In Bengaluru tgere iw a separate agreement for UDS. i don't know whether you have done a separate agreement for it.
I’m planning to purchase a flat in Bangalore. Super Built-up Area of this flat is 1600sq.ft. with 358sq.ft. UDS. However I noticed that another flat with same super built-up area has slightly lower UDS of 357sq.ft. So, it’s 1sq.ft. difference for these two flats. Is this legal for the builder to assign different UDS for same size flats? Will there be any legal issues in future due to differences in UDS?
In Bengaluru tgere iw a separate agreement for UDS. i don't know whether you have done a separate agreement for it.
The difference of same size of flat you can find the difference in the Terrace or Gallery area as compared to each other. The flat Super Built-up Area may be same, kindly check each room and Terrace are the same of has difference in it.
1. UDS = Total Land Area x Size of the individual apartment ÷ the sum of areas of all apartments.
2. Builder has to adopt the same formula.
3. It's not legal for a buyer to assign different UDS for same size flats.
4. Legal issues may likely to crop up from the buyer of the flat, who has been assigned lower UDS for same size flats.
5. This might have happened in the apartment complex which has more number of flats constructed than the sanctioned plan.
Undivided share of land or UDS as I am sure you already know is your share in the the actual land. So if tomorrow there is no building there then that is your share in the land of the society.
Normally builder cannot give two different UDS for same carpet area or built up area flats.
Check the built-up area and not the super built-up area because UDS is calculated on built up area or carpet area as we call it. That might be the cause of discrepancy. If not then ask your builder the reason and make sure he gives a satisfactory answer else it might be that he is committing fraud.
1. Minor insignificant difference shall be obvious due to layout drawings of floor plan, contours & thickness of the walls etc.... . This does not affect in anyway, as far as any futuristic legal issues are concerned.
2. What is important is the plan should be duly sanctioned by the local development of civic authority and such differences shall be evident in the sanctioned plans.
No, it's not legal for the Builder to assign different UDS for same size flats.
Since the difference is 1 sq. Feet ,there will not be any legal issue in future due to differences in UDS of negligible size otherwise you may place it on the record by questioning the Builder of difference in UDS for same size flats.
- As per rule , when you buy a flat , then you are technically buying two things i.e. the first thing is the constructed part of the building where being owner , you will actually reside, while the second is a proportionate share of the land on which the property is built , and this share of land allotted to the you/flat owner is known as an undivided land share or UDS.
- Further, the value of any property is the increased , due to increase in the land rate and not the constructed area, and hence it is the UDS that determines the future monetary value of the property.
- Further, if the apartment in which you are going to purchase is demolished for reconstruction or comes under a government acquisition project and made available for demolition, the compensation to the respective flat owner will depend on the percentage of the undivided land share in the property.
- Hence, the sum of the UDS for each flat owner must be proportionate to the area of the land in which the apartment has been constructed.
- Further, In case of co-operative housing societies, the UDS must legally be in the name of the society since the flat owners are the shareholders of the society.
- Hence, there will be legal issues in future due to difference in UDS.
Good luck and dont forget to rating Positively.
There is little difference between mathematics and engineering where 2 +2 may not be 4 in all circumstance.
The variables to take into account while calculating SBA is naturally not same for each flat and such differences are quite common.
No it's illegal you can approach consumer court or other competent authority for direction and Redeessal
The difference may occur due to location also.
If you are getting a lesser UDS then you can agitate over this.
However you may better obtain a proper legal opinion before venturing into the purchase of this property.
1. The builder is free to assign different UDS for same size flats.
2. He has not done anything illegal,
Dear Sir,
it is quite possible that the said transaction/description of UDS is just approximate and it will not finally affect in any manner.
Thanks everyone for your response. One follow-up question. I understand UDS is mine to keep it forever. How about SBA? Say about 40 years later, once apartment association decides to demolish and rebuilt the apartment will I be allocated exactly same super built-up area of 1600sq ft apartment or can there be any deviations? Same with car parking slots as well. Will I be allocated same number of parking slots?
In case of redevelopment super built up area to be allotted would depend upon association agreement t with builder for redevelopment
2) you may be allotted more carpet area of flat on redevelopment of property with parking slots
The rights you are enjoying now cannot be curtailed in future in your property for any reason including the redevelopment of the property at a later stage.
Whatever rights you have been bestowed with upon purchase of this property by a registered sale deed, shall remain in tact till you transfer this property by sale or any other means to a third party.