A Flat has been defined under the Maharashtra Owner ship Flat Act, 1963. A flat means a self-contained premises used or entitled to be used for the purpose of residence or office, showroom or shop or godown or for carrying on any other business and includes garage or premises which forms the part of the building and includes an apartment.
Documents to be verified before Purchase of a Flat
Before you purchase a flat, you have to have a title and document search conducted by a competent advocate. You cannot do it yourself. You have to use the services of a competent advocate. It is a professional job to be done with professional assistance.
Difference between Built-up Area, Super Built-up Area and Carpet Area
Carpet Area: This is the area of the apartment / building which does not include the area of the walls.
Built-up Area: This includes the area of the walls also.
Super Built-up Area: This includes the built-up area along with the area under common spaces such as the lobby, lifts, stairs etc. This term is therefore only applicable in the case of multi-dwelling units.
The difference between carpet area and the built up area is very simple to understand. Normally the area available to spread a carpet a in the flat is considered as carpet area, whereas the space occupied by the walls is also considered in calculating built-up area. The space occupied by Gardens, Swimming Pool and other unoccupied space is also considered for calculating the super built up area. Normally the measurement is carried out considering 15% more for built up area and 30 - 40% more for super built- up area. The stamp duty should be paid on the carpet area and not on other areas.
Measurement of plinth, carpet and rentable areas of buildings
In order to unify and standardize the method of measurement of plinth, carpet and rentable areas of buildings, the Method of Measurement of Works of Civil Engineering Sectional Committee, CED44of Bureau of Indian Standards has been brought out and Indian Standards, namely: Method of Measurement of Plinth carpet and Rentable Areas of Buildings (first revision).
The standard defines various important terms like plinth areas, carpet area, rentable area, balcony, stair cover (mumty), loft and porch. It stipulates that the areas of basement, floor without cladding (stilled floor), floors including top floor, which may be partly covered, mezzanine floor, and garage shall be measured separately.
For measurement of plinth area of the above categories, the various areas required to be included and those not to be included in the plinth area are clearly mentioned. From the plinth areas as worked out above, the carpet area is obtained by deducting the area of wall in accordance with the method given in the standard, which details the wall areas to be included and excluded.
The carpet area so obtained shall exclude the areas of portions like. verandah, corridor and passage, entrance hall and porch staircase and stair cover (mumty), shaft and machine room for lift, bathroom and lavatory, kitchen and pantry, store, canteen, air-conditioning duct and plant room and shaft for sanitary piping in accordance with the provisions of the standard.
Apart from plinth and carpet areas, the standard also gives the method of measurement of rentable areas for residential and non-residential buildings by adding certain areas to the carpet area.
It clearly mentions the areas to be included and excluded while working out the rentable areas. It is recommended that the architects, engineers, government departments, contractors, builders, developers and promoters and all others concerned should adopt/ implement this Indian Standard for uniform implementation of the standard method of measurement of areas of buildings, especially in the interest of common consumer.
Important documents one should check before buying any property
If you want to purchase a property, you have to look at the approved layout plan, approved building plan, ownership documents, carry out the search, etc. Contact an advocate before you purchase a property so that he can advise you.
Authenticity of documents
Regarding authenticity of documents, one has to take the help of an advocate to verify the authenticity of the various documents submitted by the seller of the house, particularly with regard to the possibility that the house has not been sold earlier to a third party.