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SSK_2019_DEV (TA)     21 November 2021

Flat area variance handling in maharera


This query is specific to MahaRera, our building is going for redevelopment and builder will be giving us a new flat in the new building. During the discussions with Builder, the question came up if there is +/- area in the new building, how to handle this, I have below observations related to this and require your help in understanding the same

1. Our DA/PAA is mentioning a specific area (Rera Carpet), so that is what we should get
2. The plan would have been approved by BMC and project registered in Rera, so builder is duty bound to give us the agreed upon area
3. Incase of there is a deficit in our area, whatever the deficit is the builder has to compensate to the extent of the deficit
4. Incase the area increases (which ideally would not) we as buyers are not responsible to pay the builder
5. Some members mentioned that there is a +/-3% variance clause in Rera, which means if there is upto 3% deficit in area members won't be compensated similarly till if there is a increase in area upto 3% then members are not required pay, is this true

Would really help if you could help me understand this

Also is there any link where I could get the Rera Act documentation


 3 Replies

Kishor Mehta (CEO)     22 November 2021

A member of a society or a tenant of a building going for redevelopment stands to get an area equal to the legal carpet area that is under his use and possession. In Maharashtra according to the current DC rules the person stands to get about 15% to 20% more carpet area without any extra payment in the new building. The member or the tenant should take utmost care while signing a document at the time of redevelopment.

SSK_2019_DEV (TA)     23 November 2021

Thanks Sir, We are getting the 20% increase in carpet area and over and above this builder has asked us to buy 10% extra space which memebrs have agreed to. The builder says that as per rera if during construction this size will decrease by 3% or less then he is not to compenstae us for the decrease in size. This would mean a substantial loss for us as we are paying for an extra 10% area. Also if he ends up giving more than 3% extra area then the respective member will have to pay for the area above 3%.

Is this something that is in Rera clauses.

Thank you

Kishor Mehta (CEO)     23 November 2021

It is advisable to opt for only the 20% permissible increase and not buy the additional 10% extra offered by the builder. 

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