[Resolved]  Real Estate — Builders charging build-up and super built- up

carpet area definition

Builders are still charging the build up and No action has been no action taken

Mumbai: In a bid to clarify the concept of carpet area and make builders more accountable, the state government will soon ‘define’ what carpet area is. The state housing department, along with the Urban Development (UD) department, is preparing the modalities to finalise the definition.

This move comes following the amendment to The Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963, that makes it mandatory for the builder to sell the flat on the basis of carpet area for all the proposals submitted after May 12, 2008.

However, with no clear definition of carpet area, the builders used different parameters to describe carpet area, built-up area and super built-up area to confuse buyers. “Our department, in co-ordination with the UD department, is working to define carpet area, ’’ said Sitaram Kunte, secretary, housing department.

A senior officer in the UD department said the development control rules were being changed following complaints from consumers who had been cheated by builders. “The definition for the carpet area will be ready soon, ’’ he added.

According to the amendment to the Act, balcony is part of the carpet area. “To increase the space of a flat, people generally modify the balcony provided by the builder, ’’ said a senior official from the chief minister’s office. To discourage such illegal construction, The CM, in a meeting with the Housing and the UD departments this week at Mantralaya, suggested exclusion of balcony from the carpet area, the official added.

According to the amendment to section 3 (2) of the Act, a builder selling flats without specifying the carpet area and charging in excess to the mentioned area can face severe punishment like three years’ imprisonment. The amendment to this act was passed by the state legislature during the monsoon session.

FIGURING IT OUT

Super built-up area: It includes elevators, passage and lobby. At present, flats are sold according to super built-up area
Built-up area: It covers the balcony and width of the walls
Carpet area: Internal area of a flat (wall-to-wall area of the flat). The amended law includes balcony as part of the carpet area