Legal consequences for super area sales, UPRERA stipulates carpet area

Carpet area mandate: The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has instructed builders to sell apartments based only on the carpet area, declaring the sale of units on the basis of super area as illegal and subject to potential legal action, according to media reports.

The move comes as a response to the Real Estate (Regulation and Development) Act, 2016, which mandates that builders specify details like the number and types of units, floor information, and the area of various spaces, including balconies and terraces, when registering a project. The act emphasises the importance of disclosing the actual area enclosed by internal walls (carpet area) on the project portal.

Carpet area compliance

Despite these regulations, instances of builders selling units based on super area have been reported, prompting the UPRERA to issue a directive against such practices. UPRERA stressed the necessity for buyers to consider the carpet area as the true measure of a property and urged builders to adhere to this standard.

While developers are permitted to advertise projects using the super area, the UPRERA emphasised that builder-buyer agreements must be executed based on the carpet area. Violating this provision could lead to legal consequences, according to officials.

The authority has provided a model agreement for sale on its portal, emphasising the use of the carpet area as a reference for both buyers and builders. The carpet area represents the actual usable floor space within a unit, while the super area includes shared spaces like lifts, lobbies, and community centers.

Buyers are encouraged to make informed decisions by considering the carpet area, and the UPRERA is taking steps to ensure compliance with the legal framework governing real estate transactions in Uttar Pradesh.