Uttar Pradesh Apartment Rules 2011
Uttar Pradesh Apartment Rules 2011
Uttar Pradesh Apartment Rules 2011
Page
Particulars
No.
1.
2.
3.
No.
The Uttar Pradesh Apartment (Promotion
Ownership and Maintenance) Rules, 2011
of
Construction,
Rule 1
Rule 2
Definitions
Rule 3
Form of Declaration
Rule 4
Amendment of Declaration
Rule 5
Rule 6
Undertaking to
apartment.
be
filed
by
the
person acquiring
4
5-18
19
2
UTTAR PRADESH SHASHAN
AWAS EVAM SAHARI NIYOJAN ANUBHAG-1
In pursuance of the provisions of clause (3) of article 348 of the
Constitution of India, the Governor is pleased to order the publication of the
following
English
translation
of
Notification
no.
3975/8-1-11115D.A./02T.C.-I dated 16 November, 2011
NOTIFICATION
No. 3975/8-1-11-115D.A./02T.C.-I
Lucknow : Dated
16 November, 2011
1.
Definitions
2.
(b)
(c)
(d)
of
(sub section-1 of
section 12)
3.
3
construction prior to the commencement of these rules,
the declaration shall be submitted within 90 days from
the date of such commencement.
Amendment of
Declaration
(sub section-2 of
section 12)
4.
(b)
(c)
4
Grant
of
permission for
prosecution
(sub section-4 of
section 25)
5.
Undertaking to
be filed by the
person
acquiring
apartment.
(section 10)
6.
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FORM A
(See Rule 3)
FORM OF DECLARATION
Date:
Place:
Promoter Details:
1.
2.
3.
4.
5.
Name:
Registered Address:
Local/ Postal Address:
Date of Incorporation (if applicable):
Name/designation of Authorised Signatory:
The Declarant hereby solemnly states the following:
FIRST: The Promoter owns /holds the land as lessee which is fully described
and detailed in Annexure A to this declaration.
SECOND: The Promoter has constructed on the parcel of land, described in
Annexure A to this declaration, an Apartment Building/Group Housing
scheme, detailed below:
Sl.
No.
Description
Particulars
(1)
(2)
(3)
1.
2.
Sanctioning
plan
3.
Date of sanction
4.
5.
6.
7.
Authority
of
the
6
8.
9.
10.
No. of Floors
7
Sl.
No.
Item
Details
1.
2.
Limited
common
areas
& As per Annexure E
facilities [as defined in S. 3(s) of
the Act]
3.
SIXTH: (a) that the right, title and interest of each apartment owner and his
proportionate share in the profits and common expenses for the common
areas and facilities, as well as the proportionate representation for voting
purpose in the meeting of the Association of Apartment Owners of the
. Condominium is based on the proportionate value of
each apartment to the total value of all apartments.
SEVENTH: That the Administration of Condominium
consisting as aforesaid of the building and parcel of land described above
shall be in accordance with the provisions of this Deed and with the
provisions of the bye-laws of the association of the apartment owners. The
promoter shall be responsible for full quality control of materials and
workmanship at site. The specifications of construction detailed in
Schedule-A hereto .
EIGHTH: That for the purpose of stamp duty and registration fees payable
on the deed of apartments under S. 13 of the Act, the value of the
(a)
(b)
NINTH: that the common areas and facilities as well as the limited
common areas and facilities shall remain undivided and no apartment owner
shall bring any action for their partition or division thereof.
8
TENTH: that the percentage of the undivided interest in the common areas
and facilities as well as the limited common areas and facilities
established herein shall not be changed except with the unanimous consent
of all the apartment owners and approval of Competent Authority expressed
in amendment to this deed.
ELEVENTH: that the undivided interest in the common areas and facilities
as well as the limited common areas and facilities shall not be separated
from the apartment to which they pertain and shall be deemed conveyed or
encumbered with the unit even though such interest is not expressly
mentioned or described in the conveyance or other instrument;
TWELTH: that neither the dedication of the property to the plan of
apartment ownership herein shall not be revoked, nor the property removed
from plan of apartment ownership, or any of the provisions herein amended
unless all the apartment owners and the mortgagees of all the mortgages
covering the units unanimously agree to such revocation, or amendment or
removal of the property from the plan by only registered instruments;
THIRTEENTH: that if the property, subject to the plan of Apartment
Ownership is totally or substantially damaged or destroyed, the repair,
reconstruction, or disposition of the property shall be as provided by the Act;
FOURTEENTH: that where an apartment is sold pursuant to the recovery of
the mortgage money, then neither the mortgagee nor the purchaser who
derives title to be apartment at such sale or his successors or assigns shall
be liable for assessments by the association which became due prior to the
acquisition of the title by such acquirer but the association of apartment
owners would be entitled to recover the amount subsequent to the date of
acquisition of title by such acquirer.
FIFTEENTH: that the independent areas, declared herein in the Annexure
F are not included as common areas for the joint use of the apartment and
the promoter would be at liberty to sell them or to construct thereupon
without interference of other apartment owners in view of the provisions of
S. 3(p) of the Act.
SIXTEENTH: The promoter shall maintain the common areas and facilities
till the association is formed and shall be entitled to collect the maintenance
charges @______per month from the owners of each apartment.
9
IN WITNESS WHEREOF, Shri .. for on
and behalf of M/s (the promoter) hereto set
his hand this day of of year
2. ________________________
10
Annexure A
Details of the land of the building to which the present declaration
relates
Sl.
No.
Items
1.
Specify
District
Specify
2.
3.
4.
5.
Specify no.
Specify
Specify area
Specify
Vol. No.
Specify
Page Nos.
Specify
Sl. No.
Specify
Date of Regn.
Specify
North
Specify
South
Specify
East
Specify
West
Specify
5.
Specify
6.
Specify
Place:
Signature of declarant
with designation and seal
Date:
11
Annexure-B
(Details of Apartments)
Name of condominium:
Value of condominium :
Sl. No.
Floor
(1)
1.
(2)
Ground
Floor
2.
First Floor
3.
Onward
Floors
Identifiable
No. of the
Apartment
(3)
001
002
003
Onwards
101
102
103
Onwards
201
202
203
Onwards
No. of
Rooms
Covered
area
(in sq.
mtrs.)
(4)
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Percentage of
undivided
share in land on
the basis of
covered area of
the apartment
(5)
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Proportionate
representation for
voting purpose in
the meeting of
the association of
apartment owners
(6)
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Approved
use
Residential/
Commercial
(7)
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Specify
Note: The percentage of undivided share in the land is calculated on the basis of the covered area of the
apartment in relation to the total covered area of the apartments, being the aggregate of Column No. 4.
Place:
Date:
Value of
the
Apartme
nt
12
Annexure-C
Details of covered area of apartments and total covered area of
common areas and
facilities /limited common areas and facilities
Sl.
No.
(1)
(a)
(b1)
(b2)
(c)
Place:
Particulars
(2)
(3)
(4)
(5)
(6)
Specify
Specify
Specify
Specify
i.e. (a)
i.e. (b-1)
i.e. (b-2)
i.e. (c)
Signature of declarant
with designation and seal
Date:
13
Annexure D
Details of the common area and facilities of the building to
which the present declaration relates
Sl.
No.
(a)
(b)
Basement (if any) (as shown . sq. mtr. & its floor
in
Exhibit
'A'
attached
hereto)
(c)
(d)
(e)
(f)
(i)
Garden lawns
(ii)
(iii)
Swimming Pool
(iv)
Tennis Court
(v)
Badminton Court
(vi)
Commercial
facilities
(vi)
(viii)
areas
14
(i)
Elevator
(ii)
Area of shaft(s)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
Plumbering network
throughout the building
(x)
(xi)
Necessary light(s)
(xii)
Telephone(s)
(xiii)
Public
connection(s)
water
15
(xiv)
(xv)
Tank(s)
(xvi)
Pump(s)
(xvii)
Motor(s)
(xviii) Fans
(ixx)
Fire
equipment(s)
(xX)
Compressor(s)
(xxi)
Duct(s)
(xxii)
Place:
Signature of declarant
with designation and seal
Date:
Note:Section 3(i) of the Act has defined the term common areas
and facilities and the above common areas and facilities are
illustrative and not exhaustive.
16
Annexure E
Details of the limited common area and facilities of the building to
which the present declaration relates
Place:
Signature of declarant
with designation and seal
Date:
Note:Section 3(s) of the Act has defined the term limited common
areas and facilities means those common areas and facilities which
are designated in writing by the promoter before the allotment, sale or
transfer of any apartment as reserved for the use of certain apartment
or apartments to the exclusion of the other apartments.
17
Annexure F
Details of the independent areas of the building to which
the present declaration relates
Place:
Signature of declarant
with designation and seal
Date:
18
Schedule-A
[Specifications of Construction]
1.
Foundation:
2.
Flooring:
3.
4.
Windows:
5.
Internal Finish:
6.
External Finish:
7.
8.
Electrical:
Place:
Signature of declarant
with designation and seal
Date:
19
FORM B
(See Rule 6)
Undertaking by the person acquiring apartment (Under Section 10
(b) of the Uttar Pradesh Apartment (Promotion of Construction,
Ownership & Maintenance) Act, 2010.
Office of the Competent Authority at.
I______________
S/o________________
R/o______________________
Signature
In presence of
1.
2.