Delhi Apartment Ownership Act, 1986
No: 58 Dated: Dec, 23 1986
The Delhi Apartment ownership Act, 1986
Act No. 58 Of 1986
An Act to provide for the ownership of an individual apartment in a multistoreyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable and for matters connected therewith or incidental thereto.
Whereas with a view to securing that the ownership and control of the material resources of the community are so distributed as to subserve the common good, it is expedient to provide for the ownership of an individual apartment in multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and interest heritable and transferable and to provide for matters connected therewith or incidental thereto;
Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows: -
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Delhi Apartment Ownership Act, 1986.
(2) It extends to the whole of the Union territory of Delhi.
(3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint.
2. Application. - The provision of this Act shall apply to every apartment in a multistoreyed building which was constructed mainly for residential or commercial or such other purposes as may be prescribed, by-
(a) Any group housing co-operative society, or
(b) Any other person or authority,
before or after the commencement of this Act and on a free-hold land, or a lease hold land, if the lease for such land is for a period of thirty years or more:
Provided that, where a building constructed, whether before or after the commencement of this Act, on and land contains only two or three apartments, the owner of such building may, by a declaration duly executed and registered under the provisions of the Registration Act, 1908 (16 of 1908), indicate his intention to make the provisions of this Act applicable to such building, and on such declaration being made, such owner shall execute and register a Deed of Apartment in accordance with the provisions of this Act, as if such owner were the promoter in relation to such building.
3. Definitions. - In this Act, unless the context otherwise requires, -
(a) "Administrator" mean the Administrator of the Union territory of Delhi appointed by the President under Article 239 of the Constitution.
(b) "Allottee", in relation ton an apartment, means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter,
(c) "Apartment" means a part of any property, intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or any part or parts thereof, in a multi-storeyed building to be used for residence or office or for the practice of any profession, or for the carrying on of any occupation, trade or business or for such other type of independent use as may be prescribed, and with a direct exit to a public street, road or highway, and includes any garage or room (whether or not adjacent to the multi-storeyed building in which such apartment is located) provided by the promoter for use by the owner of such apartment for parking any vehicle or, a the case may be, for the residence of any domestic aide employed in such apartment.
(d) "Apartment number" means the number, letter or combination thereof, designating an apartment.
(e) "Apartment owner" means the person or persons owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed of Apartment.
(f) "Association of Apartment Owners": -
(i) in relation to a multi-storeyed building not falling within sub clause;
(ii), means all the owners of the apartments therein,
(iii) in the case of the multi-storeyed buildings in any area, designated as a block, pocket or otherwise, means all the owners of the apartments in such blocks, pocket or other designated area, acting as a group in accordance with the bye-laws,
(g) "Authority" includes any authority constituted or established by or under any law for the time being in force.
(h) "Board" mean the Board of Management of an Association of Apartment Owners elected by its members under the bye-laws.
(i) "Bye-laws" means the bye-laws made under this Act,
(j) "Common areas and facilities", in relation to a multi-storeyed building, means-
(i) the land on which such building is located and all easements, rights and appurtenances belonging to the land and the building,
(ii) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire- escapes and entrances and exits of the building,
(iii) The basements, cellars, yards, gardens, parking areas, shopping centres, schools and storage spaces.
(iv) The premises for the lodging of janitors or persons employed for the management of the property.
(v) Installations of central services, such as, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, incinerating and sewerage,
(vi) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus an installations existing for common use,
(vii) Such other community and commercial facilities as may be prescribed, and
(viii) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use,
(k) "Commons expenses" means-
(i) All sums lawfully assessed against the apartment owners by the Association of Apartment Owners for meeting the expenses of administration, maintenance repair or replacement of the common areas and facilities.
(ii) Expenses declared as common expenses by the provisions of this Act or by the bye-laws, or agreed upon by the Association of Apartment Owners,
(l) "Common profits" means the balance of all income, rents profits and revenues from the common areas and facilities remaining after the deduction of the common expenses,
(m) "Competent authority" means-
(i) A Secretary in the Delhi Administration, or
(ii) The Vice-Chairman of the Delhi Development Authority, or
(iii) The Land and Development Officer of the Central Government, who may be authorised by the Administrator, by notification in the Official Gazette, to perform the functions of the competent authority under this Act.
(n) "Deed of Apartment" means the Deed of Apartment referred to in Section 13
(o) "Delhi" means the Union territory of Delhi
(p) "Joint family" means a Hindu undivided family, and in the case of other persons, a group or unit, the members of which are by custom, joint in possession or residence,
(q) "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,
(r) "Manager" means the Manager of an Association of Apartment Owners appointed under the bye-laws.
(s) "Multi-storeyed building" means a building constructed on any land, containing four or more apartments, or two or more buildings in nay area designated as a block, pocket or otherwise, each containing two or more apartments, with a total of four or more apartments in all such buildings, and includes a building containing two or three apartments in respect of which a declaration has been made under the proviso to Section 2,
(t) "Owner", in relation to an apartment, includes, for the purposes of this Act, a 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,
(u) "Person" includes a firm and a joint family, and also includes a group housing co-operative society.
(v) "Prescribed" means prescribed by rules made under this Act,
(w) "Promoter" means the authority, person or co-operative society, as the case may be, by which, or by whom, any multi-storeyed building has been constructed.
(x) "Property" means the land, the multi-storeyed building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith.