• Builder increasing saleable area at the time of possession

Hi, I booked a 2BHK 1300 sqft apartment in Bangalore in Feb'2013. Now builder sent a mail saying that there is a change in saleable area (revised to 1350 sqft) and asking for 1 lac rupees more. The justification he gave is that they needed to do some deck slab construction on recommendation from fire department.

So my question is how legal or normal it is to increase saleable area after the deal is done.

Also how could it be verified if there is actually an increase in the saleable area?

Also can we take any legal action against the builder or we supposed to pay anyhow in case there is a valid increase?

Please help.

Asked 3 years ago in Property Law from Bangalore, Karnataka
According to concerned Act,after plans and specifications are disclosed no alteration or additions without consent of persons who have agreed to take the flats, the promoter shall not make any alteration in the structures described therein in respect of the flat or flats which are agreed to be taken, without the previous consent of that person;or if any unauthorized change in the construction is brought to the notice of the promoter within a period of one year from the date of handing over possession, it shall wherever possible, be rectified by the promoter without further charge to the person who have agreed to take the flats, and in other cases such persons shall be entitled to receive reasonable compensation for such change.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
This is not acceptable. It seems something fishy because builder has constructed as per approved building plan and abiding all other conditions specified by authorities, hence you can take help of an advocate and take further action.
Anil Kumar
Advocate, Bangalore
35 Answers
6 Consultations
3.5 on 5.0
I agree with Advocate Subhash but pl check the agreement you had with builder.There must be some fine print clause where he will try to cover.Also scope of marginal increase is always there and in this case it is so.
Anil Gupta
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

Ajay Sethi
Advocate, Mumbai
21641 Answers
1128 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
12581 Answers
120 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
17390 Answers
425 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
11262 Answers
205 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
4574 Answers
48 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2635 Answers
38 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
804 Answers
36 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1847 Answers
18 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1932 Answers
61 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1275 Answers
82 Consultations
5.0 on 5.0