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Sell properties on carpet area, not super area: H-Rera to developers

The Haryana Real Estate Regulatory Authority (H-Rera) in Gurugram announced on Tuesday that apartments and flats in the city would be sold only on the basis of carpet area, and not super area — which has been the norm so far
By Abhishek Behl, Gurugram
PUBLISHED ON APR 27, 2021 11:30 PM IST

The Haryana Real Estate Regulatory Authority (H-Rera) in Gurugram announced on Tuesday that apartments and flats in the city would be sold only on the basis of carpet area, and not super area — which has been the norm so far. The authority said that the final decision will be notified within two to three days, following which sale of flats in new projects, ongoing projects, and projects without occupation certificate would be carried out as per the new rules.

Dr KK Khandelwal, chairman, H-Rera, said that the Supreme Court and high court have given several decisions, saying that sale of properties on the basis of super area was just cheating the customers, and the authority has decided to take measures to stop this. “Sale of apartments will be allowed only on the basis of carpet area as it is defined, and physically verified. The concept of super area is not defined, and used differently by developers as per their convenience,” said Khandelwal, adding that in case of ongoing projects — where the promoters had allotted real estate units on super area basis, before the Real Estate (Regulation and Development) Act, 2016, came into effect — the developer will now have to define all the components of the super area, and mention it in the builder-buyer agreement.

“The inclusion of common area, club facilities, health centre, veranda, and other such areas will not be allowed to be clubbed in saleable areas, as had been done in the past,” Khandelwal added.

Carpet area means the net usable floor area excluding the area covered by external walls, service shafts, balconies, verandahs, open terraces, according to the H-Rera Act, which came into effect on May 1, 2017.

“In cases where the real estate unit was allotted to the allottee before the Act came into force, the developer will have to disclose all the components constituting the super area,” said Khandelwal, adding that the conveyance deed shall still be registered only on carpet area basis — according to the H-Rera rules.

Sameer Kumar, member, H-Rera, said that any sale agreement will have to be based on carpet area after the notification of the order, and any violation would be considered as unfair and fraudulent practice. “Any property dealer, who will be indulged in any sale on the basis of super area or violate the directions issued by the authority, would face action under the Act,” said Kumar.

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