Can a builder sell a COMMON AREA to the Buyers of FLAT?

Can a builder sell a COMMON AREA to the Buyers of FLAT?
Post RERA enactment, the saleable area differs from the registrable area now.
The principal components of a flat are:
Undivided share of land
Carpet area
Garage
External walls
Ducts
Exclusive balcony areas
Exclusive open terraces
Exclusive verandah areas
Lobbies (common)
Play areas (common)
Gym areas (common)
Corridors(common)
Staircases (common)
Watchman rooms (common)
Lift areas (common)
Open parking (common)
Let us know the status of each area in this video.

[@vijaybandi5634]

Excellent sir...You info is very valid for any layman who is going to buy a flat...

[@rirranki]

Thank you for sharing valuable information.

[@SatishKumar-er2lq]

The common water tank and lift room is in Terrace, can a builder sell this terrace area to anyone...? and the buyer can block the way to terrace..? I don't think so, because lift and water tank is there, no one can sell this terrace and block the way. Anyone clarify please.

[@carampavankumarmelam1811]

Please check the below for the construction on the Terrace: 1. Whether the builder obtain the plan and permission? 2. If there is no plan and permission, whether the builder regularised the construction later? 3. Is the regularization proper? If there is no permit or regularisation, such construction amounts to illegal construction. Normally many builders retain terrace rights while executing the sale deed and constructing such super floors. You may check this as well and may question the builder.

[@SreenathaReddyKR]

Thank you🙏

[@tagoredutta940]

Good information 👍

[@carampavankumarmelam1811]

Thank you, Tagore ji 😊

[@rohitg81]

Sir can a person split his flat in 2 portions with separate kitchen and sell them separately? I heard part property is not legal and later may cause issues while selling/bank loan.

[@carampavankumarmelam1811]

One must study your question from various perspectives, including registration and stamps, property laws, RERA, user convenience, bank loans, apartment community or society, plan, and permission, etc. From the viewpoint of registration or property laws, there would be no issue as far as the document writers can show their talent in articulating the sale deed well as they need to specify how the user of the flats can access their property independently, in joint areas, undivided share of land, boundaries, etc. The vendor must attach a clearly demarcated map specifying the boundaries. RERA always speaks about real estate units. In its law, it never conceived such a challenge. Moreover, if such a sale happens during the five years of quality assurance, the promoter may escape the defect liability due to the flat's division. Banks may refuse to offer the loan as the division is not according to plan and permission. If the builder/promoter revises the plan, the banks come forward to offer the loan.

[@rohitg81]

@@carampavankumarmelam1811 thank you sir for your response. It is actually a builder floor of 440 sq yard(stilt + 4). The ground floor owner constructed a wall in between on his floor to divide it in 2 portions of 220 sq yard each with separate kitchens, entrances etc years after builder had handed him possession of the floor.

[@carampavankumarmelam1811]

@@rohitg81 then such a division would be against the plan and permit

[@rohitg81]

@@carampavankumarmelam1811 thank you so much sir.

[@TON-vz3pe]

You have to pay only for the carpet area.

[@carampavankumarmelam1811]

Not necessarily. RERA not restricted a builder from selling common area.

[@pyrofanatic6053]

Sir, my builder charging me for super built up area which 1835, but whereas the carpet area is only 1035. Need your guidance sir what do i do for amicable solution

[@carampavankumarmelam1811]

He can do it but with a proper disclosure. Moreover, it’s a contract between two parties. Read the agreement and disclosure in RERA webpage of the project

[@pyrofanatic6053]

@@carampavankumarmelam1811 Sir we just paid advance and we have not entered into any agreement yet

[@carampavankumarmelam1811]

@@pyrofanatic6053 buyer must negotiate the price with the builder before making any payment. As per RERA, agreement is required if the booking advance is 10% or more of the consideration. Check the terms mentioned in the flat booking letter.

[@sivakrishna8650]

Hi Sir, Can association decide the usage of common area to specific people only..in my apartment, association allocated the common parking area to few people who are feeling conjusted in their parking space. But now person raised a concern that common area belongs to all people and association don't have rights on common areas

[@carampavankumarmelam1811]

Read the charter of the association with the sale deed of the flat you own.

[@sivakrishna8650]

@@carampavankumarmelam1811 sir, builder has not registered any association so we flat owners decided and created an association. In the sale deed he mentioned that common area belongs to Association.. so association decided to alot bike parking for few flat owners but some flat owners objected..

[@carampavankumarmelam1811]

@@sivakrishna8650 check the charter or association deed to find out the power of the association to allot the common area as parking or for other purposes. By the way, when it was built. I’m asking this information to check RERA compliance.

[@sivakrishna8650]

@@carampavankumarmelam1811 sir, this was built in 2021. I just checked the byLaws of my association and we have included a point that association has a right to alot common parking space. We are 15 flat owners in apartment and association formed with 13 members only. The other 2 persons who are not part of association are not allowing to alot the parking and stopped the maintenance. In this case how can we proceed

[@carampavankumarmelam1811]

@@sivakrishna8650 is it RERA registered project? The association can make a complaint against the non cooperative owners to RERA Authority. Moreover, the majority decision is final.

[@ramaswamyvaidyanath3747]

what us exclusive terrace sir, please clarify

[@carampavankumarmelam1811]

Your question is not clear. But with reference to the context of the topic, the builder can sell exclusive terrace area.