Vidhi Codex

Bare Act

Ownership Flats Act, Gujarat Year 1973

General197345 sections

This Act regulates the construction and sale of flats in Gujarat, primarily protecting buyers from fraud. It applies to anyone building or selling apartments, known as promoters, and the people buying them. The law requires promoters to fully disclose their land ownership, any legal issues with the property, building plans, and amenities before a sale. It also sets rules for handing over possession and organizing the owners. By enforcing these transparency requirements, the Act ensures that buyers receive accurate information and fair terms, reducing the risk of disputes and financial loss in the real estate market.

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 therefor 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 of 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 cooperative 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. Schedule. SCHEDULE

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