How the Saleable Area of an Apartment is Calculated
A buyer of an apartment should understand the meanings of these terms: Carpet Area, Plinth Area, and Super Built-Up Area. There may not be any difficulty in understanding the meanings of Carpet Area and Plinth Area. But it is the concept of Super Built-up area that is causing heartburn and misunderstandings.
Carpet Area
Carpet area is the area within the walls of your home. In simple terms, if you have to lay out a wall-to-wall carpet in the entire home, the area covered would be the carpet area. This, of course, includes the Balconies and Sit-outs. In other words, it is the area within the main door of the flat.
Plinth Area
The built-up area or Plinth area is Carpet Area plus the area the walls occupy in your home.
Super Built-up Area
The super built-up area takes into account the common areas. Examples are apartment’s proportionate share of the lobby, staircase, elevator and the corridor outside the apartment. When it comes to the super built-up area, there is confusion about what all can be included in it. Some builders may even include the terrace, security room, electrical room and pump room. Promoters arrive at Super Builtup area by adding the proportionate share of the Common Areas. Buyers pay for the Super Built-up Area. So, it is necessary to clear even before paying the advance the bifurcations for the Super Built-up area. Enquire with other Sellers. You can calculate the percentage that is added to the Carpet Area as Super Built-up Area. There is no hard and fast rule about how much and what are the areas the builder can charge their customers. It all depends upon the market forces, in the last count. Make enquiries with other builders in the area to get an idea about the practices prevailing in that area. Request for Area Statement. Before entering into an agreement, ask for a detailed Area Statement from the builder which will show the break-up.
The Real Estate Regulation Act The Real Estate Regulation Act is recently passed by Parliament. It proposes to put an end to this practice. It makes it compulsory for the builders to charge only for the Carpet Area and not for the ambiguous Super Built-up Area.
In Tamil Nadu, the implementation of the Tamil Nadu Combined Development and Building Rules, 2019 has consolidated various rules that were previously enforced by different authorities. These new rules are applicable throughout the state, except in cantonment areas.
Under the new rules, the development regulations have introduced a set of updated planning parameters for both residential and commercial buildings, taking into account the height of the structure. These planning parameters include factors such as minimum road width, floor space index (FSI), and setback spaces. However, it’s important to note that the regulations for buildings with a height of up to 18.30 meters differ from those for buildings exceeding this height.
In this article, we will focus on one crucial planning parameter: setback spaces for buildings with a height of up to 18.30 meters.
“Setback spaces,” as defined in the Tamil Nadu Combined Development and Building Rules (TNCDBR), 2019, refer to the open areas located at the front, sides, or rear of a plot. These spaces exist between the building and the street alignment or the boundary of the plot, depending on the specific situation. The dimensions of setback spaces are determined by factors such as the height of the proposed building, the width of the plot, and the width of the abutting road.
Why Setback Spaces?
Setback spaces are an essential aspect of urban planning and building design, playing a crucial role in ensuring the safety, functionality, and aesthetic appeal of built environments. Here are the primary reasons why setback spaces are important:
Safety
Setbacks ensure that buildings are set back from roads, walkways, or neighboring properties to maintain a safe distance. This helps prevent accidents, provides space for emergency access, and promotes a safe environment for pedestrians and vehicles. . In times of emergency, the open space around the building will aid the movement of fire tenders. Also, Set Back Space may prevent a fire from spreading to neighbouring buildings.
Ventilation and Lighting
Setbacks allow for adequate airflow and natural lighting around buildings. They prevent overcrowding and allow sunlight to reach the surrounding areas, improving ventilation and reducing the risk of dampness. Neighbours will also continue to enjoy light, ventilation.
Aesthetics
Setbacks play a role in maintaining a harmonious streetscape and preserving the overall visual appeal of an area. They help create a sense of openness, prevent a continuous wall of buildings, and provide green spaces or landscaping between structures.
Privacy
Setbacks help maintain privacy for adjacent properties by ensuring a suitable distance between buildings. They prevent buildings from encroaching on neighboring properties and maintain a sense of privacy for residents.
Functional Infrastructure
Utility Placement: Setback spaces are often used for the installation and maintenance of utilities such as water supply lines, sewage systems, and electrical cables. This accessibility ensures that essential services can be maintained and upgraded without disrupting the main building.
Drainage and Flood Prevention: Proper setbacks help manage rainwater runoff and reduce the risk of flooding. By providing space for drainage systems, setbacks contribute to better water management and environmental sustainability.
Importance of Setback Spaces
Though a Floor Space Index (FSI) of 2 is allowed for Non High Rise Buildings, it can be achieved only after providing for SetBack Spaces.
Therefore, the applicant for building plan approval should always adhere to the norms for setback spaces as approved in the plan.
Norms for Setback Spaces
Non-high-rise and High-rise buildings
The new guidelines are introduced for setback spaces in the approval of building plans. These norms vary depending on whether the buildings are classified as non-high-rise or high-rise.
For non-high-rise buildings, there are two sets of guidelines. The first set applies to buildings with up to 16 dwelling units or up to 300 square metres of commercial space, while the second set applies to buildings exceeding 16 dwelling units or 300 square metres of commercial space. The specific details for each category are provided below.
1.Setback Spaces for Non-High Rise Buildings Not Exceeding 18.30 Meters Height, with up to 16 Dwelling Units or up to 300 Square Metres of Commercial Space:
Front Setback
Abutting Road Width
Front SetBack
Upto 9.0 Metres
1.5 Metres
More than 9 Metres Upto 18 Metres
3.0 Metres
More than 18 Metres Upto 30.5 Metres
4.5 Metres
Above 30.5 Metres
6.0 Metres
Side Setback
Height of the Building
Plot Width
Side Setback
Upto 7 Metres
Up to 9 Metres
1 Meter on One Side
Above 9 Metres
1 Metre on Either Side or 2 Metres on One Side(Originally 1 Meter on Either Side,
More than 7 metres, Upto 12 Metres
Up tp 6 Metres
1 Metre on One Side
Above 6 Metres Upto 9 Metres
1.5 Metre on One Side
Above 9 Metres
1.5 Metre on Either side or 3 Metres on One Side
Rear Setback
Height of the Building
Rear SetBack
Up to 7 Metres
Nil
More than 7 Metres Upto 12 Metres
1.5 Metres
2) Set Back Spaces for Non-High Rise Buildings below 18.30 metres height but exceeding 16 dwelling Units or exceeding 300 square metres of commercial building:
Front Set Back
Abutting Road Width
Front SetBack
From 9 Meters upto 18 metres
3.0 Meters
More than 18 Metres upto 30.5 metres
4.5 Meters
More than 30.5 Metres
6.0 Metres
Side SetBack/Rear SetBack
Height of the Building
Rear SetBack/Side SetBack
Upto 7 Metres
1.0 Metre
More than 7 Metres Upto 12 Metres
1.5 Metres
More than 12 Metres Upto 16 Metres
2.5 Metres
More than 16 Metres Upto 18.30 Metres
3.0 Metres
Structures Allowed in Setback Spaces for Non-High Rise Buildings:
Sun-shades not exceeding 0.6m.
Motor rooms of an area not exceeding 2 sq. m. each and a height not exceeding 1.8m, without affecting parking and driveway requirements.
In the case of Non-High-Rise Buildings with a height of up to 9.0m, open single-flight or spiral staircase or open double-flight staircase so long as such structure does not fall within 0.50 m from the side boundary or 1 m from the rear or front boundary of the site or street alignment.
A compound wall of a height not exceeding 2.0m
Watchman booth not exceeding 2.5m.x 2.5m x 2.5m in size at each gate and a height not exceeding 3m.
Gate pillars without or with arches with a min. headroom clearance of 5.50m are available at least to a width of 3.5m.
Meter rooms for meter boxes or electrical panels along the boundary wall or external walls of the building with the projections not exceeding 0.60 meters from the abutting walls and the open transformer without affecting parking and drive way, subject to the safety measures stipulated by the Tamil Nadu Electricity Board
Conclusion
Setback spaces are a vital element in urban planning, contributing to the safety, health, and well-being of residents. They ensure that buildings are constructed in a manner that supports emergency access, ventilation, natural light, privacy, aesthetic appeal, and functional infrastructure. By adhering to setback regulations, developers and homeowners can create more livable, sustainable, and visually pleasing environments.
By adhering to the setback space norms outlined in the TNCDBR, we can ensure compliance with regulations and contribute to the creation of safe and well-planned communities.
The IMPORTANCE AND LIMITATIONS OF ENCUMBRANCE CERTIFICATE
Encumbrance Certificate (EC) is a document issued by the Registration Department. It’s an important one in investigating the Flow of Title and in determining the status of the Title of the property
The procedure to get an EC for a particular property is simple. An application shall be made in the prescribed simple form at the concerned Sub-Registrar’s Office. This form can be had from the document writers outside the SROs. It can be downloaded from the Government Website, REGINET also
The Application shall mention the Village name where the property is situated, the Survey number of the property, the Schedule of the property, the period for which the EC is sought etc. Property Schedule includes the extent of the property and the details of the other properties on the four sides.
Fee
The application is to be accompanied with the prescribed fee. The fee depends upon the number of years for which you seek the search.
Following are the Fees for applying EC:
E.C. Application fee: Re. 1/- Search Fee for the I year: Rs. 15/- Search fee for every additional year: Rs. 5/- Additional Fees for Computerized period, ie, from 1987: Rs. 100/-
EC for the period prior to computerization, i.e., prior to the year 1987
The Computerization has been done in Chennai Zone from 1.1.1987. According to Govt sources the work is going on for extending the period upto 1975. Now, if you need EC for the period before 1987, the search has to be done Manually and the fee may be the same but the time taken will be more. If one wants to apply for urgent ECs the charges are double what has been mentioned above.
The details necessary for applying for an EC, like Survey number, Village name, SRO name, Schedule of Property etc., will be available in the copy of Sale Deed of the property for which one is seeking the EC. Or you can get these details from the old EC for the same property.
The Officials at SROs, shall search the records for the period for which EC is sought and issue the certificate.
EC Gives the Record of All Registered Transactions During the Search Period
The EC shall contain all the transaction that has taken place or rather registered in the SRO during the period of search, be it a Sale, Lease, Mortgage, Gift, Partition, Release, etc.
If no transactions took place during the search period, a ‘NIL’ EC will be issued.
Limitations of EC
The EC shall show only transactions that took place during for which the search has been requested. This means any transaction that has taken place prior to this period won’t reflect in the EC. For e.g. if the search is for a period of 13 years and the property was purchased prior to this, then that transaction won’t find a place.
Also, any litigation in a court of law, Oral Agreements/Arrangements, Unregistered documents, acquisition proceedings, etc., will not find a place in the EC.
Dues payable like Tax arrears are also won’t find a place in the EC.
Undertake Field Inquiry before Buying
This means, that though the EC will give you the correct picture of the Title of the Documents as available in the records of the Registrar’s Office, there still may issue that may eventually affect the transaction as mentioned above. Therefore the buyer must undertake field inquiry about the property before committing. Disputes/ misunderstandings among the Legal Heirs or with any other person for which litigation is going on in courts at different level will come to light during field inquiry/background check only.
EC at best, shows the legal dues, if any, that may have to be paid like a registered mortgage, and the number of transactions that has taken place during the period of search.