The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has issued a directive that could change the game for flat buyers. The directive mandates all builders, developers, and promoters to sell units or apartments based on ‘Carpet Area’ only. It is in line with the provisions of the RERA Act and other legal agreements, which do not recognise the concept of ‘Super Area’. Consequently, any sale of units or apartments based on ‘Super Area’ will be deemed illegal.
UP RERA Chairman Sanjay Bhoosreddy has clarified that the RERA Act does not define or recognise ‘Super Area’. He emphasised that the Carpet Area, which is the actual area of the unit or apartment, should be the basis for payment to the promoter.
The RERA Act 2016 stipulates that promoters must specify the number of units, types, floor, balcony, terrace, and area of other spaces while registering the project. In this, they must mention the actual area of floor space among internal walls (Carpet Area). The model agreement for sale, available on the UP RERA portal, is also based on the Carpet Area. Selling apartments or units based on the Super Area contravenes the provisions of the RERA Act.
This directive serves as a warning to promoters that any violation of this provision may invite legal action. For flat buyers, this move brings transparency and ensures that they pay for what they get. It’s indeed a step towards a more buyer-friendly real estate market.
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