Builder has to charge as per sanctioned plan and not as per brochure
2) builder can sell enclosed car parking space ie garage but not open car parking slots
The SBA in Sanction Plan is less than SBA in brochure and can builder include car parking in SBA?
Hi, I am about to buy an under-construction (about 70%) flat in Bangalore. The Super Builtup Area mentioned in the BBMP approved Sanction Plan is 1525 sqft, while the brochure advertised by the builder is 1590 sqft. There is a difference of 65 sqft. The build is charging us based on the square foot mentioned in the brochure, i.e 1590 sqft. And also, the sale deed draft mentions the inclusion of closed car parking in SBA while it is also being charged 2 lakh separately as part of amentines. 1. Can the builder charge based on SBA mentioned in the brochure which is higher than the approved sanction plan? 2. Can the builder include the car parking in the SBA? Thanks!
Asked 3 years ago in Property Law
Religion: Hindu
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11 Answers
1. The builder cannot sell more than what has been approved in the building plan.
2. Car parking forms part of common areas meant for the use and enjoyment of all the residents in common and the builder cannot sell any exclusive parking space to anyone.
1. No. He can charge you as per sale agreement and agreed amount. Presently builder can only charge as per carpet area
2. No
1. Legally builder should charge for the area which is mentioned in the approved sanctioned plan , and further cannot any extra amount from you , even for the area of parking space.
2. No,
- As per Supreme Court , promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners.
- Further, as per law, A Flat is defined as a separate and self-contained set of premises used for residence, or office, show-room or shop or go-down or for carrying on any industry or business within a larger building and fully separated from the common area of the building, and further a stilt parking space is also common area, hence none having right to sell the slit parking with the flat legally.
Dear client,
1) No, they cant charge
2) yes, they can include.
Thank you.
Parking is an amenity provided along with the flat and hence it should not be added as a component of area.
The builder should add its cost while arriving at the cost of the flat for sale i.e. he should include it in the rate either per sqm or lump sum rather than in the area
Area of the parking floor on ground floor should not be added while arriving at super built up area of the flat. The builder may add its cost while calculating the price / rate for the flat.
the parking floor does not cost 100% of typical floor as it does not contain internal walls, its plaster and painting, doors, windows, toilets etc.
with latest Real Estate Regulation Act of Government of India now it has become mandatory to sell flats on carpet area basis
Thanks for all the answers. How do we proceed if the builder is not willing to sell us the flat as per BBMP sanctioned plan square foot area?
Asked 3 years ago
Don’t purchase the flat
always buy a flat from builder having impeccable track record of completing construction within stipulated period
1. Lodge a written complaint with the State RERA authority.
2. Issue legal notice threatening specific performance suit if ignored.
3. Complain to CREDAI, asking them to debar the builder.
You can issue a legal notice and then drag the builder to the consumer forum for deficiency in service and also for compensation for the loss you incurred due to the builder's negligent and arrogant attitude.
You need to approach rera or consumer court or also complaint to BBMP for violation of its rules
Dear client,
You will have to lodge a written complaint to the authorities under RERA and send a legal notice intimating your grievance and the need of specific performance.
Thank you