Understanding the Super Built-up Area Maharashtra Dispute and Your Legal Rights

You booked your dream flat. The price is finalised. You signed the Agreement for Sale. But now the builder says the super built-up area has increased and so has the cost. Sound familiar? This issue is at the heart of many super built-up area Maharashtra, where developers attempt to stretch the rules. But thanks to the RERA carpet area rule, homebuyers now have legal protection.

In this article, you’ll learn:

• What the law says about super built-up area Maharashtra
• Whether builders can increase it after agreement
• What rights you have under RERA
• Legal remedies available to you
• Practical steps to protect your investment

Let’s simplify the legal language and help you stand your ground.

What Is Super Built-Up Area Maharashtra and How Does It Impact You?

The super built-up area includes your apartment’s carpet area plus shared spaces like stairs, lobbies, and amenities. Before RERA, builders often used this inflated figure to calculate pricing, creating confusion and frustration for homebuyers.

But under RERA in Maharashtra, that changed.

1. RERA Carpet Area Rule:

RERA defines carpet area (Section 2(k)) as the net usable floor space of an apartment, excluding external walls and certain areas, but including internal walls.

Only the carpet area can be used for pricing and legal agreements not the super built-up area.

The result? Buyers now know exactly what they’re paying for. This is a game-changer in preventing super built-up area disputes.

2. Legal Framework: What RERA Says About Super Built-Up Area in Maharashtra

The Real Estate (Regulation and Development) Act, 2016 (RERA) and the Maharashtra RERA Rules ensure full transparency. Builders cannot arbitrarily increase the super built-up area Maharashtra post-agreement.

• Key Legal Provisions:

1. Section 13(2): Agreement must specify the carpet area
2. Section 14(1): No changes to sanctioned plans or layout (including area) without buyer consent
3. Rule 3, MahaRERA: Agreement for Sale must reflect pricing based on carpet area

Even a ±3% variation in carpet area must be clearly documented and consented to.

3. Can a Builder Increase the Super Built-Up Area After Signing?

No, not legally.

Once the Agreement for Sale is signed, a builder cannot unilaterally increase the super built-up area and charge more unless:

• The increase affects carpet area and
• You give your written consent

If the carpet area increases beyond 3%, you may:

• Accept and pay proportionally
• Or withdraw with full refund plus interest

If carpet area reduces, the builder must refund the difference with interest.

Super built-up area Maharashtra disputes arise when builders misuse this to increase charges unfairly. But RERA protects you from such practices.

4. Common Problems Faced by Homebuyers in Maharashtra

• Demand for Extra Payment Post-Agreement

Builders often claim that changes in amenities or design increased the super built-up area, asking buyers to pay more. But under RERA, this has no legal basis unless the carpet area also changes.

• Misleading Sales Material

Even today, some builders continue to advertise super built-up area to inflate apartment size. This causes disputes when buyers later find out the actual RERA carpet area is much smaller.

• Old Agreements Based on MOFA

Many pre-RERA projects had agreements based on MOFA, which allowed vague definitions of area. These cases still generate confusion around super built-up area disputes.

Real Case Example: Buyer Relief via RERA

In a 2023 case in Thane, a builder tried to charge extra at possession, citing an increase in super built-up area. The buyer refused, filed a complaint with MahaRERA, and the authority ordered the builder to refund the excess with interest.

This shows how RERA empowers buyers in super built-up area Maharashtra disputes.

Practical Steps for Homebuyers

• Review Your Agreement for Sale Thoroughly

1. Check if it’s RERA-compliant
2. Ensure it mentions only the carpet area
3. Look for clauses allowing or restricting changes

• Request Detailed Area Calculations

Ask for breakdowns of:

1. Carpet area
2. Built-up area
3. Super built-up area
4. Common area share

• Put Everything in Writing

Always communicate with your builder via:

1. Email
2. Registered post
3. Written notices

Keep copies of all correspondence.

• Gather Documentation

Collect:

1. Agreement for Sale
2. Brochures
3. Area layouts
4. Builder communications
5. Payment receipts

Legal Remedies Available to You

• File a Complaint with MahaRERA

This is the most effective remedy. MahaRERA can:

1. Order refunds for unauthorised charges
2. Direct the builder to honour the agreement
3. Impose penalties

Approach the Adjudicating Officer (AO)

For compensation claims due to mental agony, loss, or delay caused by the super built-up area dispute.

• Use the Consumer Forum

If the builder’s actions qualify as:

1. Unfair trade practices
2. Deficiency of service

You can seek compensation or refund under the Consumer Protection Act.

Timelines and Compliance Tips

• Act Fast: File your RERA complaint promptly
• No Verbal Agreements: Only written terms matter
• Comply with Your End: Make timely payments to avoid legal complications

What to Avoid – Legal Advice

• Don’t Pay Without Protest: Never pay extra unless legally reviewed
• Avoid Verbal Promises: Get all commitments in writing
• Don’t Delay Filing Complaints: The sooner you act, the stronger your case

Remember: The builder can’t use increased super built-up area as a way to change price without RERA compliance. Focus only on the carpet area.

Conclusion / Takeaway

The RERA carpet area rule is your shield against unfair practices involving the super built-up area Maharashtra. A builder cannot increase the super built-up area after signing the agreement unless you consent and the carpet area itself is legally impacted.

Know your rights. Act early. Stay informed.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Always consult a qualified legal professional for guidance specific to your situation, as laws may vary based on jurisdiction and individual circumstances.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in the region. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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