What is the sale agreement mentioning about this issue?
Is there any mention about the percentage of carpet area or other details in it?
What do you mean to say that builder has taken a loading of 45% in the carpet area?
Loading: The difference between the super built-up area and the carpet area is called loading.
Carpet area is nothing but the net usable area inside the house. This is the actual area which you can call your personal space and you should be really concerned about while buying a property.
Built up Area consists of carpet area, area covered by inner and outer walls and additional areas mandated by the authority such as flower beds, dry balcony etc.
Super Built up Area : Super Built Up Area is the built up area plus proportionate area of common areas such as the lobby, lifts shaft, stairs, etc.
Now to your question of 45% loading on the carpet area:
This break up is extremely essential as builders can place anywhere from 65%-85% of the super built-up area as carpet area. That means, if the price is quoted as Rs. 1,000 per sq ft super built-up area, the carpet area could be anywhere from Rs. 650 per sq ft to Rs. 850 per sq ft. If this break up is not mentioned in the agreement, demand that the vendor/ builder mention it in the sale deed.
not every ‘informed’ home buyer would be aware of the loading factor –or of the correct way of calculating it- even if he is conversant with terms like Carpet Area and Floor Area Ratio. Brokers might take advantage of this lack of information and the buyer might end up paying more for less space.
If the norms are not justified and appears to be violated, or builder is not cooperating or giving a proper reply,approach court for stay.