• Different UDS for same size flats

I’m planning to purchase a flat in Bangalore. Super Built-up Area of this flat is 1600sq.ft. with 358sq.ft. UDS.

However I noticed that another flat with same super built-up area has slightly lower UDS of 357sq.ft.

So, it’s 1sq.ft. difference for these two flats.

Is this legal for the builder to assign different UDS for same size flats?

Will there be any legal issues in future due to differences in UDS?
Asked 3 years ago in Property Law
Religion: Hindu

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20 Answers

In Bengaluru tgere iw a separate agreement for UDS. i don't know whether you have done a separate agreement for it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The difference of same size of flat you can find the difference in the Terrace or Gallery area as compared to each other. The flat Super Built-up Area may be same, kindly check each room and Terrace are the same of has difference in it.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

It is only minor difference of one square feet 

 

it would not create legal issues at later stage 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

No there will be no dispute in future 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. UDS = Total Land Area x Size of the individual apartment ÷ the sum of areas of all apartments.

2. Builder has to adopt the same formula.

3. It's not legal for a buyer to assign different UDS for same size flats.

4. Legal issues may likely to crop up from the buyer of the flat, who has been assigned lower UDS for same size flats. 

5.  This might have happened in the apartment complex which has more number of flats constructed than the sanctioned plan.

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

Undivided share of land or UDS as I am sure you already know is your share in the the actual land. So if tomorrow there is no building there then that is your share in the land of the society.

Normally builder cannot give two different UDS for same carpet area or built up area flats. 

Check the built-up area and not the super built-up area because UDS is calculated on built up area or carpet area as we call it. That might be the cause of discrepancy. If not then ask your builder the reason and make sure he gives a satisfactory answer else it might be that he is committing fraud.

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

1. Minor insignificant difference shall be obvious due to layout drawings of floor plan, contours & thickness of the walls etc.... . This does not affect in anyway, as far as any futuristic legal issues are concerned.

2. What is important is the plan should be duly sanctioned by the local development of civic authority and such differences shall be evident in the sanctioned plans.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No, it's not legal for the Builder to assign different UDS for same size flats.

Since the difference is 1 sq. Feet ,there will not be any legal issue in future due to differences in UDS of negligible size otherwise you may place it on the record by questioning the Builder of difference in UDS for same size flats.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

- As per rule , when you buy a flat , then you are technically buying two things i.e. the first thing is the constructed part of the building where being owner , you will actually reside, while the second is a proportionate share of the land on which the property is built , and this share of land allotted to the you/flat owner is known as an undivided land share or UDS.

- Further, the value of any property is the increased , due to increase in the land rate and not the constructed area, and hence it is the UDS that determines the future monetary value of the property. 

- Further, if the apartment in which you are going to purchase is demolished for reconstruction or comes under a government acquisition project and made available for demolition, the compensation to the respective flat owner will depend on the percentage of the undivided land share in the property.

- Hence, the sum of the UDS for each flat owner must be proportionate to the area of the land in which the apartment has been constructed.

- Further, In case of co-operative housing societies, the UDS must legally be in the name of the society since the flat owners are the shareholders of the society.

- Hence, there will be legal issues in future due to difference in UDS. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

There is little difference between mathematics and engineering where 2 +2 may not be 4 in all circumstance. 

The variables to take into account while calculating SBA is naturally not same for each flat and such differences are quite common. 

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

Buyer will have same UDS rights. Variation by builder dose not effect right in UDS.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

 No it's illegal you can approach consumer court or other competent authority for direction and Redeessal

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

The difference may occur due to location also. 

If you are getting a lesser UDS then you can agitate over this. 

 

However you may better obtain a proper legal opinion before venturing into the purchase of this property. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

1. The builder is free to assign different UDS for same size flats.

2. He has not done anything illegal,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

it is quite possible that the said transaction/description of UDS is just approximate and it will not finally affect in any manner. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

you can go ahead, it would not create any legal issue..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes it is legal.

There will be no issues in future due to slight difference in UDS. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

In case of redevelopment super built up area to be allotted would depend upon association agreement t with builder for redevelopment 

 

2) you may be allotted more carpet area of flat on redevelopment of property with parking slots 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

The rights you are enjoying now cannot be curtailed in future in your property for any reason including the redevelopment of the property at a later stage.

Whatever rights you have been bestowed with upon purchase of this property by a registered sale deed,  shall remain in tact till you transfer this property by sale or any other means to a third party.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

It depends on the development agreement you sign and the existing law. It's important that present car parking should be on paper

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

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