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UP Apartment Act

Last updated: October 22 2010
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  • UP Apartment Act

    There has been heated debates amongst us about the rights of buyers and obligations of builders. As of now, RE market in loaded against buyers.

    I cam across UP Apartment Act 2010 and its Rules at http://awas.up.nic.in/.

    Links are;
    http://awas.up.nic.in/Apartment%20Act-English.pdf
    http://awas.up.nic.in/Apartment%20Ac...les%202010.pdf

    A quick reading of these document show that there many provisions which protect the buyers. Act/ Rules deal with almost all aspects of housing projects including specifications, delivery, post-construction maintenance etc.

    Is this Act/Rules not yet applicable to projects in NOIDA? Why are our builders not following them? Can buyers do something to seek protection available under this Act?

    Sorry for opening this thread in NOIDA Forum. But I feel this is the right place to discuss this issue.

    Views/ comments are solicited....
  • #2

    #2

    Re : UP Apartment Act

    AFAIK Noida and G NOida dont come under Awas department of UP

    Comment

    • #3

      #3

      Re : UP Apartment Act

      Originally posted by vishal1880 View Post
      AFAIK Noida and G NOida dont come under Awas department of UP
      The Act is passed by UP assembly and is applicable to whole of UP. Pls see paragraph-1 of act.

      yes, for admn purpose only NOIDA and GN do not come under awas dept.

      Act is fully applicable in noida.

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      • #4

        #4

        Re : UP Apartment Act

        is it! Can you also clarify that does this hold good for all BBAs or only for the ones issues after the notification?

        Comment

        • #5

          #5

          Re : UP Apartment Act

          Originally posted by vishal1880 View Post
          is it! Can you also clarify that does this hold good for all BBAs or only for the ones issues after the notification?
          As per my understanding of law [belive me i am strong in that], any BBA signed after notification of Act/ Rules has to be in compliant with said Act. Buyers can legally ask for that. Paras Tierea buyers are on right track.

          Comment

          • #6

            #6

            Re : UP Apartment Act

            Originally posted by RoyalMax View Post
            As per my understanding of law [belive me i am strong in that], any BBA signed after notification of Act/ Rules has to be in compliant with said Act. Buyers can legally ask for that. Paras Tierea buyers are on right track.
            Hi RoyalMax ,

            Can you please highlight any salient points according to this act which need to be kept in mind and which are generally not included/complied by the builders.

            Thanks!

            Comment

            • #7

              #7

              Re : UP Apartment Act

              Great Max! Now since law is your strong point can you tell me, if my BBA was made before March 31st i.e. in October last year and is yeat to be signed but every one else in the complex well most of the people have already signed, where do I stand?

              Comment

              • #8

                #8

                Re : UP Apartment Act

                I need 4-5 days to study the Act/ Rules afterwhich I will surely be able to meet your queries.

                On the face of it, Act/ Rules appear to be protecting our interests. Rest depends upon its enforcement.

                My request to RE experts to pls study the Act/ Rules and then we can discuss pros/cons and how to take advantage out of it.

                All those who have purchased flats recently and in the process of signing BBA should, immediately, consult lawyers to ensure that thier BBA is as per new legislation.

                One con i saw was the need for registration of BBA and payment of 2% stamp duty which will be adjusted at the time of registration of final transfer agreement. For an End user this should not be a problem.

                My feeling is that Builders & Invetors do not like this Act and hence, its low visibility.

                Comment

                • #9

                  #9

                  Re : UP Apartment Act

                  Originally posted by RoyalMax View Post
                  I need 4-5 days to study the Act/ Rules afterwhich I will surely be able to meet your queries.

                  On the face of it, Act/ Rules appear to be protecting our interests. Rest depends upon its enforcement.

                  My request to RE experts to pls study the Act/ Rules and then we can discuss pros/cons and how to take advantage out of it.

                  All those who have purchased flats recently and in the process of signing BBA should, immediately, consult lawyers to ensure that thier BBA is as per new legislation.

                  One con i saw was the need for registration of BBA and payment of 2% stamp duty which will be adjusted at the time of registration of final transfer agreement. For an End user this should not be a problem.

                  My feeling is that Builders & Invetors do not like this Act and hence, its low visibility.
                  Why would the investors have a problem with the Act, especially since it also protects them against the powerful builder lobby.

                  Comment

                  • #10

                    #10

                    Re : UP Apartment Act

                    Originally posted by onlyvicky View Post
                    Why would the investors have a problem with the Act, especially since it also protects them against the powerful builder lobby.
                    Under UP Apartment Act it is mandatory that BBA be registered with 2% stamp duty (adjustable against 5% payable at the time of final transfer), This does not suit investors as it is additional cost. In any case they have to exist before final registration.

                    I too went through Act. It is a great piece of work. Protects genuine buyers. Also takes care of errant house owners who do not pay mtc. charges.

                    I wonder how come this Act has not made the noise it should have. Hats off to Mayawati. She flooded Noida market with projects and brought this legislation. Genuine buyers are winners all the way.

                    Unfortunately there is little awareness about this Act. Buyers are signing BBA on dotted lines without bothering to verify its compatibility with new Act. If you are investing 30-40L for house, pls. do not mind spending few Ks to consult a lawyer and buy peace of mind for rest of life.

                    As I have said, it is buyers market today. If pressed by a group, builder will have no choice but to accept the Act and follow it. Only if we shed this herd mentality.....
                    Last edited by RoyalMax; August 10 2010, 10:28 AM. Reason: corrct

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