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Discrepancy in Carpet area of the flat. How to rectify the errors
17-Jun-2023 (In Property Law)
Hi Team, I had booked an under construction flat last year. Now flat is ready for possession. We measured the carpet area from skirting to skirting. We are consistently seeing difference of 3 inches in width and length of rooms & terraces. When asked for explanation builder said the difference is due to plaster on the walls. The carpet area mentioned in the agreement is calculated based on only brickwork to brickwork distance, excluding plaster. He said it is a standard practice across industry. I am not sure if this is correct. As per my understanding carpet area is measured based on skirting to skirting distance. The plan was sanctioned in 2015. Could you please confirm legal definition of Carpet Area for plans sanctioned in 2015? In March 2016 carpet area definition was changed. Also, could you please confirm if carpet area is measured excluding plaster. I see discrepancy of approximately 45 sqft. Plus if I add 35% loading it becomes 61 sqft which costs me Rs.3.5 lacs.
Before 2016 there was not any coded or written definition for carpet area. In 2016 with the passage of Real Estate (Regulation and Development) Bill, 2016, standardisation in the sector has been brought through introduction of definitions such as ‘apartment’, ‘common areas’, ‘carpet area’, ‘advertisement’, ‘real estate project’, ‘prospectus’, ‘real estate agents’, etc.
"Carpet Area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.
Explanation.— For the purpose of this clause, the expression "exclusive balcony or verandah area" means the area of the balcony or verandah, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee ; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee.
"Carpet Area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.
Explanation.— For the purpose of this clause, the expression "exclusive balcony or verandah area" means the area of the balcony or verandah, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee ; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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