Sale of units/ apartments on this basis will be considered illegal and according to the provisions of RERA Act, buying and selling of apartments is legal only on the basis of carpet area, said the UP RERA.
Reiterating the need for transparency in the sale-purchase of properties, the Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has directed all builders/developers/promoters to ensure the sale of units/ apartments according to ‘Carpet Area only’. It highlighted that as per the provisions of the RERA Act and pursuant to other legal agreements, there is no justification for ‘Super Area’. “Sale of units/ apartments on this basis will be considered illegal and according to the provisions of RERA Act, buying and selling of apartments is legal only on the basis of carpet area,” it said.
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UP RERA Chairman Sanjay Bhoosreddy said, “There is no abbreviation or definition of Super Area in the RERA Act. It is indeed necessary for allottees to consider the Carpet Area as the actual area of the unit/ apartment and pay the promoter according to this area.”
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According to the RERA Act 2016, promoters mention a number of units, and types along with floor, balcony, terrace and area of other spaces while registering the project on the portal. In this, they mention the actual area of floor space among internal walls (Carpet Area).
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For the agreement for sale between the promoter and allottee, a model agreement for sale has been provided on the UP RERA portal. This model agreement for sale is also based on the Carpet Area. In this way, selling apartments/ units on the base of the Super Area is contrary to the provisions of the RERA Act. Hence, promoters must ensure the sale of units according to the Carpet Area only. The UP RERA warned that violation of this provision may cause legal action against the promoters.
