| 2.Definitions.   2. In  this Act, unless the context otherwise requires,— (a)  "adjudicating officer" means the adjudicating officer appointed under  sub-section (1)  of section 71; (b)  "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; (c)  "agreement for sale" means an agreement entered into between the  promoter and the allottee; (d)  "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; (e)  "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 anybusiness, occupation, profession or trade, or for any other  type of use ancillary to the purpose specified; (f)  "Appellate Tribunal " means the Real Estate Appellate Tribunal  established under section 43; (g)  "appropriate Government" means in respect of matters relating to,— (i)  the Union territory without Legislature, the Central Government; (ii)  the Union territory of Puducherry, the Union territory Government; (iii)  the Union territory of Delhi, the Central Ministry of Urban Development; (iv)  the State, the State Government; (h)  "architect" means a person registered as an architect under the  provisions of the Architects Act, 1972; (i)  "Authority" means the Real Estate Regulatory Authority established  under sub-section (1)  of section 20; (j)  "building" includes 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; (k)  "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.    Explanation.— For  the purpose of this clause, the expression "exclusive balcony or  verandah area" means the area of the balcony or verandah, as the case may  be, which is appurtenant to the net usable floor  area of an apartment, meant for the exclusive use  of the allottee; and "exclusive open terrace area" means the area of  open terrace which is appurtenant to the net usable  floor area of an apartment, meant for the exclusive use  of the allottee; (l)  "Chairperson" means the Chairperson of the Real Estate Regulatory  Authority appointed under section 21; (m)  "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; (n)  "common areas" mean— (i)  the entire land for the real estate project or where the project is developed  in phases and registration under this Act is sought for a  phase, the entire land for that phase; (ii)  the stair cases, lifts, staircase and lift lobbies, fir escapes, and common  entrances and exits of buildings; (iii)  the common basements, terraces, parks, play areas, open parking areas and  common storage spaces; (iv)  the premises for the lodging of persons employed for the management of  the property including accommodation for watch and ward staffs or for the  lodging of community service personnel; (v)  installations of central services such as electricity, gas, water and sanitation,  air-conditioning and incinerating, system for water conservation and renewable  energy; (vi)  the water tanks, sumps, motors, fans, compressors, ducts and all apparatus  connected with installations for common use; (vii)  all community and commercial facilities as provided in the real estate project; (viii)  all other portion of the project necessary or convenient for its maintenance,  safety, etc., and in common use; (o)  "company" means a company incorporated and registered under the  Companies Act, 2013 and includes,— (i)  a corporation established by or under any Central Act or State Act; (ii)  a development authority or any public authority established by the Government  in this behalf under any law for the time being in force; (p)  "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; (q)  "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; (r)  "day" means the working day, in the concerned State or Union  territory, as the case may be, notified by the  appropriate Government from time to time (s)  "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; (t)  "development works" means the external development works and internal  development works on immovable property; (u)  "engineer" means a person who possesses a bachelor's degree or  equivalent from an institution recognised by the  All India Council of Technical Education or any University  or any institution recognised under a law or is registered as an engineer  under any law for the time being in force; (v)  "estimated cost of real estate project" means the total cost involved  in developing the real estate project and includes  the land cost, taxes, cess, development and other  charges; (w)  "external development works" includes roads and road systems  landscaping, water supply, seweage and drainage  systems, electricity suply transformer, sub-station, solid  waste management and disposal or any other work which may have to be executed  in the periphery of, or outside, a project for its  benefit, as may be provided under the local laws; (x)  "family" includes husband, wife, minor son and unmarried daughter  wholly dependent on a person; (y)  "garage" means a place within a project having a roof and walls on  three sides for parking any vehicle, but does not  include an unenclosed or uncovered parking space  such as open parking areas; (z)  "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; (za)  "interest" means the rates of interest payable by the promoter or the  allottee, as the case may be.    Explanation.—For  the purpose of this clause— (i)  the rate of interest chargeable from the allottee by the promoter, in case  of default, shall be equal to the rate of interest which  the promoter shall be liable to pay the allottee,  in case of default; (ii)  the interest payable by the promoter to the allottee shall be from the date  the promoter received the amount or any part thereof till the date the amount  or part thereof and interest thereon is refunded, and the  interest payable by the allottee to the promoter  shall be from the date the allottee defaults in payment to the  promoter till the date it is paid; (zb)  "internal 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; (zc)  "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; (zd)  "Member" means the member of the Real Estate Regulatory Authority  appointed under section 21 and includes the Chaiperson; (ze)  "notification" means a notification published in the Official Gazette  and the expression "notify" shall be  construed accordingly; (zf)  "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; (zg)  "Person" includes,— (i)  an individual; (ii)  a Hindu undivided family; (iii)  a company; (iv)  a firm under the Indian Partnership Act, 1932 or the Limited Liability Partnership  Act, 2008, as the case may be; (v)  a competent authority; (vi)  an association of persons or a body of individuals whether incorporated or  not; (vii)  a co-operative society registered under any law relating to co-operative societies; (viii)  any such other entity as the appropriate Government may, by notification,  specify in this behalf; (zh)  "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 time; (zi)  "prescribed" means prescribed by rules made under this Act; (zj)  "project" means the real estate project as defined in cluase (zn); (zk)  "promoter" means,— (i)  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 (ii)  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 (iii)  any development authority or any other public body in respect of allottees  of— (a)  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 (b)  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 (iv)  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 (v)  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 (vi)  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; (zl)  "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; (zm)  "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; (zn)  "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  thereto; (zo)  "regulations" means the regulations made by the Authority under this  Act; (zp)  "rule" means the rules made under this Act by the appropriate  Government; (zq)  "sanctioned plan" means the site plan, building plan, service plan,  parking and circulation plan, landscape plan,  layout plan, zoning plan and such other plan and includes  structural designs, if applicable, permissions such as environment permission  and such other permissions, which are approved by the  competent authority prior to start of a real estate  project; (zr)  words and expressions used herein but not defined in this Act and defined in  any law for the time being in force or in the municipal  laws or such other relevant laws of the appropriate  Government shall have the same meanings respectively assigned to them  in those laws. |