As of now majority of housing in urban India is being built in the form of multi storied Apartments or Flats. This type of housing typology needs well defined laws to deal with the Construction, Ownership and Maintenance. Uttar Pradesh being the most populous State in India, has enormous stock of such type of houses, many are in the construction phase; and many more will be built in future. Thus, the public at large need to be made aware about the legal backing available for such type of construction. This power point presentation deals with the crucial aspects of the 2010 Act in a highly concise manner.

1. Prof. Subodh Shankar
Professor Emeritus,
Integral University, Lucknow (India)

2.  To provide ownership of an individual apartment in a building.
 To provide ownership of undivided interest in the common areas and
facilities (Common Areas) appurtenant to such apartment
 To make such apartment and interest heritable and transferable.
 To deal with matters connected therewith or incidental thereto.

3. The Provisions of this Act apply to all buildings having four or more
‘Apartments’ in any ‘Building’ constructed or converted into
apartments and land attached to the Apartment, whether freehold or
held on lease excluding shopping malls and multiplexes.

4.  Apartment
 Apartment Owner
 Competent Authorities
 Independent Areas
 Common Areas & Facilities
 Limited Common Areas & Building Facilities
 Promoter
 Deed of Apartment

5. A part of any property, intended for any type of independent use,
including enclosed spaces located on one or more floors or any part
or parts thereof, in a building to be used for residential or official
purposes or for the purpose of practicing any - profession, or for
carrying on any occupation, trade or business (excluding shopping
malls and multiplexes) or for such other use as may be prescribed,
and with a direct exit to a public street, road or to a common area
leading to such street, road and includes any garage or provided by
the promoter for use by the owner of such apartment for parking or,
as the case may be, for the residence of any domestic aide
employed in such apartment

6. A person or persons ,company/ firm/ society owning an apartment or
promoter or his nominee in case of unsold apartment.
Also includes Tenants and lessee of the land on which the building
containing such apartment has been constructed

7. All the owners of the apartments therein, acting as a
group in accordance with the byelaws

8.  Land on which the building is located
 Foundations, columns, girders, beams, supports, main walls, roofs, halls,
corridors, lobbies, stairs, stairways, fire-escapes and entrances and exits of the
building
 Basements, cellars, yards, parks, gardens, community centres and parking
areas of common use
 Installations such as, water, power, light, gas, air conditioning, sewerage;
elevators, tanks, pumps, RWH system, ducts etc.
 such other community and commercial facilities as may be specified in the bye-
laws
 all other parts of the property necessary or convenient to its existence,
maintenance and safety, or normally in common use

9.  Limited Common Areas and Facilities means those common areas
and facilities which are designated in writing by the promoter before
the allotment, sale or other transfer of any apartment as reserved for
use of certain apartment or apartments to the exclusion of the other
apartments
 Independent Areas means the areas which have been declared but
not included as common areas for joint use of apartments and may
be sold by the promoter without the interference of other apartment
owners

10. Promoter means a person, company, firm, Association or
cooperative society, as the case may be, by which, or by whom the
building has been constructed
Competent Authority means any person or authority authorised by
the government by notification to perform the functions of the
competent authority under this Act for such areas as may be
specified in the notification;

11.  Disclosure of Information
 Rights & title to land & building
 Plans & specifications
 Common areas & facilities
 Fixtures fittings & amenities
 Designs, material, structural & architectural drawings, layout plans.
 Outgoings – rent, municipal / local taxes etc.
 Time period for completion of the Project.
 Penalty for delay in completion.
 Penalty for non payment by purchaser.
 Conditions for cancellation / withdrawal of apartment.
 Compensation for violation of any condition.
 Encumbrances / third party rights
 Such other information as prescribed.

12.  Exclusive Ownership and possession.
 Ownership of undivided interest in the common areas & facilities
as specified in Deed of Apartment.
 Percentage of undivided interest in common areas & facilities
cannot be altered without prior consent of Owner.
 Undivided interest cannot be separated from the apartment and
is deemed to be conveyed.
 Right to use common areas & facilities without hindrance /
obstruction upon rights of other owners.

13.  Strict compliance with bye-laws and covenants, conditions and restrictions
in Deed of Apartment.
 Not to do any work which may be prejudicial to safety of property or reduce
value or impair any easement or heriditament or excavate any additional
basement etc.
 The transferee shall be jointly & severally liable for unpaid common
expenses proportionate to his share.
 No division / partition of common areas & facilities
 Filing of Undertaking by transferees within 30 days
 Work of maintenance, repair & modification or relocation of common areas
& facilities as per Act and bye laws

14. Objective- For the administration of the affairs in relation to the
apartments and the property appertaining thereto and for
management of common areas & facilities.
 Joint responsibility-Promoter/Owners to form the Association
 Registration – On Handover of 33%= + Apartments
 Obligation of Owner to become a member of the Association
 Deemed transfer of Common Areas from Promoter to the
association

15.  to provide for maintenance, repair and replacement of common areas
 Collection from apartment owners share of common expenses.
 to retain and rent out on license suitable portions of the common areas to
outsiders for commercial purposes
 to advance, any short-term loan to any apartment owner(s) in case of any
emergent
 to establish and carry on, educational, physical, social and recreative
activities for the benefit of the apartment owners
 to do all things necessary for their welfare of the Owners

16.  The affairs of the Association shall be governed by a Board.
 The Board of Management shall comprise of 4 -10 persons to be
constituted and elected by the members by simple majority in the
GBM
 The principal office bearer of the Association shall be a President
(CEO), a Vice-President, a Secretary and a Treasurer
 The Board may appoint an Assistant Secretary and an Assistant
Treasurer and such other Office bearer as the Board may consider

17. OFFENCE
 Sale / Transfer of land appurtenant to building which was originally
shown as Common Areas & Facilities
 Illegal Construction of building contrary to approved plan beyond
compoundable limits
PENALTY
 Imprisonment - term not less than 3 yrs which may extend to 6 yrs
 OR Fine - not less than INR 3 Lakh which may extend to INR 5 Lakh;
 OR with both

18. OFFENCE
 Contravention of Rights and Duties of the Owners
 Contravention of any bye laws made under the provisions of this
Act.
PENALTY
 Fine- not less than INR 10 Thousand which may extend to INR 50
Thousand.
 Additional Fine – For continuing contravention which may extend to
INR 1 Thousand per day.

19. Thanks