• What is the meaning of Land Area in calculation of UDS

Dear Sir,

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,

Satyakam Sahu
satyakam.sahu@gmail.com
8822377722
Asked 3 months ago in Property Law from Bhubaneswar, Odisha
Religion: Hindu
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 


Ajay Sethi
Advocate, Mumbai
23371 Answers
1225 Consultations
5.0 on 5.0
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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.  
Lakshmi Kanth
Advocate, Hyderabad
230 Answers
2 Consultations
4.8 on 5.0
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.
    Entrance Lobby
    Corridors
    Stair Cases
    Lift Shafts/ Lift core at every level
    Lift Lobby and all other lobbies, landings etc
    Lift Machine rooms
    Generator rooms
    Electrical rooms and the rooms built for substations/ transformers, if any.
    Gas banks
    Mumty
    Garbage room
    Club house
    Security room
    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.
Ashish Davessar
Advocate, Jaipur
18208 Answers
449 Consultations
5.0 on 5.0
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 
apartments. 
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

EXAMPLE:

Assuming a four-in-one apartment of equal sizes, of say 900 sqft, 
on one ground (2400 sqft) of land. 
              900 
UDS = ----------------- x 2400 = 600 sqft
      (900+900+900+900)
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.
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 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

T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23371 Answers
1225 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18208 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2773 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0