Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has directed all developers to ensure sale of apartments is done as per carpet area only.
As per the provisions of the RERA Act and pursuant to other legal agreements/ contracts, there is no justification of super area.
Sale of 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.
U.P. RERA Chairman Sanjay Bhoosreddy said that «there is no abbreviation or definition of super area in the RERA Act.
It is necessary for allottees to consider carpet area as the actual area of the unit/ apartment and pay the promoter according to this area.»
According to the RERA Act 2016, developers mention number of units, types along with floor, balcony, terrace and area of other spaces while registering the project on the portal. In this, they mention actual area of floor space among internal walls.
For agreement for sale between 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 carpet area. In this way, selling apartments on the base of super area is contrary to the provisions of the RERA Act.
“Hence, promoters must ensure sale of units according to the Carpet Area only. Violation of this provision may cause legal action,” UP RERA has said.