Sale deed would mention carpet area only
builder may give quote as per super built up area but in agreement only carpet area has to be mentioned
Flat cost in RERA properties
I am planning to buy a flat in nagpur. While doing my research, i have found that the RERA registered projects to be sold on carpet area, but all builders are selling the flats on super build up area. Is there a way by which the flat can be bought on on carpet area and not on the super build up ?
Asked 1 month ago in Property Law
Religion: Other
12 Answers
Builders are obligated to sell flats based on carpet area, not super built-up area, as per the Real Estate (Regulation and Development) Act (RERA) and other legal agreements. While they might initially advertise projects using super built-up area, the final sale agreement must be based on the carpet area.
RERA mandates that developers sell properties based on carpet area to ensure transparency and protect buyers.
Selling based on super built-up area is considered a violation of RERA rules and may lead to legal action.
In some cases, builders might try to charge for super built-up area, but buyers should insist on a sale agreement based on the carpet area to avoid potential issues.
Lodge complaint with the RERA Authority if the builder is not selling the property on carpet area basis.
Yes, under RERA rules, flats must be sold and priced based on carpet area, not super built-up area.
However, many builders still quote using super built-up. You should:
-
Insist on a cost breakup based on carpet area (it's your right under RERA).
-
Ensure the sale agreement mentions only carpet area.
-
If the builder refuses, you can file a complaint on maharera.mahaonline.gov.in.
Always choose builders who comply with RERA norms.
Presently no builder can sell the flat on super built up area it’s sold on carpet area only as per rera and mofa rules
What is happening is, builder is giving quotation of the flat as 60Lac which includes the super build up area. Super build up area is 1400sqft @ 4280rs/sqft. And he asks for how much direct cash payment i can pay. And depending on the direct cash he will adjust the cost in sale deed based on carpet area of 950sqft something. So in sale deed it will be as per 950sqft @ 4280rs/sqft = 40L something will be the cost on sale deed which follows the RERA rules and i have to pay 40L as per sale deed. Then what happens to the cash payment? What is the way by which i can avoid paying cash and the amount above 40L?
Asked 1 month ago
tell builder you have to apply for home loan
dont have any money to pay cash
would prefer to make entire cheque payment only . hence actual sale consideration should be mentioned in sale deed
You can very well refuse to pay the cash stating it as an offence to transact by cash beyond Rs. 20000 as per income tax rules and make payment by RTGS or any other mode to record the transaction.
The builder cannot force you, if he does, you request to issue a stamped receipt for the received sum
Cash transactions is not legal it’s done to avoid tax burden
Dear Sir/Madam,
It is advised that the inputs given you by just showing black picutre of the misdeeds done by the builders. It's nothing but a malpractice and in my considered opinion, you must report such things to vigilance/crime branch.
+ Under RERA Act, the Carpet Area is the only legally permissible unit for sale of flats in RERA-registered projects.
- Further, selling on super built-up area is not allowed for registered projects , and hence the builder has no right to sell the flat on super built-up area.
- Further, even in the sale deed the carpet area will be mentioned , and hence you can deny to pay the amount based on the super builder up area.
Negotiate with builder and mention that cash payments leave you vulnerable to various disputes, no proof of payment for cash amount, tax scrutiny, Bank Loan Complications which you wish to avoid.
Inform the builder that you are aware of RERA’s carpet area mandate and the penalties for non-compliance. This may encourage them to revise the quotation.
If the builder refuses to revise the quotation or demands cash, file an online complaint with RERA, providing evidence This can pressure the builder to comply.
If the builder remains inflexible, explore alternative RERA-compliant projects in Nagpur that adhere to carpet area pricing and transparent payment terms.
