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Subramanian.V   29 July 2025

Tn apartment ownership act 2022

Earlier the indivdual share of an Apartment owner was being worked out based on percentage of plinth area or Super Built Area of the Apartment wrt Total Plinth Area or Super Builtup area. Now the new Tamil Nadu Apartment Ownership Act 2022 and its Rules and the new Model Bye-Laws specify that the individual share has to be worked out based as a percentage of the Carpet Area of the Apartment wrt to the Total Carpet Area of the Apartment building or complex.

In the earlier Apartment complexes, the Registered Documents mentioned the Plinth Area only and the UDS was worked based on this. Is there any mandatory order specifying the percentage to be adopted to arrive at the Carpet Area of individual apartments from the already recorded Plinth Area in such old Apartment complexes to comply with the New Act?  

This information will be useful so that all Apartment owners of the Apartment complex will adapt a uniform percentage.



 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 July 2025

The Tamil Nadu Apartment Ownership Act, 2022, mandates calculating individual apartment shares based on carpet area, a departure from the earlier method using plinth area or super built-up area. For older apartment complexes with registered documents mentioning only plinth area, there's no specific mandatory order detailing a uniform percentage to convert plinth area to carpet area. However, you can estimate the carpet area by subtracting the area covered by external walls, service shafts, verandahs, and open terraces from the plinth area. To ensure uniformity, apartment owners in older complexes may consider the following approaches¹ ²: - *Consultation with Experts*: Engage architects, engineers, or property consultants familiar with local building practices to estimate carpet area based on plinth area. - *Reference to Similar Buildings*: Analyze similar apartment complexes where carpet area calculations are available to derive a reasonable conversion factor. - *Association Decision*: The apartment owners' association can decide on a uniform percentage or formula for calculating carpet area, considering the specific characteristics of their building. -

*Competent Authority Guidance*: Reach out to the competent authority under the Tamil Nadu Apartment Ownership Act, 2022, for guidance on calculating carpet area in older than complexes. It's essential for all apartment owners in the complex to agree on a uniform method to avoid disputes and ensure compliance with the new Act.

P. Venu (Advocate)     29 July 2025

Carpet area could always be ascertained and incorporated as and when conveyance deeds are executed in future.

T. Kalaiselvan, Advocate (Advocate)     30 July 2025

The Tamil Nadu Apartment Ownership Act, 2022, stipulates that an apartment owner's undivided share (UDS) in the land and common areas is proportional to the carpet area of their individual apartment. 

This means the larger the carpet area of your apartment, the larger your share of the land and common areas.

The UDS represents the fractional ownership an apartment owner has in the land on which the building is constructed, as well as in the common areas like hallways, elevators, and recreational spaces. 

The Act clearly links the UDS to the carpet area of each apartment. The ratio of an individual apartment's carpet area to the total carpet area of the building determines the owner's UDS. 

Dr. J C Vashista (Advocate )     30 July 2025

Very well advised by learned senior experts,  I endorse .

Nothing more to add.


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