Decoding Carpet Area, Built-up Area & Super Built-up Area in India
Property

Decoding Carpet Area, Built-up Area & Super Built-up Area in India

Property Verification Report I Title Search I Sale Deed Drafting I Agreement to Sale I Property Registration I Saledeed Review I WILL Drafting I Gift Deed

 

Carpet Area: What It Includes and Why It Matters

The carpet area is what you actually use. It does not include the thickness of the inner walls or areas under other structures. Why does it matter? Because when you buy or rent a home, you pay for every square inch. Essentially, carpet area is the area where you can lay your carpet or the actual area you get to use living in. It includes bedrooms, hall, kitchen excluding the thickness of the walls. Keep this in mind - Knowing the carpet area helps you understand how much space you're getting. It's essential for comparing homes. A higher carpet area means more space for your needs. Always ask for the carpet area to make smart decisions. It's a key factor in determining the true value and livability of a property.

 

Built-up Area: Components and Calculation

The built-up area is a term you'll often hear when looking at property listings in India. Simply put, it includes the carpet area plus the thickness of the walls and, in some cases, a balcony or utility area space. Think of it as the total area you can actually use plus a little extra. To break it down, the built-up area typically consists of the carpet area (the space you can walk on and use within the walls), walls' thickness, and sometimes added spaces like balconies or verandas. Calculating it can seem tricky at first glance, but here's a simpler way to look at it: if the carpet area is like the space inside the boundary of a cricket field, the built-up area would include the boundary thickness and maybe the first row of seats in the stands. Understanding this concept is crucial because it directly influences the price of the property you're considering. Remember, when you're comparing different properties, always ask for the built-up area to make an apples-to-apples comparison.

 

Super Built-up Area Explained: A Deep Dive

When diving into the real estate jargon, "Super Built-up Area" often leaves folks scratching their heads. Simply put, it's the total area measured including the carpet area, walls, and shared spaces like lobbies, corridors, and staircases. Think of it as the grand total of space under the roof of a residential complex. In India, this term is crucial when figuring out the value of your property since it directly influences the price you pay. Here's the breakdown: if a building has a lot of shared amenities - think gyms, clubhouses, gardens - the super built-up area will be higher. This means, the more shared spaces there are, the more square footage gets added to the "super" part of your property area, ramping up the price. Remember, while this area gives you a sense of the total space, it's also padded with areas you don't get to use privately. So, when you're eyeing that dream apartment or house, understand that the super built-up area includes more than just your personal space; it's the ticket price for the extra goodies the complex offers.

 

How Property Prices in India Are Affected by Carpet, Built-up, and Super Built-up Areas

When you're hunting for a home in India, you'll always bump into terms like carpet area, built-up area, and super built-up area. These are not just fancy jargons but actually play a huge role in determining the property's price. Let's break it down simply. Carpet area is the actual area you can use inside the house; think of it as the area where you can lay your carpet. It includes your rooms, kitchen, and bathrooms. The built-up area goes a step further, including the carpet area plus the walls and the balcony. Now, the super built-up area is the built-up area plus your share of the common spaces like the staircase, lobby, and elevator. Typically, when builders talk about the property size, they refer to the super built-up area, which is why the number seems bigger. The larger the portion of common areas, the higher the super built-up area, and often, the higher the price you pay. Knowing these details can help you understand how much actual private space you're getting for your money. In short, more carpet area is good for you, but a higher super built-up area might mean you are paying more for less private space.

 

The Role of These Areas in Home Financing and Loans

When you're eyeing a new home and scrolling through options, you'll encounter terms like carpet area, built-up area, and super built-up area. Here's the deal: These are not just technical jargon but key factors that affect your home's price and, consequently, your loan amount. First things first, carpet area refers to the actual area you can use inside the home - think where you can literally lay down a carpet. Then there's built-up area, which includes the carpet area plus walls and any balcony or utility space. The super built-up area goes a step further by adding a share of the building's common areas like lobbies and staircases. Why does this matter for home financing? Banks and lenders focus on these areas to determine the property's value and your loan eligibility. A larger super built-up area might mean a bigger loan requirement, affecting your eligibility and EMI. Understanding the breakdown of these areas can help you make informed decisions, negotiate better, and ensure that you're not overpaying for space you won't use. In short, knowing the ins and outs of these areas can be a game-changer in your home financing journey.

 

Legal Aspects and Regulations Surrounding Area Calculations in India

In India, understanding legal aspects and regulations about area calculations, especially when buying property, is essential. The Real Estate (Regulation and Development) Act, 2016 (RERA) plays a huge role here. RERA aims to make real estate transactions transparent, protecting home buyers. According to RERA, developers must disclose the carpet area of each unit they sell. This move ensures buyers know exactly what they're paying for. Before RERA, confusion around terms like carpet area, built-up area, and super built-up area led to misleading practices. Now, the carpet area is the only basis for calculating the price of a property. Other charges based on built-up or super built-up areas are not allowed. This rule simplifies things, making real estate dealings more straightforward and buyer-friendly. Remember, knowledge about these regulations can shield you from potential pitfalls in the property market.

 

Tips for Buyers: Evaluating Area Statements Before Purchasing

When looking to buy property in India, understanding the different types of area measurements is crucial. You'll encounter terms like carpet area, built-up area, and super built-up area. Here's how to navigate these:

  1. Check the carpet area: This is the actual usable space inside the property where you can lay a carpet, excluding walls, balconies, and other areas. It's the number that really matters because it tells you how much living space you're getting. Always ask for the carpet area and compare it with other properties you're considering. 

  2. Understand the built-up area: This includes the carpet area plus the thickness of outer walls and the balcony. It's usually 10% more than the carpet area. Knowing this helps you understand how much of the property is usable versus structural components.

  3. Question the super built-up area: This is a bit tricky. It includes the built-up area plus a share of the common areas like lobbies, staircases, and amenities. Developers often advertise this area, making the property seem larger. However, the common area allocation can vary widely, so ask how it's calculated and what percentage of the super built-up area is actually carpet area.

Remember, always insist on seeing the breakdown of areas in writing and ask for clarification on anything that seems fuzzy. Don't shy away from negotiating once you have all the facts. Making informed decisions based on the actual usable space ensures you get what you pay for.

 

Debunking Common Myths About Area Calculations in Real Estate

Many home buyers get lost in the technical jargon of real estate, especially when it comes to understanding the difference between carpet area, built-up area, and super built-up area. Let's bust some myths to make it straightforward.

Myth 1: Carpet area includes the thickness of the inner walls. Not true. Carpet area strictly refers to the area where you can lay your carpet, meaning the net usable floor space within your home excluding wall thickness.

Myth 2: Built-up area is all the space you can use. Wrong again. The built-up area does include the carpet area, wall thickness, and ducts, but also encloses balconies and terraces, which are not always usable year-round.

Myth 3: Super built-up area is just a fancy name with no real impact. This is a big misconception. The super built-up area takes into account the built-up area plus a share of the common areas like the lobby, staircase, elevators, and sometimes even the garden and swimming pool. Builders often price apartments based on the super built-up area, which can make a big difference in understanding the actual usable space and the price you're paying. Knowing these definitions helps you see exactly what you're getting and ensures you're comparing apples to apples when looking at different properties. Keep these clarifications in mind, and don't let the numbers game confuse you.

 

Summary: Making Informed Decisions in the Indian Real Estate Market

When you step into the Indian real estate market, you'll hear terms like carpet area, built-up area, and super built-up area. Understanding these can be your game-changer in making informed decisions. Carpet area is the actual space you can use, the area where you can lay your carpet, excluding walls. It's what you truly get to call your own. The built-up area includes the carpet area plus walls and maybe a balcony. It's slightly larger and represents the total area you're buying. Super built-up area goes a step further, adding common areas like lobbies and corridors, inflating the total size. Often, builders charge you based on the super built-up area, which might make you think you're getting more space than you actually are. Knowing the differences helps you understand how much space you're truly getting and ensures you pay a fair price. Always ask the builder for the carpet area to make a smart choice.

Important things property buyers must know about Tamil Nadu RERA (TNRERA)
Property

Important things property buyers must know about Tamil Nadu RERA (TNRERA)

This post shares real estate regulation details for one of the states in South India – Tamil Nadu. As we have shared earlier, the Real Estate Regulation Act (RERA) that was passed by central government in the year 2016. The RERA act laid guidelines for all states in the country for setting up a local regulatory body that would provide an oversight to the local real estate industry in the respective state.

The government of the state of Tamil Nadu implemented the guidelines to setup Tamil Nadu Real Estate Regulatory Authority (also referred to as TNRERA) in the state soon after as the government was already dealing with a lot of challenges in the real estate space. Most common issues faced by property buyers were poor construction quality, misleading information shared by builders for taking property bookings and delayed delivery of completed projects.

What is the role of TNRERA?

In simple words, TNRERA plays the following roles in the state of Tamil Nadu:

  • It acts as a regulatory body for governing the real estate sector in the state of Tamil Nadu
  • It also acts as a regulatory body for regulating the real estate sector in the Andaman and Nicobar Islands
  • It aims to safeguard the rights of home buyers
  • It intends to bring in transparency and accountability of stakeholders
  • It helps in dispute resolution between the property buyer and builder
  • It creates standard procedures and best practices for bringing efficiency in the real estate sector of the state
  • It oversees registration of projects, brokers or agents, etc.
  • It provides mechanisms to buyers for filing complaints against defaulting builders or agents or brokers
  • It also provides a platform to buyers where they can check and verify the details of a project or property that they are considering to purchase

 

Note: The official website of TNRERA is https://www.rera.tn.gov.in. The property buyers are suggested to use the official website only for registering their complaints with TNRERA.

 

How can property buyers check details of projects or agents or brokers registered with TNRERA?

The process is fairly simple and is explained below:

  • For checking details of project
    • Visit the official website of TNRERA
    • In the top menu, go the Registration link
    • Select Projects from the list. It will further display a list from which you can select
      • Registered Projects – Tamil Nadu
        • Building
        • Normal Layout
        • Regularisation
      • Registered Project – Andaman
        • Building
    • Select the desired option and details are displayed on the screen
    • There are also options available for looking at:
      • Rejected Projects
      • Withdrawn Projects
      • Returned Projects

 

  • For checking details of agents or brokers
    • Visit the official website of TNRERA
    • In the top menu, go the Registration link
    • Select Agents from the list. It will further display a list from which you can select
      • Registered Agents (offline)
        • Tamil Nadu
        • Andaman
      • Registered Agents (online)
        • Tamil Nadu
        • Andaman
    • Select the desired option and details are displayed on the screen

 

How can a property buyer file a complaint with TNRERA?

 

For filing a complaint with TNRERA, a buyer needs to carefully take the following steps:

  • Go to the Complaints section.
  • Click of the Complaint Fee Details.
  • A pdf file opens with clear instructions of the type of complaint and respective fee
  • Along with the fee details, mode of payment and TNRERA bank details are given for remitting fee to the regulatory body. Kindly note them carefully.
  • Now the property buyer needs to go to the Downloads and Links section.
  • Then go to Downloads option and go to Complaint registration option.
  • On complaint registration option, links for downloading the following forms are shown:
    • Form L
    • Form M
    • Form N
  • Download the relevant form as per details given in the Complaint Fee pdf document. *
  • Fill the form properly and as per instructions.
  • Transfer the complaint registration payment as per instructions given in the Complaint Fee pdf document.
  • Dispatch the original complaint form, fee documents and copies of all relevant documents as per instructions via registered post to the TNRERA office.

 

Is there a need to involve a property lawyer?

The above-mentioned process is fairly complicated and it is only advisable to involve a qualified property lawyer or advocate to help you in the process. There is a high chance of your complaint getting rejected in case any of the steps is missed or due to lack of proper documentation.

 

A qualified property lawyer or advocate will:

  • Act a guiding force in the process
  • Help you in preparing a proper complaint document
  • Assist you in filing the complaint with TNRERA
  • Hand hold you end to end in the process and as per provisions of the law
  • Follow up on the status of your complaint
  • Represent your case in front of the authorities on the case hearing dates
  • Keep you updated regularly on relevant updated in RERA Act as relevant to your case

* Note: At several places in the Complaint Fee pdf document, it has been clearly stated by TNRERA that a property buyer can involve a qualified property lawyer or advocate for filing the complaint(s).

If you are facing issues with your builder or broker or agent, consult a property lawyer on the state-of-the-art LegalKart platform.

What is the difference between RERA-registered, 'approved' and compliant projects?
Property

What is the difference between RERA-registered, 'approved' and compliant projects?

There are many developers who misrepresent facts in their sales and marketing campaigns by claiming that their projects are RERA approved even though they may not be compliant with the norms. Maharashtra Real Estate Regulatory Authority (MahaRERA) is now planning to take action against them. MahaRERA said while such projects may be registered with the regulator and are marketed as such, they may not actually be RERA-compliant. Developers who registered their projects with the regulator but failed to submit documents that are mandatorily required to be filed quarterly, will face action for misrepresentation.

What did MahaRERA find out?
On checking the MahaRERA website, the officials found that while the developer has registered with the RERA, the mandatory quarterly details have not been updated for one or two years, and in some cases, even longer.

 

The MahaRERA official said. “We are going to start taking action against developers of such projects by issuing them notices and seeking clarifications on why action should not be taken. This must not continue and developers are expected to not misrepresent their projects by using the name of RERA.”

 

What is a ‘RERA approved’ project?

“There is no concept of a RERA-approved project and actually, it is a RERA-registered project.” Advocate Nilesh Gala, who practices with MahaRERA, said.

He said campaigns by some developers suggest that RERA has “approved” their projects so there is no impediment but that is a myth. Most developers do not comply with circulars and RERA guidelines but no action has been taken, Gala said.

 

How to check for RERA-registered and lapsed projects?

Potential home buyers can check the status of a real estate project through its RERA registration page on the official website of MahaRERA.

Registration of projects https://maharerait.mahaonline.gov.in/searchlist/search?MenuID=1069

List of lapsed projects https://maharera.mahaonline.gov.in/Site/1128/Lapsed-Projects

 

Easy Explaination of RERA Approved and RERA

  1. RERA-Registered: Projects that are registered under the Real Estate (Regulation and Development) Act, or RERA, have met specific legal criteria that aim to protect consumers. These criteria may include proper land titles, accurate project timelines, and transparent pricing, among other things. Registration under RERA also means that the developer has to maintain a separate bank account for each project to ensure that the money collected from buyers is not diverted to other projects.
  2. 'Approved' Projects: The term "approved" can be misleading and is often not standardized. Generally, it means that the project has received necessary permissions from local municipal bodies, such as building plans, land use, and other essential services. However, an 'approved' status doesn't necessarily mean the project complies with RERA or other consumer protection laws.
  3. Compliant Projects: This term usually indicates that a project meets all the guidelines and regulations set forth not just by RERA but also by other governing bodies and legislation. It encompasses a wider range of compliance measures, such as environmental clearances and safety standards.

 

Buyers can complaint against a builder or broker under Gujarat RERA (GujRERA)
RERA Consultation

Buyers can complaint against a builder or broker under Gujarat RERA (GujRERA)

An important point that we need to remember about the RERA Act is that 22 Indian states and 6 union territories have implemented the guidelines since the law was passed. In the present post, we are sharing brief details of Gujarat RERA (GujRERA) and the process of registering a complaint against errant builders, agents and brokers.

Brief Background about GujRERA

The full form of GujRERA is Gujarat Real Estate Regulation Authority. The rules came into force in the state of Gujarat on 4th May 2017. The rules were implemented by the state government of Gujarat to monitor the real estate industry with a view to safeguard the interest of property and home buyers. As per directives mentioned in the RERA Act, a local regulatory authority – GujRERA – was setup by the state government of Gujarat with its headquarters based in Gandhinagar.

Also Read:  How to get your property valuation done to ascertain a correct market price

Some of the important points to note about GujRERA are as below:

  • The official website of GujRERA is https://gujrera.gujarat.gov.in
    • It is important to note that there may be websites with similar names, look and feel. These websites may ask for a high fee for registering buyer complaints and promise quick settlements with the builders. However, buyers must know that any website other than mentioned above is absolutely fake and illegal.
  • GujRERA is entrusted with the responsibility of:
    • bringing in accountability and transparency in the real estate industry of Gujarat.
    • providing detailed information about registered or delisted projects, properties, builders and agents.
      • The buyers can visit the official website for checking the details before making a booking with the builder or involving a broker or agent in the property buying process.
  • Type of projects that can be registered under GujRERA include:
    • Residential
    • Commercial
    • Group Housing Societies
    • Plotted Developments
  • GujRERA provides an option of registering complaints against builders, brokers or agents who do not deliver what they had promised while signing a deal with the property buyer.
  • GujRERA also acts as an Appellate Tribunal for aggrieved buyers and hear cases for faster dispute resolution as per provisions stated in the RERA Act.

Also Read:  Stamp duty and registration charges are mandatory: Buyers should take utmost care on this front

What is the process of filing a complaint in GujRERA?

The process of registering a complaint is fairly simple. Any aggrieved buyer can follow the below mentioned steps:

  • Visit the official website of GujRERA (link is given above for reference).
  • On the homepage, the user will see a Citizen tab as highlighted in green colour.
  • Go to the Citizen tab and a menu will appear, showing the Complaint option.
  • Click on ‘Complaint’, the website will ask to login if buyer is an existing user of website using username and password.
  • If buyer is a new user of website, he or she will have to create an account (user name and password) for logging in.
  • Once logged in, the website will open a detailed complaint registration form that buyer needs to fill.
  • Along with the duly filled complaint form, buyer will also be required to provide necessary and proper documents as evidence.
  • Once all the required information is filled and documents are attached, click on the submit button.
  • User/buyer will be taken to the payment gateway, where he or she is required to pay Rs. 1000 as the complaint registration fee.
  • Once the payment is made via debit card or credit card or net banking, the website will generate an acknowledgment number and complaint is officially registered with GujRERA.
  • It is important to note that the aggrieved buyer(s) should keep the reference number or acknowledgement copy safely for future reference.
  • The buyer can visit the GujRERA website for checking the status of the complaint as well from time to time.

Readers also read: Buyers in Maharashtra can verify builder details on MahaRERA before booking the property

Why a property buyer needs to consult a property lawyer?

The matters related to property disputes, especially with the defaulting builders, tend to be extremely complex, stressful and time taking. Many a times, property buyer(s) may also hesitate in involving a property lawyer and tends to think that he or she can tackle the issues themselves. However, the bitter realities are that if a buyer is not able to present the case properly and as per provisions of the RERA Act in the appellate tribunal, it is highly likely that the case will be a lost cause for the buyer. Reason for this is simple – the errant builder(s) will for sure use a competent lawyer as a strong shield to defend themselves at all times. This is will only add to the ongoing level of stress on a property buyer, who is facing the risk of losing the entire life savings.

Read also:  Property Registration Online Procedure and New Rules in India

Hence, it is only advisable and practical to deploy a professional, competent and verify the project or builder to:

  • prepare the buyer’s case properly
  • file the case as per provisions of the law
  • present the buyer’s case in appellate tribunal as per provisions of the law
  • assist the buyer at each step of legal battle with the defaulting builder
  • help the buyer in getting a proper and timely resolution from the designated competent court of law, which is GujRERA in the case of the state of Gujarat.
Buyers in Maharashtra can verify builder details on MahaRERA before booking the property
Property buying selling

Buyers in Maharashtra can verify builder details on MahaRERA before booking the property

 

The real estate and property sector has often been criticized for providing negative experiences to buyers. Historically, numerous developers have taken advantage of prospective homeowners, with the aim of making quick, large profits. As a result, everyday people frequently lose significant amounts of their hard-earned savings, and in some instances, their life savings. Studies consistently show that the industry suffers from a critical lack of transparency and accountability. Compounding the issue is the absence of a regulatory body where aggrieved buyers can file complaints against unscrupulous property developers.

Also Read: How to get your property valuation done to ascertain a correct market price

 However, the government took cognizance of the fact that setting up an independent real-estate regulator was the need of the hour for faster redressal of complaints. It was in May 2016 that the Indian Government passed the Real Estate Regulation Authority (RERA), Act for addressing concerns of buyers, builders, brokers and all other stakeholders of the real estate industry. Under the Act, each state in India was required to set up an independent regulatory body for monitoring and regulating the real estate sector in the respect state. Currently, 22 states and 6 union territories have an independent regulatory body.

 

What is MahaRERA?

The Maharashtra Real Estate Regulatory Authority (MahaRERA) is a regulatory body that has been established in May 2017 to provide an oversight to the real estate industry in the state of Maharashtra. Over the last several years, MahaRERA has proven to be one of the most efficient and vigilant real estate regulatory bodies in the country.

Readers also read:  Planning to transfer a property? Know the process and costs involved

For the state of Maharashtra, MahaRERA is generally responsible for the following:

  • Overlooking and regulating the real estate sector
  • Registering new projects of builders (commercial or residential)
  • Providing access about information of registered, unregistered and lapsed projects to buyers
  • Registering brokers and agents
  • Keep a watch on builder activities and project monitoring for compliance to various laws
  • Acting as an Appellate Tribunal for registering complaints of aggrieved buyers
  • Ensuring faster dispute settlements between buyer(s) and builder(s)

Also Read:  Stamp duty and registration charges are mandatory: Buyers should take utmost care on this front

With setting up of MahaRERA, some of the following illegitimate activities on part of errant builders have significantly reduced:

  • Delaying project completion resulting in delayed deliveries to buyers
  • Sharing misleading project information with buyers for getting bookings
  • Misusing project funds
  • Not sharing the project delivery date clearly with buyers
  • Making changes in property or project without taking buyer’s consent

How can buyers verify the status of a project or property or builder or broker or agent?

Read also:  Planning to transfer a property? Know the process and costs involved

As per the RERA Act, it has become mandatory for builder and brokers to register with the state RERA body for legally operating in the real estate industry. It is also mandatory for builders to register all the projects that they plan to launch for development. This registration has to be done prior to starting the construction activities.

MahaRERA, for example, charges a small registration fee from builders and brokers who wish to get registered. Upon successful registration a unique RERA Number is issued to the builder, broker and each property that is registered under MahaRERA. This is process is mostly common across states. However, registration charges or fee may vary from one state to the another. As per the guidelines laid by law, it is also mandatory for all builders and brokers registered under MahaRERA, to publish the RERA Number of all MahaRERA registered properties on their websites.

 

How to verify the project or builder or broker details on MahaRERA?

Any buyer who wishes to verify the MahaRERA registration status of a builder or broker or property can take the following steps for verifying the details:

  • Log on to MahaRERA official website - https://maharera.mahaonline.gov.in
  • Click on ‘Registration’ option and go to ‘Registered Project’
  • A new page will open where the user needs to:
    • Go to ‘User Type’ and then select one option:
      • Registered Projects
      • Registered Agents
      • Revoked Projects
    • Here you can also search any builder or broker or agent using the:
      • Project Name
      • Promoter Name
      • MahaRERA Number
  • On filing the details and clicking on ‘Search’, details of the registered project or builder or broker or agent are displayed on the screen
    • Project location
    • Type – residential or commercial
    • Current status
    • Estimated completion date

 

Is there a need of a property lawyer?

Also Read:  Maharashtra Real Estate Tribunal's landmark judgement on delayed possession by developers

Yes, a potential buyer may feel the need of taking help of a property lawyer who have in-depth knowledge of the RERA Act, especially when they are at a dispute with the builder.

Many errant builders still publish misleading information to attract buyers for project booking, or make alterations to the property designs midway of the construction process without taking permission from the buyer or mostly delay the handover of the finished property to the buyer on agreed timeline. In the process, buyer feels cheated and betrayed despite making all efforts of paying builders in a timely manner. Distressed buyers can file a complaint as per guidelines laid in the act to invoke its provisions and take legal actions. A qualified and competent property lawyer comes in handy in such situations and it is only and always pragmatic to involve one.

Note: MahaRERA charges a nominal fee of Rs. 50 per complaint from buyers for registering a complaint against a builder or broker or agent. The process of complaint registration can be done on MahaRERA website. Additionally, buyers can use the website to verify the details of a builder or property or project or agent or broker. It is, however, advisable to consult a property lawyer for proper verification and complaint registration process.

If you are facing similar issues with your builder, you need to consult a competent property lawyer right away on the LegalKart platform.