Vishal 27 September 2015

Terrace area inclusion in flat agreement

Dear sir,

I am planning to buy flat at Ulhasnagar in a new construction structure, the said flat is along with an open terrace of 268 sq.ft , builder is charging me for 50 % of this area , however he’s not agreed to include the 50 % charged area of open terrace in the agreement. need your kind advice on this as what should be the right approach in this case.

also need your kind guidance that for making house agreement which area is considered for actual rate calculation & registration i.e. carpet area/buildup area

regards

Vishal

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3 Replies

Kishor Mehta (CEO) 28 September 2015

Sir,

[a] If the terrace is shown as an integral part of your flat in the plan layout, [b] if the entrance to the terrace is only from the inside of your flat, [c] if there is no seperate entrance, to the terrace, for other members of the building; then you can purchase the flat and claim ownership of the terrace.

According to the Law, the carpet area of the flat has to be mentioned in the Registered Document. The rate for the flat has to be fixed between the seller & purchaser, the stamp duty is assessed as per the current Ready Reckoner. The registration charge is fixed at a certain % of the value as per the Ready Reckoner.

Good Luck,

Kishor Mehta

T. Kalaiselvan, Advocate (Advocate) 03 October 2015

I concur with the views of the Mr Kishore Mehta. He has elaborately and properly explained and given the suggestions requiring nothing more to add to his answers.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 07 October 2015

Don't pay for anything not included in the agreement. Even if it is included find out from approved plans whether the terrace area is a saleable area or part of the common area. If you do not confirm this you can get into dispute with the Society later. Builders in Mumbai sell the Bandra-Worli sea-link bridge and disappear with the money. In Paris it is the Eiffel Tower.