According to the RERA Act 2016, promoters mention the number of units, and their types along with floor, balcony, terrace and area of other spaces while registering the project on the portal. In this, they mention actual area of floor space among internal walls (Carpet Area).
For an agreement for sale between a promoter and an allottee, a model agreement for sale has been provided on the UP RERA portal. This model agreement for sale is also based on carpet area. In this way, selling apartments or units on the base of 'Super Area' is contrary to the provisions of the RERA Act, according to the statement.
The sale of apartments on this basis will be considered illegal and according to the provisions of RERA Act, buying and selling of apartments is legal only on the basis of carpet area, it said in a statement.
"There is no abbreviation or definition of Super Area in the RERA Act. It is indeed necessary for allottees to consider Carpet Area as the actual area of the unit or apartment and pay the promoter according to this area," UP RERA Chairman Sanjay Bhoosreddy said.
"Hence, promoters must ensure the sale of units according to the Carpet Area only. Violation of this provision may cause legal action," the UP RERA added.
The Uttar Pradesh Real Estate Regulatory Authority directed housing project developers in the state to sell units or apartments as per carpet area only.
As per the provisions of the RERA Act and pursuant to other legal agreements and contracts, there is no justification of 'Super Area', UP RERA said.
