Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 - An Overview
Overview of the UP-Apartment Act 2010
Anand Mishra
7/2/20252 min read
The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (hereinafter referred to as the UP Apartment Act, 2010) is a comprehensive legislation enacted to regulate the construction, sale, ownership, and maintenance of apartments in Uttar Pradesh. It provides a legal framework for promoters, apartment owners, and associations in group housing projects, aiming to ensure transparency, accountability, and orderly governance in multi-storied residential developments.
Key Objectives
To regulate the promotion, construction, sale, and transfer of apartments.
To facilitate individual ownership of apartments and common interest in common areas and facilities.
To mandate the formation and registration of Apartment Owners Associations (AOAs).
To provide for the maintenance, repairs, and regulation of common areas and services.
To empower apartment owners with rights, while also prescribing duties and responsibilities.
Salient Features
1. Applicability
The Act applies to all group housing projects in the state of Uttar Pradesh, whether constructed by private promoters, development authorities, housing boards, or cooperative societies.
2. Ownership Rights
Every apartment owner has:
Exclusive ownership of their apartment.
Undivided interest in the common areas and facilities (e.g., lobbies, lifts, parks, clubhouses).
3. Mandatory Registration of Deed
Transfer of apartment must be by way of a registered conveyance deed.
The promoter is required to execute a deed of declaration and register it with the competent authority.
4. Formation of Apartment Owners Association (AOA)
Mandatory formation of an AOA is required under Section 14(2) once 33% of apartments are occupied and Occupancy Certificate (OC) is received.
The AOA must be registered under the Societies Registration Act, 1860.
The AOA is entrusted with the management, maintenance, and administration of common areas.
5. Maintenance and Common Expenses
Apartment owners are bound to share the common expenses proportionately.
The promoter must hand over the maintenance to the AOA within a prescribed time after its formation.
6. Duties of Promoters
Provide detailed disclosures of sanctioned plans, layout, carpet area, etc.
Execute and register sale deeds.
Obtain and hand over Occupancy Certificate.
Ensure formation of AOA and transfer of maintenance.
7. Restrictions on Alterations
No structural alterations to apartments or common areas without prior approval of the AOA and competent authority.
8. Enforcement and Penalties
Violation of the Act can lead to penalties including fines and civil liabilities.
Courts and RERA authorities have enforced compliance through various judgments.
Relationship with Other Laws
The Act complements the Real Estate (Regulation and Development) Act, 2016 (RERA), especially concerning disclosures, registration of projects, and consumer protection.
In case of conflict, the RERA Act prevails, but the UP Apartment Act governs areas not specifically covered by RERA, particularly post-possession issues.
Judicial Interpretation
Courts have upheld the mandatory nature of:
Forming AOAs post-occupancy.
Promoters’ duties to transfer maintenance.
Owners’ rights over common areas.
Allahabad High Court has consistently ruled that the formation of AOA and transfer of maintenance are not optional and failure to comply violates statutory obligations. Few notable judgements include Designarch (supra.) and Shipra Shristi (supra.)
Conclusion
The UP-Apartment Act, 2010 is a critical legislation that protects the interests of apartment owners and promotes organized urban housing development. Compliance with the Act is essential for both promoters and residents, ensuring legally sound ownership, transparent dealings, and sustainable maintenance of group housing societies across Uttar Pradesh.
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