Hi I am renting a two storied building to a bank in Hyderabad. Inside the four walls of the building we have provided a hydraulic lift and stairs for their convenience and security. The bank is saying that the area of the lift and the stairs on both floors is deducted from the carpet area. However, I believe this area should be included as it is inside the four walls of the bank and it is not a common area and not shared by others. Could you please clarify? Thanks
The building I am renting is very similar to a duplex house that has stairs and lift inside the four walls. Could you please share the legal definition for the carpet area in this case for lift and stairs to be included or excluded. Are you aware of any RBI guidelines that banks use to come up with the definition of carpet area.
1.The bank totally is t aornd side of interepretation of carpet area.
2.Super built area include common space which include lift and staircase area.
3.But carpet area include the space in side four walls.
4. So do not agree on what the bank is saying and stick to your claim.
5.If bank is insistent then search for another tenant.
staircase and lift forms part of common area
2) it is not included within definition of carpet area
3) Carpet area is the area enclosed within the walls, actual area to lay the carpet. This area does not include the thickness of the inner walls.
Carpet Area is the area enclosed within the walls, actual area to lay the carpet. This area does not include the thickness of the inner walls. It is the actual used area of an apartment.
Sir carpet area is the area within the walls of a flat or a shop,..( the size that will be covered underneath if you put a carpet ).. The super area of the flat includes the lift, lobbies, shafts , staircase and any other common amenities ..2)what you have mentioned in your rent agreement ? Rent was decided on the carpet or on the super area..
I am confused. I got two different answers from your advocates. One says, everything inside the four walls of the building are included in carpet area. Another says the lift and stairs are included in common area and not in carpet area. These are generic definitions and not specific to my situation. My question is in our case the lift and stairs are inside the four walls of the building, we built it exclusively for them keeping in mind their security reasons. These stairs and lift are similar to what you provide inside a two storied duplex or a villa inside the four walls. We could have easily built both the stairs and lift outside the four walls. The bank is not even including the area of the floor below the stairs where the carpet can be spread. So, do you include the stairs and lift inside the four walls of a villa/duplex in the carpet area or not?
You do not include the lift and stairs inside the four walls of villa in carpet area
Brother, the carpet area excludes the area beneath the walls, and other amenities .. The area left , is considered as carpet area.. It is agreed that the lifts are for thier purpose only , but these details should have been mentioned in the rent agreement .. If your agreement was done on the super carpet area then the area would have been included..2) for example:- the balconies in a flat comes under super carpet area , even when they are specifically for the purpose of resident..
Following is the definition of Carpet Area:
Carpet Area : As its name suggests, Carpet Area is the area where we can spread a carpet, means area calculated from inner wall to wall distance inside the house. This would also include steps if any, inside the house. So essentially, Carpet area is nothing but the net usable area inside the house.
Therefore, it is incumbent upon the bank to include such area underlying the steps as carpet area of the house.
The area inside the four walls is the carpet area, i.e., it the wall to wall measurement.
This image will clarify your doubt: https://housing.com/news/wp-content/uploads/2016/05/basic1.png?x16513
Anything inside the green area in the image will be included in carpet area.
regards
If the lift and stair is inside the four walls then it includes the carpet area. I thought previously those to be for common purpose.
if it is for exclusive use only then it is within carpet area.
Carpet area is the area that can actually be covered by a carpet, or the area of the apartment excluding the thickness of inner walls. Carpet area does not include the space covered by common areas such as lobby, lift, stairs, play area, etc. Carpet area is the actual area you get for use in a housing unit.
Since this is a building let out on rent for the bank, the bank whether using the stair case or lift exclusively by themselves, they may go for rent as per the actual carpet area only.
The lift and staircase are the access to their rented premises which you are even otherwise have to provide at no extra cost or cannot claim separate rent for the usage of lift or staircase.
The building I am renting is very similar to a duplex house that has stairs and lift inside the four walls. Could you please share the legal definition for the carpet area in this case for lift and stairs to be included or excluded. Are you aware of any RBI guidelines that banks use to come up with the definition of carpet area.
You may call it as duplex house but the bank would need the building for carrying out their business and they are very much entitled to proper access way, they will not be bothered whether you build the staircase within the building or outside the building but within the compound.
The RBI wont issue guidelines on such issues. The bank has its own rules and regulations in respect of the specification of the building and the area that is to be taken on rent.
This is the administration policy of the individual bank and not under the control of RBI on such issues.
I am confused. I got two different answers from your advocates. One says, everything inside the four walls of the building are included in carpet area. Another says the lift and stairs are included in common area and not in carpet area. These are generic definitions and not specific to my situation.
The lift and staircase built within the building i.e., within the carpet area is not a part of carpet area, you cannot claim it to be part of carpet area.
The bank has all the rights to say that this will not include within the carpet area and may not pay the rent for the stair case or lift which is within the building because that is an essential thing for access to their premises.
My question is in our case the lift and stairs are inside the four walls of the building, we built it exclusively for them keeping in mind their security reasons. These stairs and lift are similar to what you provide inside a two storied duplex or a villa inside the four walls. We could have easily built both the stairs and lift outside the four walls. The bank is not even including the area of the floor below the stairs where the carpet can be spread.
So, do you include the stairs and lift inside the four walls of a villa/duplex in the carpet area or not?
You cannot give any justification to this, the law is very clear about the stair case and the lifts while calculating the carpet area.
Carpet area is the area that can actually be covered by a carpet, or the area of the apartment excluding the thickness of inner walls. Carpet area does not include the space covered by common areas such as lobby, lift, stairs, play area, etc. Carpet area is the actual area you get for use in a housing unit.
Therefore you cannot claim that the staircase or lift is part of carpet area.
This is not a residential building, you have let it out on rent for the commercial purpose
There is no question of the bank utilising the stair case or lift for their own use or it is being used by their customers or anyone.
Your case may not be maintainable in law.