My flat is situated on the first floor. The builder has given us 700 sq.ft. UDS for the ground floor flat (of 1350 sq.ft.) and only 475 sq.ft. UDS for my flat on the first floor. He is now building a room on the terrace (which is not part of the original plan of the building). How can I reclaim my UDS share?
In another case, the builder has given 27 per cent UDS for one flat and 36 per cent UDS for the same sized flat (to two different customers) and a smaller flat has a proportion of 49 per cent UDS. What can the aggrieved flat owner do?
Chennai
In any project, the undivided share of land (UDS) should conform to the FSI permitted in the building plan. Normal FSI is 1.5 and hence, in most cases, 1.5 times the land should be the flat area. Since there was no rule to implement/enforce this principle, there have been many cases where the UDS and built up area do not match. The disparity in UDS will not affect the enjoyment of the flat at present but when the property is redeveloped, the benefits will be based on land ownership pattern.
If the previous owner is left with any UDS, it may be possible to apportion the same according to the ratio of built up area. Otherwise, all the present owners should co-operate and realign the UDS which will be practically very difficult.
The builder cannot construct additionally on the terrace unless the same is approved under a revised plan.
