Redevelopment project, current eligible MOFA area 600 sqft. Developer offering 550 sq ft MOFA area. 575 sq ft RERA area. Surrender area of 50 sq ft. Developer paying at relevant rate for surrender area. 2 months down, Developer now offering 600 sq ft mofa area. 635 sqft rera area. 45 sq ft balcony. Based on mofa additional area should have been 600 - 600 + 45 = 45 sq ft. However this time developer insisting that additional purchase area would be 635 - 600 + 45 , resulting in 75 sq ft extra purchase. Also balcony added conditionally for some floor. The introduction at my floor seems forced. Not sure how the mofa rera areas are considered when surrendering / purchasing area. Could someone shed light on how legit this calculation are, and are there are guidelines that developer nneeds to follow or it's his free will.
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It depends upon agreement entered into by the society with the developer
tenders must have been floated ,project management consultant appointed
3) PMC must have guided you as to the additional area you would be entitled
4) AGM must have considered various offers before finalising the builder
5) consult a local architect
It's not clear from your 'mofa rera' Area query whether you are an allottee/flat purchaser or an allottee of rehab premises in the new rehab bldg
However I am taking it that you are an allottee being allotted rehab premises since you refer to surrender and purchase of area
Although rera has not repealed mofa, but in case of inconsistency between the two acts, rera will prevail over mofa
Also mofa and rera do not apply in case new premises are being allotted to an allottee free of costs and in lieu of the old premises
Mofa and rera only apply to builder- purchaser agreements where the builder 'sells' flats to purchasers against monetary consideration
You seem to not fall in the above class
So the calculations based on mofa rera given by builder would not bind you unless the same was agreed upon in PAAA between builder and allottee
Dear Client,
In redevelopment projects, it's crucial to understand the difference between the MOFA (Maharashtra Ownership Flats Act) area and the RERA (Real Estate Regulatory Authority) area, as they can lead to confusion due to differing calculation methods. Here’s a breakdown:
Initial Offer:
600 sq ft MOFA: eligible area based on your current property.
550 sq ft MOFA: Initially offered by the developer.
575 sq ft RERA: Initially offered by the developer.
Surrender Area: 50 sq ft, for which the developer pays at the relevant rate.
Revised Offer:
600 sq ft MOFA: Now offered by the developer.
635 sq ft RERA: Now offered by the developer, including common areas.
45 sq ft balcony: Added conditionally for some floors.
Calculation:
Previous Calculation: 600 (existing) - 600 (offered) + 45 (balcony) = 45 sq ft additional purchase.
Current Calculation: 635 (offered) - 600 (existing) + 45 (balcony) = 75 sq ft additional purchase.
Key Points:
1. MOFA vs. RERA: Ensure clarity on what areas are included in the RERA area. RERA often includes common areas and balconies, which are not part of MOFA.
2. Guidelines: MOFA mandates clear disclosure of carpet area, and any reduction must be compensated. RERA requires transparent communication of the carpet area and additional spaces.
3. Balcony Condition: Ensure the conditional addition of the balcony is clearly agreed upon. If it feels forced or unfair, negotiate with the developer.
4. Legal Advice: Consult a property lawyer familiar with MOFA and RERA regulations to review the offer and ensure compliance with legal standards.
Additionally, seek advice from a property lawyer to ensure your interests are protected during negotiations.
I am an existing tenant, not seeking any additional area over and above as part of redevelopment. Being forced to purchase extra as multiple tenants are seeking extra area and in order to maintain uniformity, I'm being asked to also agree with purchasing the extra area, which im not clear should be treated aa mofa area Or rera, as that affects the calculation. Old MOFA area - new MOFA area. Vs old MOFA area - new RERA area. No PAAA has been signed, developer is asking to finalize the unit to be allocated. Only developer agreement between society and developer is signed and registered under RERA provisions
You cannot be forced to purchase additional area
on redevelopment you would get ownership rights of flat
Dear Client,
In your current position as an existing tenant facing pressure to purchase extra space in a redevelopment project, clarity is crucial. Firstly, seek clarification on whether the additional area should be considered MOFA or RERA, as this distinction impacts calculations and costs. Additionally, understand the method used to calculate the change in area and ensure it aligns with your rights under the existing legal framework.
Consider the balance between the developer's push for uniformity among tenants seeking extra area and your individual rights. Review the Developer Agreement registered under RERA provisions to ascertain your entitlements and obligations. Given the complexity, seeking legal counsel specialising in redevelopment projects can provide valuable insights and ensure your interests are protected during negotiations.
If you are purchasing extra area then Rera carpet area calculation will apply
FSI includes balconies, but if the builder has not already provided them initially, then the balcony is no longer recognised as a part of the redevelopment process.
The concept of ‘Fungible FSI’ was amended in the new Development Control Regulations (DCR) in 2012, where the areas, such as balconies, flower beds, terraces and niches, were included under the FSI. To compensate the builders for the loss, the government made a provision for additional built-up space in lieu of a premium.
The premium levied is a percentage of the Ready Reckoner Rate (RRR) prevalent in an area. For instance, residential properties attract 60 percent of the RRR as a fungible FSI fee. Similarly, the fees for industrial and commercial developments are 80 percent and 100 percent of RRR, respectively. Further, developers can avail around 25 percent more parking space over the DCR limit free of cost, which is a respite to builders and home buyers.
MOFA (Maharashtra Ownership Flats Act) is the older legislation that only applies in Maharashtra. It refers to the whole floor area, including the balcony, as the carpet area. The national law, known as the Real Estate Regulation and Development Act, places a strong emphasis on useable space. The RERA
carpet area
encompasses the space occupied by interior partition walls but excludes balconies, external walls and other unusable regions. As a result, for the same flat, a RERA carpet area will be marginally smaller than a MOFA carpet area.
If the agreement conditions between the builder and the society is affecting your interest and you were not given a copy of PAAA neither you were asked about your consent to the conditions thereon, you always have an option to approach court of law with a suit for permanent injunction to stay the process until the conditions are fair and just to all
- As per rule , tenants are entitled to get more area than they currently occupy—minimum area will be 300 sq ft and maximum 1,292 sq ft—free of cost. If their area crosses the maximum cap, the tenant will have to pay construction cost of the additional area to the landowner.
- Further, the developer give the tenants the ownership rights in the new building of the same area or with little additional area. Tenants having 300 to 753 Sq. Feet shall get the existing area and tenants having more than 753 sq. feet shall get maximum 753 Sq. Feet carpet area. Further all the tenants will get ownership flats in the new building including the fungible FSI of 35%.
- Further, since the said allotment is due to redevelopment , then in this case neither MOFA or RERA will be applicable for the tenants.
- However, RERA carpet area rule will be applicable in case of the purchasing any additional area.
Balcony areas are not considered in mofa
