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Property not registered on carpet-area basis to be declared illegal: HARERA
Any property sale agreement, if not registered based on carpet area alone, will tantamount to indulging in unfair trade practice by the promoter and attract action, the Haryana Real Estate Regulatory Authority (HARERA), Gurugram cautioned
Any property sale agreement, if not registered based on carpet area alone, will tantamount to indulging in unfair trade practice by the promoter and attract action, the Haryana Real Estate Regulatory Authority (HARERA), Gurugram cautioned.
The HARERA, Gurugram has issued regulations for sale of apartment or building in any real estate project on carpet-area basis, said HARERA, Gurugram, chairman Dr KK Khandelwal.
“Any sale of real estate project (on any other basis except carpet area) after the Real Estate (Regulation and Development) Act, 2016 coming into force will be declared null and void by HARERA,” Dr Khandelwal said.
He added that property in real estate projects is not properly described by way of mentioning super area without specifically giving details and breakup of the components included in the super area.
He said that the practice of sale of real estate on super area basis is misleading, ambiguous, opaque, and gives rise to confusion and complexities, and at times, triggers avoidable litigation.
The HARERA chairman said that to ensure sale of plot, apartment, building, etc in a transparent manner and to protect the interest of consumers in the real estate sector, regulations have been made by the Authority.
Khandelwal said that before Real Estate (Regulation and Development) Act, 2016 came into existence, there was lack of a legal description for the term ‘carpet area’.
“Now, this vagueness and uncertainty has been addressed. The term carpet area has been specifically and distinctly defined under Section 2(k) of the Act (ibid),” he said.
He added that the definition of carpet area as provided under Section 2(k) of the Act means the net usable floor area.
“Externals wall, service shafts, balcony, verandah and open terrace have been excluded from the definition of carpet area. However, the internal partition walls of the apartment are not excluded as they form a part of the integral structure that is the carpet area,” he said.
“The definition of carpet area has now been made transparent and leaves no scope for any ambiguity categorically specifying the property,” said Khandelwal.
All walls that are constructed or provided on the external face of an apartment will be regarded as ‘external wall’ and all walls or independent columns constructed or provided within an apartment will be regarded as ‘internal partition wall’, he added.
He said that no conveyance deed of a real estate unit will be registered except on the basis of carpet area.
In cases where the real estate unit is allotted to the allottee prior to the Act coming into force, the promoter at the time of registration of the conveyance deed will make disclosure of all the components constituting the super area and the conveyance deed will be registered only on carpet-area basis.
Dr Khandelwal said that regulations will be applicable to all real estate projects, irrespective of the fact that they are registered or registerable or exempted from registration.
