Can a Builder Charge Me for Extra Area?
Short answer: Only within tight limits. If the final carpet area of your flat is up to 3% more than what was in your agreement, the builder can charge proportionally for the extra — but for a bigger increase, or any change to the layout itself, the builder needs your written consent and generally cannot force the charge on you.
What you need to know
- A common state-rules provision (mirrored in the model Agreement for Sale) allows charging for carpet-area variation up to about 3%, at the same per-sq.ft rate you already agreed
- Beyond that tolerance, or for any structural/layout change, s.14's two-thirds consent rule (for common areas) or individual consent (for your own unit) applies
- If the final carpet area is smaller than agreed, the builder must refund you proportionally, with interest
- Always compare the builder's 'as-built' carpet area certificate against the number in your registered Agreement for Sale
Who this applies to: buyers, developers, CAs
Official / primary source: maharera.maharashtra.gov.in (government source)
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Open the CAPGAIN calculatorsRelated questions
Is My Project RERA Registered?What If My Possession Is Delayed?Can I Withdraw and Get a Refund With Interest?What Interest Rate Applies to Delayed Possession in Maharashtra?What Is Carpet Area Under RERA?Do Real Estate Agents Need RERA Registration?
This page summarises CAPGAIN's law library entry rera-faq-builder-charge-extra-area. It is general information for India, not advice on your facts. Where a point says something is not yet confirmed, treat it as open and check the latest notification.