terrace area calculations for flats

UNDER MAHARASHTRA OWNERSHIP FLAT ACT 1963 "CARPET AREA" HAS BEEN DEFINED. THERE IS NO PROVISION FOR ADDING ANY PERCENTAGE OF TERRACE AREA IN THE TOTAL CARPET AREA OF FLAT TO CALCULATE COST OF PROPERTY. YOUR MATTER WILL BE COVERED BY THE PROVISIONS OF THE OWNERSHIP FLAT ACT 1963.

Dear Anil Sir,

It's not clear to me what you want to highlight, what setion of MOFA direct this. As per the latest amendments in MOFA known as MOFA 2008, made compulsory for builders to sell flats on carpet area only, the latest amendments also mentioned that the carpet area of th flat will also include the balconey area.

But as practise builder charge 50% for terrace as there are no side walls and roof/slab on top. Hence the price is also 50 %, in addition municipal corporation also charge half tax for terrace.

But if builders are started charging 100% for terrace then it's danger alarm for flat buyers.

Please find the attached GR copy for latest ammendment

Dear Mangesh,

S.4(1A) (iii0 of MOFA states that the agreement should state "the extent of the "carpet area" of the flat including the area of the balconies which should be shown seperately.

S.4(1A) (iv) of MOFA states that the agreement should specify, "the price of the flat including the proportinate price of the common area and facilities which should be shown separately to be paid by the purchaser of flat"

I am sorry "carpet area" is not defined in MOFA but is defined in Development control regulation.

My contention was that flat considertion in view of the above provision should be on the carpet area.  However if the builders are collecting charges for terrace area etc. it should be shown seperately in the agreement.  If it is not shown seperately then the builders are contravening the provisions of MOFA and would be liable for prosecution.

You are right, there was no clarity in my earlier answer.  I hope I am clear now.

Sir, Thank you very much for prompt reply and clearing my doubts.

Thanks once again.

With Warm Regards,

Mangesh

Dear  Anil Sir ,

I   am looking forward to buy a resale property in viman nagar pune and facing some complex  issue regarding the terrace area .  This property is situated at top most floor of the building and having private terrace . Stairs are from living room of this flat . I have given the tocken amount to the  curren t flat owner  and he has provided me the  xerox copy of documents .  In document only flat carpet area is mention and there is no line for private terrace & its area . If i  buy and register property as per this document then how can i make sure to claim private terrace , Flat owner is not charging anything extra for this terrace but how to make sure its in aggrement that terrace area belong to me .

looking forward  for your expert comments .

Thanks for anticipating favor.

Lalit Jain

How did this private terrace come into existence.  Is the resale property in a co operative housing society?

Since your vendors document does not mention about the private terrace, how did he get a title to it? If you want to go ahead with the deal, enter into the deal with flat carpet area and mention also about the private terrace and its area as an appurtenance to the flat especially since its stair case is through the living room. Satisfy yourself whether the said private terrace is as per the approved plans of the building sanctioned by the authorities.  If it does not have the sanction you would be liable for the consequences for unauthorised construction of the private terrace as and when the authorities wake up.

Dear Sir

I am planning to buy a property in Nashik wherein the Flat is a Terrace Flat with a way to terrace from the living room. Builder is going to mention about the terrace in the agreement and stated something about "Apartment Declaratio" and "Separate Sale Deed" from each flat owner. Also he stated that NO Co-Op Sociert will be formed to avoid complications in future. In case we want to sale the flat in future also, there will be no need to take approval from any person.

In this case Am i safe and secured while purchasing such a terrace flat, are there any chances of anybody taking objection later on since the said terrace is not as per the approved Municipal plan.

Please guide - shilpads26@gmail.com

Hi Sir

My name is Animesh and i am from Pune. I have recently purchased a 2.5 BHK in one of the society with and adjoining terrace of around 1245 sq. ft. The carpet area and Terrace are seperately mentioned in the agreement. As per the agreement with the builder, we were told that you won't be charged with the society mainteence for the open terrace.

But now after the possesion the society is charging us with extra maintenace for the open terrace. The builder also is now no more available fro discussion and is ignoring our calls.

Also mine is only 2.5 BHK flat in the society but i am asked to pay the mainteence for 3BHK?

Please help me in this regard. Is i am liable to pay any extra maintence for open terrace? Should my 2.5 BHK be charged with same carpet area as 3BHK?

Thanks

Animesh

Hi Sir

My name is Animesh and i am from Pune. I have recently purchased a 2.5 BHK in one of the society with and adjoining terrace of around 1245 sq. ft. The carpet area and Terrace are seperately mentioned in the agreement. As per the agreement with the builder, we were told that you won't be charged with the society mainteence for the open terrace.

But now after the possesion the society is charging us with extra maintenace for the open terrace. The builder also is now no more available fro discussion and is ignoring our calls.

Also mine is only 2.5 BHK flat in the society but i am asked to pay the mainteence for 3BHK?

Please help me in this regard. Is i am liable to pay any extra maintence for open terrace? Should my 2.5 BHK be charged with same carpet area as 3BHK?

Thanks

Animesh

1.Whether these garages are shown in BMC’s approved plan and included in FSI of the plot?

2. Whether these garages are purchased by the Owners from the builder?

3.Whether is there any mention in the Flat Purchase Agreement including mentioning the area of the garage in sq. ft? 

4. Whether the Property Tax computed on the area of the garage in sq. ft separately paid to BMC every month?

If all the answers to the above questions are YES, then the garages are included in FSI being the property of the members attached to their respective flats.

Under the prevalent practice existing in the Redevelopment Industry, if a garage is legally attached to the flat as per the prevalent Bye law no. 3(vi) as explained herein above, 100% of the garage area since covered with 4 covered walls, should be compensated by the Developers either as an additional area to be added in the existing area of the flat during the redevelopment if the plans so permit and if the same is not possible then alternatively, this garage area  is compensated monetarily to the member though as such, there is no written down rule provided anywhere in the redevelopment laws with regard to considering the percentage of compensatory increase in area of flat due to the advantage of garage attached to a flat.   

Dilip Shah

Senior Counselor and Analyst for Redevelopment of Housing Societies and Society Laws

www.redevelopmentofhousingsociety.com & www.redevelopmentofhousingsocieties.com