Your understanding mixes two different regimes—pre-RERA practice (1990s) and the current RERA framework—so it needs a careful separation.
In the 1990s, builders often followed non-uniform and builder-friendly practices. In many projects, areas such as lofts, flower beds, ducts, etc., were sometimes factored (fully or partially) into what was described as “carpet” or used to inflate built-up/saleable area. There was no standardized statutory definition of carpet area then, which is why agreements typically mentioned built-up or super built-up area with heavy loading.
Under current law, particularly the Real Estate (Regulation and Development) Act, 2016, “carpet area” has a strict definition—it includes only the net usable floor area within internal walls and excludes areas like balconies, terraces, shafts, and typically lofts (unless they are usable floor space at the same level). Therefore, under RERA, a loft is not treated as carpet area in the modern sense.
Coming to your core question on redevelopment:
Your assumption that the builder must consider the “old carpet area including loft” is not automatically correct in law. In redevelopment, the entitlement of an existing member is generally determined by:
the area recorded in the original agreement / society records,
the approved plans and occupation/completion documents, and
the Development Agreement / Permanent Alternate Accommodation Agreement (PAAA) executed during redevelopment.
If the loft area was formally sanctioned in the original building plan and consistently recognized in society records (e.g., tax, share certificate, or agreements), you may have a strong equitable argument to include it in negotiations. However, if it was merely a constructed or builder-added feature without clear legal recognition as part of carpet area, the developer is not legally bound to treat it as carpet area under RERA norms.
Regarding property tax in Navi Mumbai, the area reflected in tax bills is often closer to carpet/assessable area, but it is not conclusive proof of legal carpet area entitlement for redevelopment. It is only one supporting indicator.
In practical terms, during redevelopment:
developers usually offer new RERA-compliant carpet area,
plus additional benefits (fungible FSI, corpus, rent, etc.),
and disputes often arise when old “inflated” or ambiguous areas are compared with new standardized carpet area.
In conclusion, while you may negotiate based on historical usage and sanctioned loft, there is no automatic legal right to demand that the loft be added to carpet area in redevelopment merely because it was earlier counted informally. The outcome depends on documentation, sanction plans, and negotiation strength within the society.
Carpet Area "then" as per the Blue Print (of 1990s')...
It is my understanding that in 1990s, when the Blue Print "then" (Senctioned plan Drawings) shows the Loft with designated name to it as "Loft" "and With its Dimensions", the Builders "then" figured the Loft Area in the Carpet Area (so called "Original Carpet Area"). The Agreement "then" showed only the Built-up/Salable-Area then, which is with about 29% of loading on Original Carpet Area. Carpet Area is stated then (1990s). Also it is understood that the SqMtr shown on the Navi Mumbai Property Tax Bill is "Carpet Area" and not the Built-up Area. So even though as per New RERA rules Loft Area (of approx 33% of the Floor Area) isn't counted in the New RERA Carpet Area, for the Redevelopment, the "Builder should consider the Original Carpet Area (which included the Loft Area)" for the Builder to provide Additional Area (during Redevelopment) on top of that Original Carpet Area. Is that a correct statement? Can you confirm and elaborate on above topics. Thank you.
Asked 8 hours ago in Property Law
Religion: Hindu
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Thank you indeed for prompt response. Why the RERA Carpet area definition has to be in picture at all while Original Existing Carpet Area is justified to come up with Carpet Area "then". Let me explain the Floor Area is about 467 sq.ft and the Loft (of about 5.5 ft of height) Area (shown & "designated as Loft with Dimensions") is 130 Sq.Ft. that makes it 597 Sq Ft of Total Usable Carpet Area. So in that basis, the Builder stated and charged for 773 Sq.ft which amounts to about 30% loading on the Carpet Area, which seems very Justifiable (in 1990s'). That said, 597 Sq.Ft seems very correct to considered as Carpet Area. If "only 567sqFt has to be counted as Carpet Area, the Loading Factor turns out at 67%, which is never heard of then in 1990s or even now, for more like "Class 4-5", Old building built around 1990. Now, "in the present time", the Builder for Redevelopment, shouldn't he count the Existing Carpet Area (Original Carpet Area the Member has), to provide an Additional Space on that 597SqFt? And then come up with New RERA Carpet Area after adding the Additional space they like to add/privide. As far as Property Tax Bill, the Property Tax is figured out on the basis of what real Usable (Carpet Area) which could be Rateable (Rentable) to come with Tax amount on the area that can generate Rents on, I believe. So that said, it is Carpet Area on NMMC Tax Bill (and the Built-up Area). I don't mean to argue but my perception is very logical and few AI also confirmed it. But I needed the Lawyers like to provide your inputs and legal justification. Thank you.
Asked 7 hours ago
Yes builder should consider the existing area as well as FSI and pro raw fsi for the same
The inclusion of loft areas in "original carpet area" for redevelopment can be used by you for negotiations
2)If a loft was part of the Sanctioned Plan Drawings with specific dimensions, it was often considered "net usable area" by builders
3) the square footage on Navi Mumbai Municipal Corporation (NMMC) property tax bills refers to the Carpet Area.
3) For redevelopment, the property tax bill is often used as evidence of the flat's official size
4)Since the loft was a sanctioned, usable space in your 1990s plan,you can insist that builder use original carpet area including loft for redevelopment
You are entitled to a new flat with a carpet area equivalent to the "original premises" plus any negotiated additional area.
2)if a builder charged you for a specific saleable area based on that loft in the 1990s, they cannot now "discount" that same area when returning it to you during redevelopment.
3) builders today get 35% Compensatory/Fungible FSI on top of the existing carpet area to provide extra space. This extra FSI should be applied to your entire 597 sq.ft baseline.