The Gurugram Based Regulator, Haryana RERA, Imposes Regulations to Sell Flats only on Carpet Area

The Haryana Real Estate Regulatory Authority has issued new guidelines for the sale of a building or an apartment in any real estate project. As per the new guidelines the real estate agent or the promoter can sell the property on carpet area basis regulations only.

Earlier the real estate agents or the promoters were selling the property on the basis of super area, which was illegal. As there were no specific guidelines whether to sale the property on carpet area basis or super area basis, the real estate agents were taking unusual advantage of it.

The Real Estate Regulatory Authority of Haryana has clearly notified that if any real estate agent or the promoter found guilty of violating the new guidelines, the strict action will be taken against them.

K.K. Khandelwal the Chairman of Real Estate Regulatory Authority says, “The sale on super area basis shall be treated as fraudulent and an unfair trade practice by the promoter”. He said that the conveyance deed shall be executed only on carpet area basis. The sale of apartments in Gurgaon or building will be done on the basis of carpet area only. So the sale done on the basis of super area is illegal.

Khandelwal said the “definition of super area as provided in various builder-buyer agreements is vague and there are wide variations in the definitions”.

He said that “The property in real estate projects is not properly described by way of mentioning super area without specifically giving details and breakup of the components included in the super area. The practice of sale of the real estate on super area basis is misleading, ambiguous, opaque, and gives rise to confusion and complexities and at times result into avoidable litigation”.

He further added that the guidelines have been formed by the RERA to ensure that the sale of plot, apartment, building or sale of any other real estate project will be done efficiently with transparency in the process and to safeguard the interest of customers in the real estate sector.

Earlier there was no legitimate explanation for the term ‘Carpet Area’, because of which real estate brokers were taking unjustifiable advantage of it, ultimately the customer was the one who used to suffer because of this. In 2016, Real Estate (Regulation and Development) Act came into existence. The act has given a precise and detailed definition of carpet area which now has addressed the elusiveness and insecurity in this respect. If you are looking to buy apartments in Gurgaon, make sure the real estate agent or promoter is not selling the property on the basis of Super area of flats/apartments.