UP RERA directs developers to sell units based on carpet area

January 4, 2024: The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has directed all residential project developers to ensure the sale of apartments based on carpet area only, according to media reports. As per the provisions of the RERA Act and pursuant to other legal agreements and contracts, there is no justification of ‘Super Area’, the regulatory authority said.

The sale of apartments on this basis will be considered illegal and according to the provisions of RERA Act, buying and selling of apartments is legal only on the basis of carpet area, as per an official statement.

As cited in reports, UP RERA Chairman Sanjay Bhoosreddy said that there was no abbreviation or definition of Super Area in the RERA Act. It was necessary for allottees to consider the carpet area as the actual area of the unit or apartment and pay the promoter according to this area.

According to the RERA Act 2016, promoters mention the number of units and their types along with floor, balcony, terrace and area of other spaces while registering the project on the portal. In this, they mention actual area of floor space among internal walls (Carpet Area).

For an agreement for sale between a promoter and an allottee, a model agreement for sale has been provided on UP RERA’s portal. This model agreement for sale is also based on carpet area. In this way, selling apartments or units on the base of ‘Super Area’ is contrary to the provisions of the RERA Act, as per the statement. Hence, promoters must ensure the sale of units according to the carpet area only. Violation of this provision may cause legal action, the UP RERA added.

What is carpet area?

According to the RERA Act, 2016, carpet area refers to the net usable floor area of an apartment, excluding the area covered by the external walls but including the area covered by internal partition walls of the apartment’. In simple words, a carpet area is an area in a flat that can be covered using a carpet.