East Bengaluru buyer answers

The flat is smaller than the agreement says. What are my options?

By Gaurav Mongia, acre&key · Published 17 Oct 2026 · Updated 17 Oct 2026

Direct answer: Measure the flat the way RERA defines carpet area and compare it with your agreement for sale and the RERA project page. If it is really smaller, put the gap to the builder in writing before you sign the possession letter. If they won't fix it, complain to Karnataka RERA; compensation claims go to its adjudicating officer.

Disclosure: acre&key’s advice is free to buyers; we are an authorised sales partner for some projects and may be paid by the developer.

Verify with your lawyer: This page is general guidance from the RERA Act, not legal advice. Whether your agreement has a tolerance clause, a price-adjustment clause or a refund formula changes your options, so have your own property lawyer read it before you write to the builder or sign for possession.

A shortfall of a few square feet can come from a measuring mistake. A larger one can come from a changed plan, a thicker wall, or a brochure that quoted one kind of area while the agreement quoted another. Sort out which one you are dealing with before you argue about money.

How do I measure carpet area the RERA way?

Section 2(k) of the RERA Act defines carpet area as the net usable floor area of the apartment. It excludes the area under external walls, service shafts, the exclusive balcony or verandah, and the exclusive open terrace. It includes the area under internal partition walls.

So a fair check looks like this:

1. Measure each room wall to wall, inside the external walls.
2. Add the area under internal partition walls between rooms.
3. Leave out balconies, verandahs and any open terrace that is yours alone. RERA asks for those to be shown separately, not inside carpet area.
4. Leave out shafts and ducts.
5. Add it up and write down how you measured, room by room.

If the number you get is close to the agreement, the gap is probably a measuring difference. If it is clearly lower, get a licensed surveyor or architect to measure again and give you a signed sheet. That sheet carries more weight than a tape and a phone photo.

If you're unsure which area figure you were sold on, our page on carpet area vs super built-up area under RERA explains the difference.

Which number should I compare it with?

Compare your measured carpet area with:

• The agreement for sale. Section 13(2) says the agreement must set out the particulars of development of the project, including the construction of the apartments and their specifications.
• The RERA project page. Section 4(2)(h) requires the promoter to disclose the number, type and carpet area of the apartments for sale, with balcony, verandah and terrace areas listed separately. You can look it up on rera.karnataka.gov.in (here's how to check a project on the Karnataka RERA website).
• The approved plan. Section 19(1) gives you the right to get information on the sanctioned plans and specifications.

If the brochure says one thing and the agreement says another, the agreement is the document your lawyer will start from. A brochure figure still matters, because section 12 makes the promoter liable for loss caused by an incorrect or false statement in an advertisement or prospectus.

Can the builder change the flat's size after I booked?

Not freely. Section 14(1) says the project must be built as per the sanctioned plans and specifications. Section 14(2)(i) says that once the plans are disclosed to you, the promoter can't make additions or alterations to your apartment without your previous consent. The Act allows minor changes needed for architectural or structural reasons, verified by an architect or engineer and told to you. But its Explanation says minor changes exclude structural ones, including any addition to the area or cutting into a wall, partition or column.

If your flat shrank because the plan changed and nobody asked you, that is a question for your lawyer under section 14. Our page on what to check in the builder's sale agreement covers the clauses that usually deal with plan changes.

What can I claim if the area is short?

The RERA Act gives you three routes, depending on the facts:

The Act doesn't set a rupee amount per missing square foot. Your agreement usually does. Karnataka RERA's Proforma Agreement of Sale (clause 1.7) says the promoter confirms the final carpet area after the occupancy certificate and recalculates the total price. If the carpet area is less, the promoter refunds the excess money within sixty days, with annual interest at the rate in the Rules, from the date you paid it. The adjustment is at the same rate per square foot as the agreed price.

Your builder's agreement may word this clause differently, so have your lawyer compare it with the proforma. Anything beyond the refund, such as compensation for a changed plan, depends on what the Authority or adjudicating officer decides.

What should I do before signing the possession letter?

1. Measure during your possession inspection, before you sign anything.
2. Email the builder your measurement sheet and the agreement clause. Ask for their measurement sheet in reply.
3. Don't sign a possession letter that says you accept the flat "as is" or "without any claim" until your lawyer has seen it.
4. If you have to take possession to stop rent or EMIs running, write your objection on the letter or send it the same day by email. Keep the proof.
5. Keep every brochure, cost sheet and floor plan you were given.

Defects you find later are a separate issue. See what to do about defects after possession.

Where do I complain if the builder won't fix it?

Section 31 lets any aggrieved person file a complaint with the Authority or the adjudicating officer for a breach of the Act, rules or regulations. Section 71 says the adjudicating officer decides compensation under sections 12, 14, 18 and 19. So a claim for money usually goes to the adjudicating officer, and a complaint about a breach goes to the Authority. An association of allottees can also file, which helps when several flats in a tower have the same shortfall.

Our step-by-step guide on how to file a complaint with Karnataka RERA covers the process.

Frequently asked questions

Is a small difference in carpet area allowed?

The RERA Act itself doesn't set a tolerance percentage. Karnataka RERA's proforma agreement lets the promoter charge for an increase of up to three percent of the carpet area, and says any reduction is refunded with interest. Read your own agreement's clause with your lawyer.

Are balconies part of carpet area under RERA?

No. Section 2(k) leaves out the exclusive balcony or verandah and the exclusive open terrace. The promoter has to show those areas separately on the RERA project page.

Can I refuse possession if the flat is smaller?

That depends on your agreement and the size of the gap. Section 18 lets you withdraw and get your money back with interest when the promoter fails to give possession as per the agreement. Talk to your lawyer before refusing, because it affects interest and EMI timing.

Who measures the flat if the builder and I disagree?

The Act doesn't name one. A signed measurement by a licensed surveyor or architect, done the RERA way, is good evidence to bring to the builder and, if needed, to RERA.

Does super built-up area matter for a RERA claim?

Your RERA claim starts from carpet area, because that is what the Act defines and what the project page shows. If you were sold on super built-up area, compare the carpet area in your agreement instead.

References

1. Real Estate (Regulation and Development) Act, 2016, sections 2(k), 4(2)(h), 12, 13(2), 14, 18, 19(1), 31 and 71 (K-RERA copy): https://rera.karnataka.gov.in/resources/staticpage/Real_Estate_Act.pdf, accessed 17 Oct 2026
2. Karnataka RERA, Proforma Agreement of Sale (Downloads page), clause 1.7: https://rera.karnataka.gov.in/downloadPage, accessed 17 Oct 2026
3. Karnataka RERA project search: https://rera.karnataka.gov.in/, accessed 17 Oct 2026

This page explains public rules and processes. It isn't legal advice. acre&key gives buyers advice for free. We are an authorised sales partner for some projects and may be paid by the developer.