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 manner such plot, building or Aet
deposits for such purposes; apartmentor
to
"Agreement for sale" means an
(c) agreement
entered
(d) "Allottee" in relation to a real estate
whom a plot, apartment or building, project
as
v/ allotted, sold (whether as freehold the
transferred by the promoter, and
subsequently acquires the said allotment includes
through
apartment or building, as the case may be,
is given
(e) "Apartment" whether called block, chamber,
office,show room, shop, godown, premises,
by any other name, means a separate and suit,
v/ immovable property, including one or self-contained
more
spaces, located on one or more floors or anyrooms or
partth
building or on a plot of land, used or intendedtobe •
used
residential or commercial use such as residence, for
showroom or godown or for carrying on anybusiness, office

profession or trade, or for any other type of useancillary

purpose specified;
(f) "Appellate Tribunal" means the Real EstateAppellate
established under Section 43;
(g) "Appropriate Government" means in respect of matters relit
to.—
(i) the Union territory without Legislature,
theCd
Government;
(ii) the Union territory of Puducherry, the Union ten

Government;
(iii) the Union territory of Delhi, the CentralMinistry of

Development;
(iv) The State, the State Government.
(h) "Architect" un
means a person registered as an architect
provisions of the
Architects Act, 1972 (10 of 1972);
(i) "Authority"
means the Real Estate Regulatory
established under sub-section (1) of Section 20;
(j)
"Building" includes
or erection any structure or erection or part
or for the which is intended to be used for residential,
or for anypurpose of any business, occupation, profession
(k) other related
"Carpet purposes; a
excludingthe means the net usable floor area of anarc
area"
services area covered by the external walls,
shafts, exclusive areaan
balcony or verandah
 ON AND
DEVELOPMENT)
ACT, 2016
open terrace area, but
includes the area
covered by the
Explanation.—For the purpose of internal
Iconyor verandah area" means the this clause, the expression
may be, which is appurtenantarea of the balcony or "exclusive
to
artment, meant for the exclusive use the net usable floorverandah, as the
area" means the area of open of the area of an
terrace and "exclusive
able floor area of an
apartment, meant for which is open
appurtenant to the net
the exclusive use of the allottee•,
"Chairperson"means the Chairperson
Regulatory Authority appointed of the
under Section21; Real Estate
(m) 'Commencement certificate" means the
or the building permit or the commencement certificate
construction
name called issued by the competent permit,by whatever
the promoter to begin development authority to allow or permit
property, as per the sanctioned plan; works on an immovable
(n) *Common areas" mean. —
(i) the entire land for the real estate project
or
where the project
is developed in phases and registrationunder
sought for this Act is
a phase, the entire land for that phase;
(ii) the stair cases, lifts, staircase and lift lobbies, fire escapes,
and common entrances and exits of buildings;
(iii) the common basements, terraces, parks, play areas, open
parking areas and common storage spaces;
(iv) the premises for the lodging of persons employed for the
management of the property including accommodationfor
watch and ward staffs or for the lodging of community
service personnel;
installaüons of central services such as electricity, gas, water
and sanitation, air-conditioning and incinerating, system for
water conservation and renewable energy;
d1e water tanks, sumps, motors, fans, compressors, ducts
i and all apparatus connected with installations for common

(vii) all ommunity and commercial facilities as provided in the

real Btate project;
(vüi) all portion of the project necessary or convenient for its
maintaunce, safety, etc. and in common use;
(0) means a com any incorporated and registered under
&æCMnpaniesAct, 2013 18 of 2013) and includes.—
(i) a orpratim established by or under any Central Act or
Mate Act;
(i) a &veloprrEnt authority or any public authority established
time
by in this behalf under any law for the
beirg in
 her,

(p) the
or the
under its juri8diction, and hag powerti
developtnent of such inlnmovableproperty;to
(q) ion Cert i the
authority certifying that the real estate
according to the sanctioned plan, layoutprojecthag
plan and

(r) "Day" means the working day, in the concerned

territory, as the case may be, notified state
by the
(s) "Development" with its grammatical variations
expressions, means carrying out the developmentand
property, engineering or other operations in, on, ofirnm%t
land or the making of any material changeinover any
or
property or land and includes re-development;
"Development works" means the external
internal development works on immovableproperty;
(u) "Engineer" means a person who possesses a bachelor's
equivalent from an institution rccognised by the AllIndiaCcurd
of Technical Education or any University or anyirstitubr
recognized under a law or is registered as an engineer undern
law for the time being in force;
"Estimated cost of real estate project" means thetotal
involved in developing the real estate projectandincludes
cost, taxes, cess development and other charges;
(w) "External development works" includes roads and road
landscaping, water supply, seweage and drainage
manJbO€
electricity suply transformer, sub-station, solid waste
and disposal or any other work which may haveto be
the periphery of, or outside, a project for its benefit,as
NYS

providedunder the local laws;

"Family" includes husband, wife, minor son and
daughterwholly dependent on a person;
(y) "Garage"means having a roof
a project
three sides for place within a but does not
parking vehicle,
unenclosedor uncoveredany space such as
areas; parking

lightsor any and

the earth or other benefit arising out of land whichis
the earth, permanently fastened to anythingcropsOf
but not standing
timber, standing
 P,ivu

Il i,it
to loyt)llt
the eotnpetont
"Day" meatlNthe working day, in the
concerned
notified by
Governnwnt 10 tltne;
"Development" with p,ranunotienl
tnennN out the
msopetty, engineering other operationti in, on,
and or the nmking of any tnnterinlehonp,einover ,
pmperty land and inelu«ietire-developn)ent; ijnyimrryn„
"Developntent works" tneanti the externnl developnlent
internal developtnent works on inunovnbleproperty;
(u) "Engineer" tneans person who pt)ßgetßep,a bachelo(b ,
equivalent an institution recognined by the All IndiaCwt
of Technical Education or any Univertiityor any
under a law or is registered an engineer
law tor the time being in force;
(v) "Estimated cost of real estate project" meansthe loul
involved in developing the real estate pro ect and includestkl,ts
mst. taxes, cess developtnent and other c larges;
(w) "External development works" includes roads and
drainage
landscaping, water supply, seweage and wastemanJbto
electricity sub-station, solid
suply transforrner, 10be
and disp€xsalor any other work which tuay have asNY
benefit,
the periphery of, or outside, a project for its
providedunder the local laws;
and
"Family" includes husband, wife, minor son
daughterwholly dependent on a person;
(Y) "Garage" means a place within a project havinga
sides for parking any vehicle, but
unenclosed or uncovered parking space Bitchas
areas;
rights
"!mmovableproperty" includes land, buildings,

the earth, but cropsOfbf

not standing timber, standing
278 REAL ESTATE (REGULATION AND
DEV
[Link]

Authority" means the

(p) "Competent
created or established under any la local au
W thorny
the appropriate Government which for thetime
exercise8 being
ers to i
development of such immovable
property; give
(q) "Completion Certificate" means the
completion
other certificate, by whatever name called,
issuedby
according to the sanctioned plan, layout
approved by the competent authority underplan

(r) "Day" means the working day, in the

territory, as the case may concerned
be, notifiedby
the
(s) "Development" with its grammatical
expressions,means carrying out the variationsand
development
property, engineering or other operations in, on, ofirn*
land or the making of any material changein any over
orundeé
property or land and includes re-development;
"Development works" means the [Link]
internal development works on immovableproperty;
(u) "Engineer" means a person who possessesa
equivalent from an institution recognised by the AllIndia
of Technical Education or any University or anyirsHNbi
recognized under a law or is registered as an engineer undern
law for the time being in force;
(v) "Estimated cost of real estate project" meansthetotal
involved in developing the real estate projectandincludesll*
cost, taxes, cess development and other charges;
road
(w) 'External development works" includes roads and
landscaping, water supply, seweage and drainage
wastemanJb+1
electricity suply transformer, sub-station, solid be
and disposal or any other work which may haveto asNY
the periphery of, or outside, a project for its benefit,
provided under the local laws;
(x) "Family" includes son and
husband, wife, minor
daughterwholly dependent on a person;
(Y) "Garage"means a place wi having a roof
thin a project not
three sides for parking any vehicle, but does
unenclosed or uncovered parking space such as
areas;
"Immovableproperty" includes land, buildings,

the cropsOf
but not standing timber, standing
 ••LUPMEN•n
Aer
(p) "Competent Authority" means the
localauth
created or established under any law
the appropriate Government which for the time
exercises
development of such immovable Property. give
(q) "Completion Certificate" means the
completion
certificate
authority certifying that the real estate thec
according to the sanctioned plan, layoutprojecthasY
approved by the competent authority plan and
under the
(r) "Day" means the working day, in the
concerned
territory, as the case may be, notified state
by the
(s) "Development" with its grammatical
expressions, means carrying out the variationsand
development
property, engineering or other operations in, on, ofimm%t
land or the making of any material changeinoveror
property or land and includes re-development; anyirnrrmai
(t) "Development works" means the extemal development
internal development works on immovableproperty;
(u) "Engineer" means a person who possessesa bachelor's
equivalent from an institution recognised by theAllIndia
Cord
of Technical Education or any Universityor any
recognized under a law or is registered as an engineer
undeta
law for the time being in force;
(v)"Estimatedcost of real estate project" meansthetd
involved in developing the real estate project and includestlk'
cost, taxes, cess development and other charges;
(w) "Extemal development works" includes roads and roads)
landscaping, water supply, seweage and drainage manayn<
electricity suply transformer, sub-station, solid waste
and disposal or any other work which may have tobe N)'
the periphery of, or outside, a project for its benefit,as
provided under the local laws;
uno
"Family" includes husband, wife, minor son and
daughterwholly dependent on a person;
(y) "Garage" means a roof
a place wi thin a project having notiß
three sides for
parking any vehicle, but doesas
unenclosedor space such
areas; uncovered parking
(z) (
"Immovable rights
lights or any property" includes land, buildingS'
the earth or other benefit arising out of land and
which
theearth, permanently fastened to anything or
but not standing crops
timber, standing
 RliAl. Il'STATfl AN')
M •g,2016
279

"Interest"gneans the ra tes of interest payable by the

pr«•rnoleror
the allottee, as the ease tnay be;
For the purpose ol' this elatlN('.
Explanation.
the rat( of interest cha rgenble f rotn the
protnoter, in ease 01 default, shall be equalallot fee by the
intetvst which the pronu)ter shall be to the rate of
liable to pay the allot
in ease of default; tee,
the interest payable by the pronu)tcr to the allottee
frotn the date the pro:noter received the amount shall be
thereof till the date the amount or part thereof or any part
then•on is refunded, and the interest payable byand the
interest
to the prornoter shall be from the date the allottee allottee
paynwnt to the promoter till the date it is paid; defaults in
development works" means roads, footpaths,
(zb) "Internalsewers, water
drains, parks, tree planting, street lighting,
supply,
provision for community buildings and for treatment and disposal
of sewage and sullage water, solid waste management and
disposalwater conservation, energy management, fire protection
and fire safety requirements, social infrastructure such as
educationalhealth and other public amenities or any other work in
a projectfor its benefit, as per sanctioned plans;
(zc) "Local authority" means the Municipal Corporation or
Municipalityor Panchayats or any other Local Body constituted
under any law for the time being in force for providing municipal
servicesor basic services, as the case may be, in respect of areas
under its jurisdiction;
(zd) 'Member" means the member of the Real Estate Regulatory
Authority appointed under Section 21 and includes the
Chairperson;
(ze) "Notification"means a notification published in the
Gazette
Official
and the expression "notify" shall be construed accordingly;
(zo "Occupancycertificate" means the
occupancy
othercertificateby whatever name called issuedcertificate, or such
by the competent
v/ authoritypermitting occupation of any building,
underlocallaws, which has provision for as provided
aswater,sanitation and civic infrastructure such
electricity;
(zg) "Person" includes. —
(i) an individual;
(ii) a Hindu
undivided family;
(iii)a company;
(iv)
a firmunder the
the Limited Indian Partnership Act, 1932(9 of 1932)or
case Liability Partnership Act, 2008 (6 of 2009), as the
may be;
 Ν

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2-

Ξ' 2,02
 AND MI,
t«tAt8 (REGUIATION

anv other Fm•rson who acts himself a builder,

developer, estate developer or by any other name
o»ntractor,
as the holder of a power of attorney
or claints to be acting on which the building
trout the owner of the orland plot is developed for •ale, or
aparttnent is constructed
constructs any building or apartrrwnt
such other person who
(Vi) public.
for sale to the general
—For the purposes of this clause, where the person who
Enflanation. or develops a plot for sale
•onvertsa building into apartments
or plots are different persons, both of
,rsonswho sells apartments
to be the promoters and shall be jointly liable as such
shallbedeemed onsibilities specified, under this Act or the rules
g and
made thereunder;
"Prospectus"means any document described or issued as a
rule (El) prospectusor any notice, circular, or other document offering for
v/ saleor any real estate project or inviting any person to make
advanæsor deposits for such purposes;
agent" means any person, who negotiates or acts on
qzm) "Realestate person in a transaction of transfer of his plot,
tructs or behalfof one
Ing or Gusstok apartmentor building, as the case may be, in a real estate project, by
a way of sale, with another person or transfer of plot, apartment or
rts an builq building,as the case may be, of any other person to him and
the
t/ whetheras commissionor otherwise and includes a person who
Frsons and hclud6\5Q introduces,through any medium, prospective buyers and sellers to
PS land eachotherfor negotiation for sale or purchase of plot, apartment or
structures onany•dh
building,as the case may be, and includes property dealers,
brokers,middlemenby whatever name called;
other persomsallormn
'Real estateproject" means the development of a building or a
building consisting of apartments, or converting an existing
building or a part thereof into apartments, or the development of
land into plots or apartment, as the case may be, for the purpose of
üwrity or sellingall or some of the said apartments or plots or building, as the
casemay be, and includes the common areas, the development
åLtø
works,all improvements and structures thereon, and all easement,

thisAct; by the Authority under

"Rule"
meansthe rules made under this Act by the
Govemment; appropriate
'Sanctionedplan" means the
site plan,
Parkingandcirculationplan, landscapebuilding plan,
planand such other plan, layout
plan, zoning
4/ applicable,
plan and includes structural designs, if
permissionssuch as environment
permission and such