.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

They can't charge as per super built up they need to sell as per carpet area

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

According to the RERA, carpet area is defined as ‘the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment’.

 

Builder should sell villa as per the carpet area and not built up area 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

What is RERA?

RERA – The Real Estate (Regulation and Development) Act

It is an authority which helps in the regulation and promotion of the real estate sector. It ensures the sale of apartments, flats, plots, villas or any property in a transparent way and helps in speedy dispute redressal.

 

Kindly check builder has registered his project under RERA.than only go for purchase.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Sir,

What is Carpet Area?

As the name suggests, Carpet Area means the space where you can lay a carpet in the flat like a bedroom, living room, hall.While calculating the carpet area exclude the wall thickness, utility area, and shaft area.

In simple terms, any floor level which is below the normal floor level will be excluded like the bathroom, utility area (excluding kitchen)

What is Built up area / Plinth area?

Built up area means the area covered by a typical flat.

A typical flat will contains bedrooms, living room, hall, kitchen, balcony, utility area, bathroom & shafts.

These all come under built-up area (including wall thickness) Or else we can simply say it as,
Built up Area = Carpet Area + (Utility Area + Shaft Area + wall thickness)

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

yes he is right the carpet area is only for the apartments it is not applicable in case appeal as however even if the carpet area and built up area is taken as calculation is makes no difference because in case of carpet area the prices are increased accordingly to cover up the build up area cost so overall the cost of the property is same and it is a matter of negotiation between the builder and the buyer so you have to consider the property and the price not the carpet area at the built up area

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

that is the practice most builders do

RERA says that the builder has to mention the exact carpet area of the unit, be it a villa or an apartment, has to be stated in the agreement

it nowhere states that the builder cannot charge on basis of super built up or built up area

those charges are towards the common areas and facilities which are provided in the project which are subsumed with the cost of the unit being purchased

so i do not see anything wrong 

you can always negotiate on the quantum of super built up area so that your purchase outgo reduces

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Area of apartment word has been used to define carpet area. And Villa is separate single unit build on separate land. Villa owner is sole owner of land. SO no question of common area. Price will charge for land + construction cost.

Super builder up area includes carpet area, the built-up area, as well as a share of the balance area, such as the stairs, lobbies and galleries, every thing will own to you and under your sole possession usage.

It is separate single unit along with land ownership, changeable for whole property.

Still can confirm from RERA office.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

The Real Estate (Regulation and Development) Act, 2016, is now in force. It requires developers to sell units only on the basis of carpet area, and not built-up or super built-up area.

His logic that carpet area rule is applicable only to flats and not to villas, is absurd. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

OC is required for both apartment as well villa. So the developer is misdirecting you as well on this account.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

OC would be needed for villa project 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Oc is needed for all projects as it's a certificate for the said premises to be fit for occupation

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

No it is not right as builder cannot charge for common area of the building which comes under super buildup area like lift parking stares and shaft area. 

So the demand of builder is absolutely illegal  

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

An OC is required, when applying for water, sanitation and electricity connections etc Even OC is Mandatory for Villa Projects. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

OC is required for the villa also. The khata has to be transferred.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There must have sanctioned plan for complete project. OC and CC is must.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Have you gone through the RERA rules for Villas in this regard?

According to the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA), it is now the duty of the developer, to make buyers aware of the carpet area and quote prices based on this and not the super built-up area.

As per the RERA guidelines, a builder must disclose the exact carpet area, so that a customer knows what he is paying for. However, the act does not make it mandatory for the builders, to sell a flat on the basis of carpet area.”

However the RERA rules are not specific as narrated by yor builder, hence you may confirm the same before agreeing to buy this property from  the builder.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

OC may not be needed for completion of the construction of the villa but you require to have a khata transferred to your name after registration is done.

You may better obtain a proper legal opinion from a local advocate on this before deciding to buy.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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