Implications of changes in bmc's new dc rules on flower bed areas being included in carpet area
Rajesh
(Querist) 09 June 2012
This query is : Resolved
I have purchased a 2 BHK Flat in Mumbai in an under construction Building of 7 Floors. For this I got the sale agreement executed & register in Oct-2010. As per Sale Agreement, “Carpet area” of the flat mentioned is 545.13 Sq Ft. While finalizing the flat sell terms, Builder had shared with us Development Plan (also included in sale agreement) wherein “Flower Bed” area of 136.75 Sq ft has been provided in addition to “Usable Carpet area” of 545.13 Sq ft. Builder himself had suggested us that this extra “Flower Bed” area can be at later stage included in “Usable Carpet area” by the individual flat owner once the possession of the flat taken from the Builder and all other society formation procedures are over. Accordingly Builder have finalized the cost of flat on total Super Built up area of 920 Sq Ft. which includes “Usable Carpet area” – 545.13 Sq ft and “Flower Bed” Area – 136.75 Sq ft. As of now work is completed only upto 3rd Slab and no work are going on since last 6 to 8 months on the site. Builder keeps on giving us various reasons like changes is government rules are resulting in delays. Now suddenly after two years Builder is demanding 3 Lac rupees in addition to “Sale Agreement” cost sitting changes in DC Rule, “Flower Bed” Area has been included in “Usable Carpet area” and hence I have to pay 60% of the “Ready Reckoner Value” to Corporation.
I refuted this claim of paying extra 3 Lac rupees since the Total Cost of the flat is based on Total Super Build-up Area which includes “Usable Carpet area” as well as “Flower Bed”.
Kindly advise me how the claims of Builder are legally binding on me. Do I need to pay the amount demanded by Builder or not.
ajay sethi
(Expert) 09 June 2012
agreement entered into by builder with you must be only mentioning carpet area nit suoer built area . builder cannot charge by super built up area in agreeemnt .
please verify .
Rajesh
(Querist) 10 June 2012
You are right Sir. Sale Agreement mentions details of Carpet Area only but flower bed area was also one of the part of our price negotiating discussions. And as I said Builder himself suggested us that flower bed area can be converted into usable carpet area at a later stage but same is not documented anywhere. So my prime concern is do I need to pay additional burden of 3 Lac rupees which is to be payable to MCGM. Also do I need to revise my existing Sale Agreement where old carpet area details are recorded. If yes, please guide me how should I proceed further. Do I need to make fresh agreement with revise Carpet Area Details and pay Stamp Duty and get it register even though same has already been done earlier. Or as suggested by Builder sub-agreement can be executed on Stamp paper and attach the same with main agreement. In this case there is not need to pay stamp duty and registration charges.
ajay sethi
(Expert) 10 June 2012
if not mentioned in agreement then you are paying only for carpet area . enclsoing flower beds was illegal earlier . it did not form part of your carpet area .
since you are getting additional carpet area now you have to pay for the same .
it is in your interest to resolve the issue at earliest as you musty have already paid substantial amoutn to builder
Rajesh
(Querist) 10 June 2012
Sir, please advise me whether do I need to execute “New Sale Agreement” with revised carpet area details i.e. including areas of flower bed. If yes, do I need to pay stamp duty on whole sale Agreement amount or only on partial amount meant for addition of carpet area?
If not as suggested by Builder, is it ok to execute sub-agreement mentioning the revised details and attach the same with first agreement. In this case the no need to pay the stamp duty and registration for sub agreement and same has to be executed on legal Stamp paper.
Please advice.
Rajesh
(Querist) 17 June 2012
Please someone advice me whether I need to execute fresh sale agreement for additional carpet area as mentioned above and pay the stamp duty for the said amount. As per latest guidelines in DC rule flower bed can be converted into usable carpet area by paying 60% of its ready reckoner value. Since I have booked a flat in a building which is still in underconstuction stage and builder has changed the original plan where flower bed area had been provided. In latest plan same is removed and carpet area has been extended to the extent of flower bed area. Please advise.
Shonee Kapoor
(Expert) 20 June 2012
Yes a fresh stamp duty would need to be paid.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
