Calculation of area for exclusive terrace flat redevelopment

Chinmay Dharwadkar (Querist) 29 May 2021 This query is : Resolved
Dear Sir/ madam,

Reference: RERA guidelines Maharashtra, Pune municipal Corporation, DC rules.

I am flat owner and member in a Cooperative Housing Society in Kothrud area Pune. I have purchased a Flat in the year 1993, when the building was constructed with brick work done and another adjacent flat of same area and design in 2004 in the same Co-operative housing society. I am one of the first members of the society and we are living since 1993 here. There are around 5-6 other members who are having open to sky exclusive terrace flats in the society (Terraces variable in square foot). Total flats are 23 and 6 shops.

Both the flats which we own are having open to sky terrace, approachable only through our flat and we have exclusive right to use them since the buildings inception. No other member can enter the terrace without our consent. Each terrace within our flat is of 120 square foot. Entry door is in the passage that connects living room, Hall and bedroom internally (please refer attached diagram). open Terraces are exclusive to use of allotee. That is myself. the net usable exclusive open Terrace that is appurtenant to the net usable floor area of an apartment for the exclusive use of the allotee.

While, these terraces are in the written agreement and are in the sanctioned plan. We have paid for the terrace while purchasing the flats to the original builder.

The society has now called for proposals from new builders for redevelopment of the building. Though this is not a new construction, these terraces are part net floor area to be surrender to Builder while Redevelopment of building. There are flats above our floor which does not have terrace option, above that there is common terrace.

Regarding this, as it is not a new purchase after RERA Rules came into existence, I have following query for your guidance,
1) How the Builder should count the carpet area of my flat as per current RERA guideline?
2) Should I take advice of an advocate or architect or of both? Can you suggest any advisor consultant from Pune City, or if you have list of authorized RERA advisors?

Society has selected one builder who has agreed with 30% extra on carpet area and he is ready to negotiate on exclusive terrace area, what should be maximum ask and minimum ask percentage from our side?

Waiting for your positive reply.

Yours Faithfully. Thank you.

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Quick Summary

A flat owner in Pune is seeking guidance on calculating the carpet area for their exclusive terrace flats during building redevelopment, as per RERA Maharashtra and PMC rules. They purchased the flats in 1993 and 2004, with exclusive terrace rights documented. The owner wants to know how the builder should count the carpet area and what to ask for regarding the terrace area in the redevelopment proposal, considering the builder has offered 30% extra carpet area. Advice is sought on consulting an advocate or architect and negotiating the terrace area percentage.

SHIRISH PAWAR, 7738990900 (Expert) 29 May 2021
Hello,

Let the builder come with a proposal for the allotment of the area against your existing flat area. After the builder's proposal, you can verify it with a local advocate and architect. You can ask 2-3 builders to give you a proposal so that you can choose the best offer.

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T. Kalaiselvan, Advocate (Expert) 30 May 2021
1. According to the RERA, carpet area is defined as ‘the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment’.
2. You can take the advice of an architect about such technical issues and from an advocate on legal issues involved in this subject after that.
Thanks to the RERA, developers have been offering clarity about the carpet area of their properties.
Know that the carpet area would be close to 30% lesser than the super built-up area. Do not get confused between the two.
Section 61 of the RERA says that for providing false information and other such contraventions, the promoter may have to pay a penalty of 5% of the estimated cost of the real estate project.

ashok kumar singh (Expert) 30 May 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks

P. Venu (Expert) 30 May 2021
As per the provisions of RERA, thee exclusive terrace area, as stated, is not part of the carpet area. The issue could be finalised by discussion among all the stakeholders.

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