Q: What is the difference in formula for calculation of Maharashtra Ownership of Flat Act (MOFA) based carpet area and Maharashtra RERA based carpet area with regards to new residential flat in Mumbai?
According to the RERA, carpet area is defined as the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment. A similar provision exists in MOFA with the difference that the percentage prescribed is 20 percent in place of 10 percent in RERA.
Yes, RERA and MOFA Clauses differ from each other. MOFA covers projects that do not require registration and will be outside the reach of RERA. MOFA is a strict act with criminal proceedings and RERA aiming to bring in the discipline in the sector, amendment of both together will bring more trouble to the consumers and developers than gain.