Mandatory disclosures (on request) by builder/promoter as per UP Apartment act

As per UP Apartment act 2010, the promoter/builder is supposed to disclose in writing the following details with the purchaser/buyer on request :

1) Purchaser’s Rights and Title to the land and the building in which the apartments have been or proposed to be constructed;

2) Ownership and allotment/possession/commencement certificate document.
This shall also include history of ownership of property and lease deed;

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3) All encumbrances/obstruction, if any, on such land or building, and any right, title, interest or claim of any person in or, over such land or building;

4) The plans and specifications approved by or submitted for approval to the local authority of the entire building of which such apartment forms part.
This includes certificate of sanction of building plan, dimension plan and building permit;

5) Detail of all common areas and facilities as per the approved lay-out plan or building plan;

6) The nature of fixtures, fittings, and amenities, which have been or proposed to be provided;

7) The details of the design and specifications of works or and standards of the material which have been or are proposed to be used in the construction of the building, together with the details of all structural, architectural drawings, layout plans, no objection certificate from Fire Department, environment, civil aviation, external and internal services plan of electricity, sewage, drainage and water supply system.
This includes but not limited to structural stability certificate, fire fighting arrangements approval certificate, additional fire fire protection certificate (if height more than 15 meters), NOC from water, electricity and environment departments;

8) All outgoings, including ground (lease) rent, municipal or other local taxes, water and electricity charges, revenue assessments, maintenance and other charges, interest on any mortgage or other encumbrance, if any, in respect of such land, building and apartments;

9) Such other information and documents as may be deemed mandatory by authority in future.

Buyers (or buyers association) can seek the above information from the builder at any point. The builder is supposed to oblige failing which purchaser/buyer may appeal in district court with jurisdiction powers.

Comments/Feedback invited.

Last updated: April 28, 2015 at 15:12 pm

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