Know the contents of Declaration of building and deed of apartment (Form A contents)

We have discussed before how Form A which is a declaration of deed of apartment and building can be used to the advantage of buyers.
Here, we further dwell upon the detailed contents of Form A.

A Declaration shall be submitted by a promoter in the office of the competent authority in respect of a building constructed after the commencement of UP Apartment Act 2010 in Form A. The declaration shall contain the following at high level:

(a) Description of the land on which the building and improvements are, or are to be located, and whether the land is free hold or lease hold;

(b) Description of the building stating the number of storeys and basements, the number of apartments and principal materials of which it is or is to be constructed;

(c) The number of each apartment and a statement of its location, its area, number of rooms and the immediate common area to which it has access and any other data necessary for its proper identification;

(d) Description of the common areas and facilities;

(e) Description of the common areas and facilities if any, stating to which apartments, their use is reserved;

(f) Value of the property and of each apartment, and the percentage of undivided interest in the common areas and the facilities appertaining to each apartment and its owner for all purposes, including voting (generally provided at completion);

(g) Particulars of encumbrances, if any, on the property of apartment and its undivided interest at the date of the declaration;

Also, particulars of Number of Parkings-Open and Covered, Area of club, Area of commercial set up and Number of shops, Park/garden area, Play court area, Number of lights, Water connection type, Facilities in basement etc., Fire fighting arrangements, Building structure plan, Flat specification are all covered as part of this form/declaration.

A template of Form A where in the above declarations are to be duly signed and submitted to authority by promoter/builder is given here (please refer page # 5 to 18) in embedded document for reference.

Declarations under UP Apartment Act

The builder may ask its buyers/owners to fill Form B (last page). However, for buyers, filling out the same without seeing Form A does not make sense and hence shall be avoided.
Also, buyers shall ensure that Form B’s content is exactly same as given on last page without any modification.

Comments/Feedback invited.

Last updated: May 11, 2015 at 22:39 pm

Leave a Reply

Your email address will not be published. Required fields are marked *

Follow Me

3 thoughts on “Know the contents of Declaration of building and deed of apartment (Form A contents)

  • December 11, 2016 at 2:23 pm
    Permalink

    A bunglow construction started in May,20015 by builder with meterial @ 1500/- per square feet at Nashik in Maharastra and completed yet but maximum material of building hidden by builder in contract aggreement on plane paper without any stamp only signature and some of area of bunglow utilised by low quility material . Some of items charged extra and some of items charged difference.
    Please advice as per extant rule

    Reply
  • May 12, 2015 at 8:06 am
    Permalink

    An agreement (builders buyers agreement-bba) gets executed between seller and buyer.normally this bba is drafted by the builders making most of the condition in their favour. For example for delay in project execution,they will compensate @ RS 5/-PER sft (which is almost nothing) where as any delay on part of buyer,interest would be charged 18-24%. More over payment conditions are such laid that they get almost 90% of the total amount of the flat(total cost includes all service charges +clubmembership,interest free maintenance which are no where in existance at thetime of construction). Builder is not ready to alter any claues and therefore buyer has no alternate to accept this.
    I would request you to please provide your valuable guidence under the circumastance
    Regards

    Reply
    • May 12, 2015 at 11:27 am
      Permalink

      There is no remedy as of now at the stage of signing BBA.
      Cabinet approved Real estate Regulatory bill (now to go to select committee) didn’t have even a model BBA with it.
      A model BBA, if made in favor of buyers after revisiting the bill, can help our cause.
      Otherwise as of now, only option is a mass movement by buyers to ignore builder community coming up with such one sided BBAs so that builders are forced to make changes.

      Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

Follow Me

Copyright © 2020 go4reviews.in. All Rights Reserved.  Fantastic Plugin

%d bloggers like this: