Introduction
While taking into consideration the objectives of the ‘Real Estate (Regulations and Development) Act, 2016, it was felt that; it is the need of the hour to make regulations with regard to the sale of apartments on a carpet area basis. The sale of the apartment on a carpet area basis is a beneficial step for the homebuyers. The main aim of this amendment is to improve transparency and to protect the interest of consumers.
Principle Bhind this Amendment
Earlier the builders used to sell the apartment on the basis of Super Area. Super area of any property includes the carpet area and also terrace, balconies, and area covered by a wall, and the area of a common area like lift and stairs. So, the super area concept gives the wrong idea about the area of any property. It also decreases the cost of property according to per square foot. So, the concept of carpet area also gave benefit to the builder. It helps builders to recover the cost incurred in the construction of the common areas.
Selling the apartment on the basis of the super area is deceptive, unlawful, and vague. The homebuyers raised many complaints regarding the vagueness f the super area clause. After taking into consideration these complaints the legislature enacts this “Real Estate (Regulation and Development) Act, 2016. The act imposes an obligation on the developers and sellers to sell the apartment on the basis of carpet area.
Key Highlights regarding Sale of Apartment on carpet area basis regulations 2021, of ‘Haryana Real Estate Regulatory Authority, Gurugram
- Promoters shall disclose the full information regarding the carpet area including the area of balcony or verandah and terrace.
- The promoters of ongoing projects shall disclose the information about the size of the apartment on the basis of carpet area to ensure transparency in selling for buyers.
- In case of infringement of any of these conditions, the buyers can take legal action against the promoter. The punishment shall be revocation of if registration.
- In the case of properties sold prior to 2016, the promoter shall disclose all the components of the super area.
- The sale agreement on a basis other than the carpet area shall be deemed to be a fraudulent practice by the promoter.
- The sale deed or conveyance deed shall be made only on the basis of the carpet area.
- If an agent infringes the concept of carpet area the authority can revoke his license and may impose additional penalties.
- These regulations shall have the application on:
- Projects launched after 2016
- All the ongoing projects launched before 2016
- Projects exempted for registration under section 3(2) of the Real Estate (regulations and Development) Act, 2016.
- To resale a real estate unit.
Therefore we can conclude that; the sale of any real estate project or apartment other than carpet area basis shall be null and void.
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