Sale of Flat on the Basis of Carpet Area:- G.R. dated 20th August, 2008
Administrative order for the enforcement of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Act, 2008 (Mah. Act 23 of 2008)
Government of Maharashtra
Government Resolution No:- Ma.ha.sa 2008/pra.kra.70/Du.va.pu-2
Mantralaya, Mumbai-400 032,
Dated:- 20th August, 2008
In paragraph 5 of the State Housing Policy it is so mentioned that the sale and purchase of flats can be effected only in terms of their Carpet Area. To implement this provision the Government amended the Maharashtra Ownership of Flats (Regulation of the promotion of Construction, Sale, Management and Transfer) Act, 1963. In the Maharashtra Government Gazette dated 12 May, 2008, Maharashtra Ownership of Flats (Regulation of the promotion of Construction, Sale, Management and Transfer)(Amendment) Act, 2008 (Mah. Act. 23 of 2008) was published.
- By the said Amendment Act, in section 3 of the original Act of 1963, after clause (m) of sub-section (2), the following clause was added—
“(n) sell flat on the basis of the carpet area only:
Provided that, the promoter may separately charge for the common areas and facilities in proportion to the carpet area of the flat.
Explanation.— For the purposes of this clause, the carpet area of the flat shall include the area of the balcony of such flat.”
- By the Amendment Act, an obligation is imposed on the promoters to sell the flats on the basis of carpet area and a promoter who contravenes the said provisions can be punished under section 13(1) of the said Act of 1963, with imprisonment upto 3 years or with fine or both.
- To enforce the said Amendment Act, now the Government hereby notifies all Municipal Commissioners, all Chief Officers of the Municipal Councils that, since the coming into force of the Amendment Act with effect from 12 May, 2008, it has become mandatory to purchase and sell all flats on the basis of carpet area; hence they should make it mandatory to mention the total carpet area of each flat in the Building Plan and without such reference Building Plans should not be sanctioned.
- While effecting the sale of flats, amount of stamp duty is charged on the sale price as per the Annual Statement of Market Rates published by the Inspector General of Registration and Controller of Stamps, Maharashtra. While levying this amount, the stamp duty is determined as per the assessment of the built-up area.
Inspector General of Registration and Controller of Stamps, Maharashtra State is hereby notified that a provision should be incorporated in the Statement of Market Rates for the levy of stamp duty amount on the basis of assessment of carpet area of the flats, so that purchasers of the flats will not have to pay any excess amount.
- A copy of the Amendment Act is despatched with this Government Resolution.
- This Government Resolution is made available on the Government of Maharashtra Website www. Maharashtra.gov.in and its Computer Code No. is 20080820134813001.
By the order and in the name of the Governor of Maharashtra.
Encl:- As above
1] Secretary to the Hon’ble Governor, Raj Bhavan, Malbar Hill, Mumbai (By Post)
2] Principal Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai-32
3] Secretary to the Hon’ble Dy. Chief Minister, Mantralaya, Mumbai-32
4] Private Secretary to the Hon’ble Minister of State (Housing), Mantralaya, Mumbai-32
5] Hon’ble Chief Secretary, Maharashtra Government, Mantralaya, Mumbai
6] Principal Secretary (Urban Development Department), Mantralaya, Mumbai-32
7] Principal Secretary (Revenue & Forest Department), Revenue & Forest Department, Mantralaya, Mumbai-32
8] Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune
9] All Municipal Commissioners
10] All Chief Officers/Municipal Councils
11] Director, Town Planning, Pune
12] Director, Municipal Council Administration, Mumbai
13] All Divisional Commissioners
14] Deputy Chairperson and Chief Executive Officer, Maharashtra Housing and Area Development Authority, Griha Nirman Bhavan, Bandra (E), Mumbai-51
15] Director General, Information and Public Relations Directorate, Mantralaya, Mumbai-32
16] Director General, Yashada, Raj Bhavan Compound, Baner Road, Pune
17] Nivad Nasti, Du.va.pu-2, Karyasan, Housing Department, Mantralaya, Mumbai-32
[© Translated by Adv. Prakash Manohar Chalke]