‘Common areas rest with flat owners’
According to a recent order by the Allahabad High Court on the UP Rent Act, common areas and facilities must be enjoyed by apartment owners without encroaching upon the rights of the others
Various states have enacted laws that provide for the ownership of an apartment in a building where there is an undivided interest in the common areas. These laws are also meant to make such apartments transferable.
Recently, the Allahabad High Court, while hearing various writ petitions filed by apartment owners and buyers’ associations, issued a clarification regarding the interpretation of various provisions of the UP Apartment ( Promotion of Construction, Ownership & Maintenance) Act, 2010, and UP Apartment ( Promotion of Construction, Ownership and Maintenance) Rules, 2011. The highlights of the judgment delivered by the high court are: The Act is applicable to all buildings, having three or more apartments for residential or commercial purposes. The word ‘apartment’ includes any garage or room, if it has RWA registered after giving due notice to the promoter. An apartment owner is entitled to undivided interest in the common areas and facilities as specified in the deed of apartment. This will not be altered without the written consent of all the apartment owners and approval of the competent authority. These facilities will be enjoyed by the apartment owner without encroaching upon the rights of other apartment owners. The ‘limited common areas and facilities,’ which are specified in writing by the promoter as ‘ independent areas,’ must be clearly defined in the declaration under Section 12, failing which the promoter will not be entitled to claim these common areas as independent areas. These independent areas are the ones that have been declared as common areas but not included for joint use of apartments. These can also be sold by other apartment owners. Failure to submit the declara-
A flat owner is entitled to undivided interest in the common areas such as garden, elevator and parking