KOLKATA: The largest association of developers in the state has contacted Chief Secretary Manoj Pant regarding a recent amendment to the query requisition form used for assessing stamp duty and registration fees by the Directorate of Registration and Stamp Revenue.
The amendment now requires the inclusion of the super built-up area (SBUA) alongside the built-up area (BUA), carpet area, and the total number of floors in the form. Authorities are now insisting that SBUA information be included in both the agreement for sale (AFS) and the conveyance deed.
According to Credai West Bengal, this change has complicated the registration of sale deeds, leading to confusion among customers. Over the past week, many registrations have been delayed due to this issue. Consequently, CREDAI has urged that the registration portal be modified to calculate stamp duty and registration fees based solely on carpet area, as was the case prior to this amendment.
The carpet area pertains to the actual usable space in a flat, excluding walls and balconies. In contrast, the super built-up area not only includes these elements but also a pro-rata share of common areas. There is a lack of uniformity in the definitions and scope of SBUA, as it is not defined under the National Building Code, any municipal acts, RERA, or other laws, according to Credai West Bengal president Sushil Mohta. He noted that there have been numerous litigations between promoters and buyers regarding the interpretation of common area components within SBUA. “Current conveyance/agreement formats under RERA do not incorporate SBUA, leaving its calculation up to developers, which has led to arbitrary percentages being applied to the built-up area, creating confusion and misleading price variations,” Mohta explained.
In January 2023, developers were permitted to exclude SBUA from their calculations and base pricing solely on carpet area. Before RERA (West Bengal Real Estate Regulatory Authority) was introduced in 2017, property transactions were typically based on SBUA. After the implementation of RERA, developers transitioned to using carpet area. As a result, a 1,000 sq ft SBUA flat that was sold for Rs 4,000 per sq ft became an 800 sq ft carpet area flat priced at Rs 5,000 per sq ft. “The buyer pays the same amount for the same-sized flat, but the latter is more transparent,” stated a developer. Credai has urged the government to maintain the existing norms until a decision is made.
