Query regarding interpretation of RERA
1 year ago
I own a vacant plot measuring 4000 Sq. Feet in Chennai. I am planning to construct residential apartment with 9 units in the property. Since RERA is applicable when there are more than 8 residential units constructed on a plot, I have sub-divided the land into two portions, one portion that is Plot A measuring 1800 Sq. Feet and another portion that is Plot B measuring 2200 Sq. Feet and obtained necessary permission from the government authorities for the sub-division. I am going to construct 4 residential units on Plot A which is measuring 1800 Sq. Feet and 5 residential units on Plot B which is measuring 2000 Sq. Feet and obtained separate building permission plan permission for Plot A and Plot B from the government authorities to avoid registering with RERA. There is a passage measuring 200 Sq. Feet that is common to both the plots, that is Plot A and Plot B. The undivided share of land (UDS) for each buyer is calculated in the below manner:
For each buyer of Plot A = (Actual land area/4) + (Common passage area/9) = (1800/4) + (200/9)
For each buyer of Plot B = (Actual land area/4) + (Common passage area/9) = (2000/4) + (200/9)
As shown above, the common passage are is only distributed equally among the 9 buyers. In this case should I have to register with RERA for my construction project?
Normally, common passage should not be distributed among the nine buyers and better to keep that area with the joint ownership of builder and original owner. Better go with advise of local lawyer who is expert on the above issue.