Agreement is key
A model builder-buyer agreement is the way out of the ‘super area’ mess
According to legal experts, a model-builder buyer agreement, sale of flats on the basis of carpet area and strict implementation of apartment acts are some of the solutions to solve the problem of builders charging extra for increasing super area for booked flats
“If the flat sale happens on the actual size (carpet area/covered are) which a homebuyer can physically measure, the increase in area can be easily verified. Further, if the builder- buyer agreement refers to only the carpet/covered area and no increase or decrease in apartment size at a later stage, the issue can be addressed in favour of the homebuyers to a great extent,” says Rahul Rathod, a Noida-based lawyer.
“The most important step, would be the strict implementation of apartment acts of various states which will nip the problem in the bud. For instance, the UP Apartment Act 2010 has a provision to give true disclosure at the booking stage to the homebuyer as well as the development authority. This disclosure will clarify each and every aspect of the upcoming group housing project. The developer can’t fleece homebuyers in the name of increased super area. Unfortunately the Uttar Pradesh or Haryana development authorities have not been able to enforce the various provisions of their respective apartment acts,” says Rathod.
The mortgagor is entitled to inspect and make copies or abstracts of, or extracts from, title documents relating to the mortgaged property which are in the custody or power of the mortgagee