What is the meaning of Land Area in calculation of UDS
I have booked a flat in Bhubaneswar, Odisha. I asked for a copy of draft agreement. In the agreement;
1. My builder defines the land area as the covered area as shown in the approval drawings, and thus calculates the UDS on the same. What is the general practice or is there any defined rule or definition of the land area ?
2. My builder defines that amenities such as club houses, play area etc. are not covered under super b/u area. Therefore, he has right to commercially utilize, sell or transfer the same to any party. Can the common facilities be detached from the property legally ? There is a definition of "common area and facility" in the The Odisha Apartment, Ownership Act, 1982 and it clearly states it cannot be detached from the property. Kindly advise how to interpret this clause and can I contest the same with the builder ?
Thanks and Regards,
Asked 2 years ago in Property Law from Bhubaneswar, Odisha
An Undivided share is a share of land allotted to the flat buyer while purchasing a property and it is registered in the name of the owner. When a home buyer purchases an apartment, he/she is entitled to proportionate share of land, where the whole building is constructed.
2)The UDS is based on the percentage of the super built up area of the apartment to the total super built-up area of all the flats.
3) play area etc cannot be detached by builder and builder cannot sell or transfer same to another party
Land area in the construction project means the land measurement of total buildable area which is allotted by the government as per the existing data.
what your builder claims is against the existing norms. Any facility made available in the premise belongs to the association once it is formed. Builder ceased to have any right over the property/land once the formation of the society or association of the apartment owners, and transfer the title of the land through a registered deed of conveyance .
You should check your agreement for the amenities mentioned , each amenities are numbered and as per the first approved plan of the builder submitted to the municipal/ or local body authorities for permission and approval , if it is mentioned you have every right to get it as an amenity.
You should engage a lawyer and scrutinize your agreement and other contracts and proceed against the builder.
If needed get hold of other buyers and approach the court against the builder before he misuse the amenities or the facilities which the purchaser deserves.
The UDS or Undivided Share in Land will stand for the undivided land have allotted to a particular flat owner or structure owner. Suppose, an apartment or a structure built on total area of 1000 Sq. Yards and there are 10 Flats or 10 separate structures owners, the entire land of 1000 Sq. yards will divided in 10 parts and that will be allotted as UDS or Undivided Share of land, thus every owner will be allotted to 100 Sq. Yards as UDS. It means the entire land will be divided in to number of occupants as owners. The super structure, slab area, plinth area, and carter area etc., will be part of flat area. The common amenities and facilities are different from UDS. If under any unavoidable circumstances the structure on said land demolished, the UDS will be allotted. For example as per municipal and other guide lines life of a structure or apartment will be for a period of some years and after that the structure is liable to demolish than the UDS will be crucial.
1. The formula is :-Total extent of land x your portion built up area/Total Built up area.
2. The common facilities cannot be detached from the property. The Super Built Area, as per CREDAI definition, shall mean; Built Up Area as defined above plus the proportionate share of the following;
A certain percentage of the double height areas or terraces,if any.
Lift Shafts/ Lift core at every level
Lift Lobby and all other lobbies, landings etc
Lift Machine rooms
Electrical rooms and the rooms built for substations/ transformers, if any.
Indoor sports rooms
General Toilets for Common Servants/ Maintenance Staff/ Drivers
And any other common areas constructed not included above, provided they are not separately charged.
1. UDS (Undivided Share) is usually calculated as a percentage of
the apartments super built-up area to the total super built-up area of all
Usually, it is of the form..
Individual Apartment's super built-up area
UDS = ------------------------------------------ x Total Land Area.
Sum of all Apartments' super built-up area
Assuming a four-in-one apartment of equal sizes, of say 900 sqft,
on one ground (2400 sqft) of land.
UDS = ----------------- x 2400 = 600 sqft
The UDS will be 600 sqft.
2. Even if the apartment society wants to redevelop the property after decades, the building will be demolished and only the undivided share of land maters. It is crucial to understand your undivided share in a multi-storey residential project.
In case of co-operative societies, the UDs will be in the name of the society as the flat owners are the share holders of the society. Otherwise, the flat owners should check their share of UDS in the sales agreement.
When a home buyer purchases an apartment, he/she is entitled to 2 things: the constructed building and the proportionate share of land, where the whole building is constructed.
An Undivided share is a share of land allotted to the flat buyer while purchasing a property and it is registered in the name of the owner.