LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
February 13, 2025 at 08:14 AM
*MOFA Carpet Area V/s RERA Carpet Area* 1) *MOFA Carpet Area* refers to the actual usable area within an apartment or a commercial space as per the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, 1963. The MOFA Carpet Area refers to the area within the walls of an apartment, inclusive of the open terrace, balcony and veranda, but excluding the thickness of inner walls. Essentially, it encapsulates the usable living space within a property, providing a tangible metric for assessing its spatial dimensions. 2) *RERA Carpet Area* RERA Carpet Area refers to the net usable floor area of an apartment, excluding the area covered by external walls, areas under services shafts, exclusive balcony or verandah area, and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment. *Author’s Perspective* Though both MOFA and RERA Carpet Areas seek to measure the liveable space within a property, they differ in terms of included elements and measurement accuracy. MOFA, originating from an earlier time, provides a wider scope by including balconies and verandas. On the other hand, RERA takes a more precise stance, concentrating exclusively on the internal liveable area, thus removing any uncertainty about the actual habitable space. Since, the older times flat sale agreements would state area as per MOFA laws, the new agreements are required to follow the RERA laws, *it is advisable to clarify such details during the negotiation phase with the Developer*, ensuring alignment with your expectations and the provisions outlined in newer legal framework of RERA.
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