Apartment Act, 2010
No: 16 Dated: Mar, 19 2010
Apartment Act, 2010
-: PRELIMINARY :-
1. (1) This Act may be called the Uttar Pradesh Apartment (Promotion of Construction, Ownership, and Maintenance) Act, 2010.
(2) It extends to the whole of State of Uttar Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
(2) It extends to the whole of State of Uttar Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. The provisions of this Act shall apply to and buildings having four or more apartments in any building constructed or converted into apartment and land attached to the apartment, whether freehold or held on lease excluding shopping malls, multiplexes and commercial complexes which are maintained as single unit by the promoter or the maintenance agency;
3. In this Act, unless the context otherwise requires,—
(a) "allottee" in relation to an apartment, means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter;
(b) ‘apartment’ means 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, multiplexes and commercial complexes which are maintained as single unit by the promoter or the maintenance agency) 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 Parking space, or room (whether or not adjacent to the building in which such apartment is located) 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;
(c) "apartment number" means the number, letter or combination thereof, designating an apartment;
(d) "apartment owner" means the person or persons owning an apartment or the promoter or his nominee in case of unsold apartments and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed of Apartment and includes the lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more;
(c) "apartment number" means the number, letter or combination thereof, designating an apartment;
(d) "apartment owner" means the person or persons owning an apartment or the promoter or his nominee in case of unsold apartments and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed of Apartment and includes the lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more;
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