Legal Metrology Dept Drafts Rules to Protect Buyers from Cheating by Builders

Legal Metrology Dept Drafts Rules to Protect Buyers from Cheating by Builders

With the intent to regulate measurements in the real estate sector and protect the interests of real estate buyers, the legal metrology department has drafted Maharashtra Legal Metrology (measurements for immovable properties and land) Rules, 2015. The drafted rules have been sent to centre and Maharashtra government for approval.

The rules were drafted by a panel that included experts from Indian Institute of Architects, JJ College of Architecture, VJTI and engineers from the Mumbai, Thane and Navi Mumbai municipal corporations. It also had representatives from the Maharashtra Chamber of Housing Industry (MCHI).

The Legal Metrology Department (LMD) controller and special inspector-general Sanjay Pande talking about the new rules told a leading newspaper that "It will curb unfair trade practices and provide right delivery of area to consumers in terms of measurement and sale of usable/leased area."

Under the proposed rules, a buyer of a property who has been cheated by a developer in terms of area or dimensions of the property needs to register a complaint with the authorized LMD officer, who will cross-verify the measurements against those mentioned in the contract. If the actual dimensions or area is found not to be in accordance with the contract, the developer will be required to pay compensation and can also be sent to jail in case of repeat offences.

"In every transaction of transfer of property, the actual area of a property sold, delivered or transferred must correspond to the area as mentioned in legal documents. If the purchaser demands physical measurements of area or dimensions of the property concerned, the seller or his representative shall be bound to fulfill such demand,'' Pande added.

 

The new rules will also mandate builders to use measuring instruments certified by LMD for all measurement purposes. In addition, the builders will be required to use units and symbols of measurements prescribed in Legal Metrology (National Standards) Rules 2011. Hence, developers will no longer be allowed to advertise in terms of square feet (imperial scale) and all measurements will have to be in square meters (metric scale).

BrokerGayab.com feels that the new rules are buyer-friendly, and will ensure standardization of measurement in real estate sector, which will reduce the scope of cheating in terms of floor area by builders. We feel that Legal Metrology Department should extend this oversight across all projects in India.

 

What is the correct way to measure carpet area?

The carpet area is measured by its length and breadth from a plastered wall to a plastered wall. All structural projections like columns that are located within measurable area are included in the measurable area calculation. For areas with tiled cladding, such as toilets and bathrooms length and breadth are measured from a tile surface to a tile surface.