Sir, Building construction got completed in 2015 along with it's OC. I purchased flat in 2019, hence builder made agreement as per Rera showing Carpet area only, whereby Dry balcony, terrace & enclosed balcony areas weren't mentioned in Sale agreement anywhere but it's shown in floor layout plan annexed in Annexure C along Sale Agreement. [This I came to know on a recent transaction done with buyer which wasn't materialised but he highlighted this part] My question- Is my agreement correct or do I need to talk to Builder for Rectification deed to include enclosed balcony area on the Property Scheduled as disclosure. Please advice as if I Sale my flat or building goes for redevelopment after it's fixed period, I hope I can showcase balcony area as given on floor plan layout Annexed in Annexure C of the sale agreement & get the same sold/approved. As in anycase, what I know as a layman balcony comes under built up area, hence not mandatory to disclose in sale agreement. Please guide 🙏
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Carpet area reflect actual area of flat
2) Carpet area as per RERA-Real Estate Regulatory Authority-is the net usable floor area of an apartment plus the internal walls, which excludes size of external walls, services shafts, exclusive balcony or verandah area and exclusive open terrace.
3) not necessary to mention terrace ,balcony
Agreement should detail the construction in purchased flat and details thereof. There is no need for any rectification deed. Through a correspondence also builder can confirm construction in the flat.
Dear Client,
According to the guidelines set by RERA (Real Estate Regulatory Authority), the carpet area represents the actual usable floor area of an apartment, inclusive of the internal walls. This measurement excludes the size of external walls, service shafts, as well as any exclusive balcony, verandah area, or open terrace. In essence, the carpet area provides an accurate reflection of the functional living space within the apartment, ensuring transparency for buyers and helping them understand the actual area they will have at their disposal. By disregarding the terrace and balcony dimensions from the calculation, RERA aims to provide a clear and standardized basis for property measurements, enabling fair and reliable comparisons between different residential units.
Kindly compare Layout Sanction by Municipal corporation and RERA guidelines with your register agreement than you will come to know what is missing or its not missing.
Usually all Dry balcony, terrace & enclosed balcony, staircase, lobby area are counted under 15-30% of Built-up area normal. And its do mentioned in the Municipal corporation act.
In the description of the flat in SA, balcony will show and later in the sale deed and flat blue print.
balcony comes under built up area - Yes. Just mention the existence of balcony in sale deed.
The built-up area of a premise is measured from the external perimeter wall surfaces. It is the carpet area plus the wall thickness along with other unusable areas within the apartment such as the dry balcony, terrace, flower beds, etc
Builders should ideally mention the carpet area in the agreement, but they almost always state the super built-up area that is 20-30 per cent more than the carpet area.
The price of your flat is usually based on its salable area. But there are many ways to interpret and calculate the salable area. This can have a huge impact on (i) the actual area you get, and (ii) your total buying price.
Although these terms are not clearly defined in any statute book, knowing what they mean will help you to:
So the 7 Things You Absolutely Must Know before buying a home are:
Ajay Sir- You state not necessary to mention balcony etc in Sale Deed, whereas other say its needs to be mentioned. My agreement is made in Panvel Raigad. I just wanted to know while I tried to Sale my flat, last buyer refused to accept the deal due to Balcony & Utility area detail weren't mentioned in Agreement just merely shown on Layout Plan he wasn't convinced, as he said after 25yrs when building goes for redevelopment he won't get extra space for Balcony & Terrace areas which all other flats would get as their agreement was made during MOFA wherein carpet were shown inclusive of Balcony area & mine as per RERA with no disclosure of Balcony area in agreement would lead him to loss. In this regard, how shall I keep my stand to sale my flat as the utility Balcony area is 11Sqm which is substantial for a 2bhk whose carpet area is 43Sqm on Sale Agreement. Is he right as a buyer will he not get Balcony area calculation on redevelopment stage as it's not clearly shown on agreement rather just shown on Layout sanction plan of the building & individual flat demarcated? Surprisingly builder has drafted 3 types of agreement in one building, 1st during Mofa with carpet inclusive of Balcony which is correct(Majority sold 440flats), 2nd during 2018-19 as per Rera on Carpet Area & no where showing Balcony area on the Sale Deed(7 Flats were sold out of which one is mine) & 3rd after 2020 as per Rera on Carpet Area in agreement & bifurcating it in Schedule property they showed Carpet + Inner CB Area + Balcony Area all together (8 Flats were sold). Mofa period & later from 2020 period deals Total built up area for 2bhk remains equal as per agreement when we compare, only the ones sold during 2018-19 don't have clarity for Balcony in which is Built up area, hence the chaos which agreement is correct out of the lot. Builder says he made agreement as per Rera laws during our time & later some modification were done due to which they bifurcated. Pls suggest me with yr inputs
Your apprehension is correct.
As per RERA not necessary to mention balcony
I have given my opinion as per definition of carpet area in RERA
builder is correct
Builder would not execute deed of rectification as agreement executed as per RERA
You can insist the builder to prepare the sale deed as per what you have observed without which you may have to lose the rights in future as apprehended now.
The clear picture of Built-up area, Carpet area, Super built-up area are to be reflected in the sale deed by which the carpet area plus the wall thickness along with other unusable areas within the apartment such as the dry balcony, terrace, flower beds, etc are shown as salable area.
Both mods and rera agreements are binding and legal
The buyer is correct in his assessment that he will not get extra space for the balcony and terrace areas if your agreement does not mention them. This is because the balcony and terrace areas are not considered as part of the carpet area in RERA agreements. Therefore, if the agreement does not specifically mention them, they will not be included in the calculation of the new flat's area in the event of redevelopment.
The builder's argument that he made the agreement as per RERA laws is not entirely correct. While it is true that RERA does not require balcony and terrace areas to be included in the carpet area, it does require them to be disclosed in the agreement. If the agreement does not mention them, then the buyer is not bound by them.
In your case, it is clear that the buyer is not willing to buy the flat without a guarantee that he will get the balcony and terrace areas in the new flat. Therefore, you will need to either amend the agreement to include them, or find another buyer who is willing to accept the agreement as it is.
As for the different types of agreements that the builder has drafted, it is clear that he has not been consistent in his approach. This is likely to cause confusion and problems for the buyers, and it is something that you should be aware of if you are thinking of selling your flat.