FAQ: Additional usable area under debate - should pay or not? - Property Hotline

Expert: Nirav Jani, Associate Partner at Hariani & Co.

Q: I booked a 2 BHK flat in Runwal Greens at Mulund, Mumbai for 6,000/sq ft in 2010 and registered it in 2015. When I received stamp duty and registration details, I learnt the area of the flat had been increased by 82 sq ft. The builder is charging 1,000/sq ft for this extra area. The cost has risen by 11 lakh. I requested the builder to charge me the booking rate multiplied by the extra area, but he refused and is not giving the keys. What legal recourse can I take?

Answer: It appears that the conversion of the flower bed to the usable area has been done post, by paying the premium for fungible FSI. The developer has decided to covert the flower bed, which for free of FSI, into the usable area for which he has paid the premium. If the developer has written to the buyer about the changes earlier and you have agreed to the conditions of the change, you have to pay under a commercial agreement between the purchaser and the developer and proceed further. If you were not aware of the changes and conversions and the developer is requesting the amount now, you can refuse to pay and ask the flat to be handed over as per the agreement agreed.