Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010

Click here to Download the PDF File of the Uttar Pradesh (Promotion of Construction, Ownership and Maintenance) Act, 2010 [U.P. Act No. 16 of 2010] AN ACT to provide for the ownership of an individual apartment in a building of an undivided interest in the common areas and facilities appurtenant to such apartment and to … Read more

Uttar Pradesh Apartment (Amendment) Act 2016 was Repealed without ever being enforced.

Introduction: The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 is one of the most progressive laws on apartment ownership which clearly demarcates the right, duties, and obligations of the Builder, Buyer and the Development Authorities w.r.t. to construction, ownership and maintenance of an apartment in a group housing and also the … Read more

How and where to challenge the Election of Society / Board of Management / AOA?

Introduction A Group of persons may form an association and give it a formal structure by registering it as a society under the Societies Registration Act, 1860.  Under different statutes associations are mandatorily to be formed and be registered as a society. Such association are often referred as statutory associations.  The affairs of such statutory … Read more

Are Shops built in Group Housing in UP are part of common area

Introduction 1.       Due to rising population clusters of large apartment buildings through Group Housing are developing in U.P.  To regulate the construction of such Group Housing and apartments therein, help of mainly three legislations are taken which is U.P. Apartment (Promotiion of Construction, Ownership & maintenance) Act, 2010, Urban Planning and Development Act, 1973 and … Read more

All about Election of Apartment Owners Association.

This article is specific to laws in Uttar Pradesh and also has a video presentation | Download eManual on Apartment Introduction As per the information available on the Website of U.P. RERA there are around 2800 registered Group Housing projects.  Similarly, by an estimation, there would be around equal or more number of already existing … Read more

What is a Deed of Declaration under U.P. Apartment Act ?

This article is specific to law in Uttar Pradesh and has a video presentation | Download eManual on Apartment Introduction The declaration is defined in Section 3 (m) of U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 to mean declaration referred to in Section 12 of the said Act. The contents of declaration … Read more

Handover Process of Common Areas and Facilities from Promoter to AOA

This article is specific to the law in Uttar Pradesh. The article has a video presentation. | Download eManual on Apartment Introduction The U.P. Government enacted U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, (“2010 Act)”Statement of Objects and Reasons whereof are:            “Housing is a basic human necessity and the quality of … Read more

Legal steps for recovering IFMS & Sinking Fund from a builder by AOA.

This article discusses the legal position specific to Uttar Pradesh. The article is also published as Legal Opinion: How to recover IFMS from builder? – NOFAA on website of NOFAA Watch the video on this topic or read the article below. | Download eManual on Apartment Introduction It has become a very common problem that … Read more

Rights of Tenants in elections of Apartment Owners Associations?

The above question is asked many a time during elections of apartment owners associations in group housing societies in Noida and Ghaziabad. As per the Model Bye-laws under the U.P. Apartment Act, only apartment owners can be members of the association of apartment owners. Download UP Apartment laws eManual Who is an apartment owner? As … Read more

UP Apartment Act & Law laid by High Court in Designarch Case

Allahabad High Court

Download UP Apartment laws eManual When it comes to the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 (“the Act”) then the case titled M/s Designarch Infrastructure Pvt. Ltd. & Anr. v. Vice-Chairman, Ghaziabad Development Authority & Ors. is the landmark authority so far. Below is the summary conclusion of the judgment. It … Read more

Objectives, Powers and Duties of The Apartment Owners Association

Download UP Apartment laws eManual Registration of an association of apartment owners is important for the uninterrupted maintenance of any housing society. It provides a platform to the apartment owners to raise their grievance regarding any issue in the society. Uttar Pradesh government has made it compulsory to register an Apartment Owners Association (hereinafter referred … Read more