When homebuyers finally receive possession of their flat, one of the most common shocks is discovering that the carpet area is not exactly the same as what was promised at the time of booking. Sometimes it’s slightly bigger, sometimes smaller — and in many cases, buyers don’t know whether this difference is legal or how much refund/extra payment the builder can demand.
A MahaRERA order (from 2022) highlights these rules again and reminds developers of what must be followed as per the Maharashtra Real Estate (Regulation and Development) Act.
Here is a simple breakdown.
🔹 What Does MahaRERA Say About Carpet Area Variation?
Builders are allowed a maximum variation of 3% in carpet area after the building is fully complete and after the Occupancy Certificate (OC) is received.
This is clearly specified:
“…variation cap of three percent… the price payable shall be recalculated…”
This means:
✔ Up to +3% or -3% variation is allowed
No developer can arbitrarily increase or decrease area beyond this limit unless the buyer voluntarily agrees.
🔹 When Should Builder Confirm the Final Carpet Area?
MahaRERA makes it mandatory that after construction is completed and OC is granted, the promoter must:
- Confirm the final carpet area in writing.
- Share details of any change compared to the agreement.
- Recalculate the final cost accordingly.
This ensures transparency and protects buyers from last-minute surprises.
🔹 If the Carpet Area is Less than Promised (Up to 3%)
The developer must:
✔ Refund the extra money
- Refund the amount within 45 days
- Add interest at the rate specified under RERA rules
- Interest is calculated from the date the buyer paid the excess amount
This is where most buyers benefit:
Even a small reduction (say 10–15 sq. ft.) means the builder owes you money with interest.
🔹 If the Carpet Area is More than Promised (Up to 3%)
The developer can:
✔ Recover extra cost
- Charge for the additional area
- Raise the demand as per the next payment milestone
- Rate per sq. ft. must remain the same as mentioned in the agreement
Important:
The builder cannot randomly charge higher rates for the extra area.
🔹 If the Change is More Than 3%?
This is where the real power shifts to the homebuyer.
A variation beyond 3% is considered significant and not permissible without the allottees’ consent.
Buyers can:
- Refuse to accept possession
- Approach MahaRERA for compensation
- Seek cancellation with full refund + interest
🔹 Why is This Rule So Important?
Carpet area defines the actual usable space in your home.
Even small changes can mean:
- higher EMIs
- increased total cost
- layout changes
- reduced living space
MahaRERA ensures that developers cannot take buyers by surprise at the end of the project.
🔹 What Homebuyers Should Always Do
Before signing the agreement:
- Check if carpet area is clearly mentioned (RERA mandates this).
- Ensure the rate per sq. ft. is written separately and clearly.
At possession stage:
- Ask for the final carpet area sheet
- Compare with what’s in your agreement
- Calculate if you’re eligible for a refund or are being fairly charged
Bottom Line
MahaRERA protects homebuyers by ensuring that:
- Carpeting changes stay within limits
- Buyers get refunds with interest for reductions
- Excess charges are regulated and transparent
- No surprises come at the time of possession
This order is another reminder to both developers and homebuyers: carpet area cannot be manipulated, and buyers always have legal backing to enforce their rights.
