Vidhi Codex

The Gujarat Ownership Flats Act, 1973

The Gujarat Ownership Flats Act, 1973

General197357 sections

The Gujarat Ownership Flats Act, 1973 regulates the construction, sale, ownership, and management of individual flats and apartments in Gujarat. It applies to real estate developers, building promoters, flat buyers, and apartment owners across the state. The Act protects home buyers by requiring developers to disclose complete title details, building plans, and estimated expenses before collecting advance payments, which must be kept in separate bank accounts. Developers are legally bound to complete projects on schedule, rectify structural defects within one year, and transfer property titles to cooperative societies or owner associations. This law ensures transparency, fair dealing, and secure property ownership.

Start reading →Read full ActSections
  1. 1. Short title, extent and commencement.
  2. 2. Definitions.
  3. 3. General liabilities of promoter.
  4. 4. Promoter before accepting advance payment or deposit to enter into agreement and agreement to be registered.
  5. 5. Promoter to maintain separate account of sums taken as advance or deposit and to be trustee therefore and disburse them for purposes for which given.
  6. 6. Responsibilities for payment of outgoings till property is transferred.
  7. 7. After plans and specifications are disclosed no alterations or additions to be made without consent or persons who have agreed to take the flats; and defects noticed within a year to be rectified.
  8. 8. Refund of amount paid with interest for failure to give possession within specified time or further time allowed.
  9. 9. No mortgage etc. to be created without consent of parties after execution of agreement for sale.
  10. 10. Promoter to take steps for formation of co-operative society or company.
  11. 11. Promoter to convey title, etc., and execute documents according to agreement.
  12. 12. General liabilities of flat-taker.
  13. 13. Manager not to cut off withhold, curtail or reduce essential supply or service.
  14. 14. Part to be in addition to Transfer of Property Act and to over-ride contract to the contrary.
  15. 15. Application of certain provisions to flats already in existence.
  16. 16. Part not to apply to Gujarat Housing Board.
  17. 17. Application of Part.
  18. 18. Definitions.
  19. 19. Apartments to be heritable and transferable.
  20. 20. Ownership of apartments.
  21. 21. Common areas and facilities.
  22. 22. Compliance with covenants, bye-laws and administrative provisions.
  23. 23. Certain work prohibited.
  24. 24. Encumbrances against apartments; removal from encumbrances, effect of part payment.
  25. 25. Common profits and expences.
  26. 26. Contents of Declaration.
  27. 27. Contents of Deeds of Apartments.
  28. 28. Declarations, Deeds of Apartments and copies of floor plans to be registered.
  29. 29. Removal from provisions of Part.
  30. 30. Removal no bar to subsequent resubmission of property to Part.
  31. 31. Bye-laws.
  32. 32. Waiver of use of common areas and facilities; abandonment of apartment.
  33. 33. Separate assessment.
  34. 34. Charge for property of common expense.
  35. 35. Joint and several liability of vendor, etc. for unpaid common expenses.
  36. 36. Insurance.
  37. 37. Disposition of property; destruction or damage.
  38. 38. Action.
  39. 39. Part to the binding on apartment owners, tenants, etc.
  40. 40. Removal of doubt.
  41. 41. Amendment to Guj. XXVIII of 1961.
  42. 42. Offences by promoter.
  43. 43. Offences by companies
  44. 44. Power to make rules.
  45. (h). Section (h)
  46. (i). Section (i)
  47. (j). Section (j)
  48. (k). Section (k)
  49. (l). Section (l)
  50. (m). Section (m)
  51. (n). Section (n)
  52. (o). Section (o)
  53. (p). Section (p)
  54. (q). Section (q)
  55. (r). Section (r)
  56. (s). Section (s)
  57. SCHEDULE. SCHEDULE

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