"Building" Any structure or erection or part of a structure or erection
which is intended to be used for residential, commercial or for the purpose of any
business, occupation, profession or trade, or for any other related purposes.
A person who constructs or causes to be constructed an independent
building or a building consisting of apartments, or converts an existing building
or a part thereof into apartments, for the purpose of selling all or some of the
apartments to other persons and includes his assignees; or
A person who develops land into a project, whether or not the person
also constructs structures on any of the plots, for the purpose of selling to other
persons all or some of the plots in the said project, whether with or without
structures thereon; or
Any development authority or any other public body in respect of
Buildings or apartments, as the case may be, constructed by
such authority or body on lands owned by them or placed at their disposal
by the Government; or
Plots owned by such authority or body or placed at their disposal
by the Government,
for the purpose of selling all or some of the apartments or plots; or
An apex State level co-operative housing finance society and a primary
co-operative housing society which constructs apartments or buildings for its
Members or in respect of the allottees of such apartments or buildings; or
Any other person who acts himself as a builder, coloniser, contractor,
developer, estate developer or by any other name or claims to be acting as the
holder of a power of attorney from the owner of the land on which the building or
apartment is constructed or plot is developed for sale; or
Such other person who constructs any building or apartment for sale
to the general public
Explanation:—For the purposes of this clause, where the person who
constructs or converts a building into apartments or develops a plot for sale and
the persons who sells apartments or plots are different persons, both of them
shall be deemed to be the promoters and shall be jointly liable as such for the
functions and responsibilities specified, under this Act or the rules and
regulations made thereunder
"Advertisement" means any document described or issued as advertisement
through any medium and includes any notice, circular or other documents or publicity
in any form, informing persons about a real estate project, or offering for sale of a plot,
building or apartment or inviting persons to purchase in any manner such plot, building
or apartment or to make advances or deposits for such purposes.
"Carpet Area" means the net usable floor area of an apartment, excluding the
area covered by the external walls, areas under services shafts, exclusive balcony or
verandah area and exclusive open terrace area, but includes the area covered by the
internal partition walls of the apartment.
"Planning Area" means a planning area or a development area or a local
planning area or a regional development plan area, by whatever name called, or any
other area specified as such by the appropriate Government or any competent authority
and includes any area designated by the appropriate Government or the competent
authority to be a planning area for future planned development, under the law relating
to Town and Country Planning for the time being in force and as revised from time to
"Appellate Tribunal" means the Real Estate Appellate Tribunal established under section 43.
An Appellate Tribunal is a legal body set up by the government for speedy dispute redressal. It will hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority.
"Competent Authority" means the local authority or any authority created or
established under any law for the time being in force by the appropriate Government
which exercises authority over land under its jurisdiction, and has powers to give
permission for development of such immovable property.
"Completion Certificate" means the completion certificate, or such other
certificate, by whatever name called, issued by the competent authority certifying that
the real estate project has been developed according to the sanctioned plan, layout
plan and specifications, as approved by the competent authority under the local laws.
"Occupancy Certificate" means the occupancy certificate, or such other
certificate by whatever name called, issued by the competent authority permitting
occupation of any building, as provided under local laws, which has provision for civic
infrastructure such as water, sanitation and electricity.
"Real Estate Agent" means any person, who negotiates or acts on behalf of
one person in a transaction of transfer of his plot, apartment or building, as the case
may be, in a real estate project, by way of sale, with another person or transfer of plot,
apartment or building, as the case may be, of any other person to him and receives
remuneration or fees or any other charges for his services whether as commission or
otherwise and includes a person who introduces, through any medium, prospective
buyers and sellers to each other for negotiation for sale or purchase of plot, apartment
or building, as the case may be, and includes property dealers, brokers, middlemen by
whatever name called.
"Local Authority" means the Municipal Corporation or Municipality or
Panchayats or any other Local Body constituted under any law for the time being in
force for providing municipal services or basic services, as the case may be, in respect
of areas under its jurisdication.
"Real Estate Project" means the development of a building or a building
consisting of apartments, or converting an existing building or a part thereof into
apartments, or the development of land into plots or apartment, as the case may be, for
the purpose of selling all or some of the said apartments or plots or building, as the
case may be, and includes the common areas, the development works, all improvements
and structures thereon, and all easement, rights and appurtenances belonging there to.
"Allottee" in relation to a real estate project, means the person to whom a plot,
apartment or building, as the case may be, has been allotted, sold (whether as freehold
or leasehold) or otherwise transferred by the promoter, and includes the person who
subsequently acquires the said allotment through sale, transfer or otherwise but does
not include a person to whom such plot, apartment or building, as the case may be, is
given on rent.
"Development" with its grammatical variations and cognate expressions, means
carrying out the development of immovable property, engineering or other operations
in, on, over or under the land or the making of any material change in any immovable
property or land and includes re-development.
"Immovable Property" includes land, buildings, rights of ways, lights or any
other benefit arising out of land and things attached to the earth or permanently
fastened to anything which is attached to the earth, but not standing timber, standing
crops or grass.
"Apartment" whether called block, chamber, dwelling unit, flat, office,
showroom, shop, godown, premises, suit, tenement, unit or by any other name, means
a separate and self-contained part of any immovable property, including one or more
rooms or enclosed spaces, located on one or more floors or any part thereof, in a
building or on a plot of land, used or intended to be used for any residential or commercial
use such as residence, office, shop, showroom or godown or for carrying on any
business, occupation, profession or trade, or for any other type of use ancillary to the
"Commencement Certificate" means the commencement certificate or the
building permit or the construction permit, by whatever name called issued by the
competent authority to allow or permit the promoter to begin development works on an
immovable property, as per the sanctioned plan.
"Prospectus" means any document described or issued as a prospectus or
any notice, circular, or other document offering for sale or any real estate project or
inviting any person to make advances or deposits for such purposes.
"External Development Works" means roads, footpaths, water supply, sewers,
drains, parks, tree planting, street lighting, provision for community buildings and for
treatment and disposal of sewage and sullage water, solid waste management and
disposal, water conservation, energy management, fire protection and fire safety
requirements, social infrastructure such as educational health and other public amenities
or any other work in a project for its benefit, as per sanctioned plans.
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