The Uttar Pradesh Apartment (Promotion of construction, Ownership & Maintenance) Act,-2010

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THE UTTAR PRADESH APARTMENT (PROMOTION OF 
CONSTRUCTION, OWNERSHIP AND MAINTENANCE) 
ACT, 2010 
 (U.P. Act no. 16 of 2010) 
Amended by  
U. P. Act no. 30 of 2016. 
 
[As passed by Uttar Pradesh Legislature and assented  to  by 
Governor under Article 200 of Constitution of India dated March 18, 
2010, published in Uttar Pradesh Gazette Extraordinary on March 19, 
2010 and came into force from July 21, 2010.] 
to provide for the ownership of an individual apartment in a 
building of an undivided interest in the common areas and facilities 
appurtenant to such apartment and to make such apartment and interest 
heritable and transferable and for matters connected therewith or incidental 
thereto. 
AN  
ACT 
IT IS HEREBY enacted in the Sixty first Year of the Republic of India 
as follows:-  
 
 
 
Short title, 
extent and 
commencement 
CHAPTER-I  
Preliminary 
1. (1) This Act may be called the Uttar Pradesh Apartment 
(Promotion of Construction, Ownership, and Maintenance) Act, 2010. 
(2) It extends to the whole of .State of Uttar Pradesh. 
(3) It shall come into force on such date as the State Government 
may, by notification in the official Gazette, appoint. 
 
 
 
Application [2. The provisions of this Act shall apply to all buildings having 
four or more apartments in any building constructed or converted into 
apartment and land attached to the apartment, whether freehold or held 
on lease excluding shopping malls, multiplexes and commercial complexes 
which are maintained as single unit by the promoter or the maintnance 
agency.]1 
 
Definitions 3. In this Act, unless the context otherwise requires, 
(a) "allottee" in relation to an apartment, means the person to 
whom such apartment has been allotted, sold or otherwise 
transferred by the promoter; 
[(b) "Apartment" means a part of any property, intended for any 
type of independent use, including enclosed spaces located on one or 
more floors or any part or parts thereof, in a building to be used for 
residential or official purposes or for the purpose of practicing any 
profession, or for carrying on any occupation, trade or business 
(excluding shopping malls and multiplexes) or for such other use as 
may De prescribed, and with a direct exit to a public street, road or to 
a common area leading to such street, road and includes any garage 
or room (whether or not adjacent to the building in which such 
apartment is located) provided by the promoter for use by the owner 
of such apartment for parking or, as the case may be, for the 
residence of any domestic aide employed in such apartment;]2 
 
 (c) "apartment number" means the number, letter or 
combination thereof, designating an apartment; 
(d) "apartment owner" means the person or persons owning 
an apartment or the promoter or his nominee in case of unsold 
apartments and an undivided interest in th e common areas and 
facilities appurtenant to such apartment in the percentage 
specified in the Deed of Apartment and includes the lessee of the 
land on which the building containing such apartment has been 
constructed, where the lease of such land is for a  period of thirty 
years or more; 
 
 
1. Subs. by s. 2 of U.P. Act No. 30 of 2016. 
2. Subs. by s. 3(b) of U.P. Act No. 30 of 2016 

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 (e) "association of apartment owners" means all the 
owners of the apartments therein, acting as a group in 
accordance with the bye-laws; 
(f) "board" means the Board of Management of an 
Association of Apartment Owners elected by its members 
under the bye-laws; 
(g) "building" means a building constructed on any land, 
containing four or more apartments, or two or more buildings 
in any area design ated as a block, each containing two or 
more apartments with a total of four or more apartments in_ 
all such buildings; 
 Provided that an independent house constructed in a row 
with independent entry and exit, whether or not adjoining to 
other independent houses, shall not constitute a building. 
(h) "bye-laws" means the bye-laws made under this Act; 
(i) "common areas and facilities" means 
(i) the land on which the building is located and all 
easements, rights and appurtenances belonging to the 
land and the building; 
 [(ii) the foundations, columns, girders, bea ms, 
supports, main walls, roofs/terraces and halls of common 
use, corridors, lobbies, stairs, stairways, fire -escapes and 
entrances and exits of the building;]1 
 [(iii) the basements  (areas of common use only), 
cellars, yards, parks, gardens, community centers and 
common parking areas.]2 
(iv) the premises for the lodging of janitors or persons 
employed for the management of the property; 
(v) installations of central services, such as,  power, 
light, gas, hot and cold water, heating, refrigeration, air 
conditioning, including sewerage; 
(vi) the elevators, tanks, pumps, motors, fans, cable 
pipe line (TV, gas, electricity etc.) rain water harvesting 
system, compressors, ducts and in general all apparatus 
and installations existing for common use; 
[(vii) such other common areas and community 
facilities as may be specified in the bye-laws, and]3 
(viii) all other parts of the property necessary or 
convenient to its existence, maintenance  and safety, or 
normally in common use; 
 (j) "common expenses" means 
(i) expenses of administration, maintenance, repair 
or replacement of the common areas and facilities, 
utilities, equipments and machineries and all other sums 
assessed against the owne rs of apartment by the 
Association of Apartment Owners. 
(ii) expenses declared as common expenses by the 
provisions of this Act or by the bye -laws, or agreed upon 
by the Association of Apartment Owners; 
(k) "common profits" means the balance of all income, 
rents, profits, and revenues from the common areas and 
facilities remaining after the deduction of the common 
expenses; 
 
1. Subs. by s. 3 (b) of Act No. 30 of 2016. 
2. Subs. by s. 3 (b) of Act No. 30 of 2016. 
3. Subs. by s. 3 (b) of Act No. 30 of 2016. 

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(l) "competent authority" means any person or authority 
authorised by the government by notification to perform the 
functions of the competent authority under this Act for such 
areas as may be specified in the notification; 
(m) "declaration" means declaration referred to in section 12; 
(n) "deed of apartment" means the Deed of Apartment 
referred to in section 14; 
(o) "government" means the Government of Uttar 
Pradesh; 
(p) "independent areas" means the areas which have been 
declared but not included as common a reas for joint use of 
apartments and may be sold by the promoter without the 
interference of other apartment owners; 
(q) "joint family" means a Hindu undivided family, and in 
the case of other persons, a group or unit, the members of 
which are by custom, joint in possession or residence; 
 (r) "local authority" means the Development Authority 
established under the Uttar Pradesh Urban Planning and 
Development Act, 1973 or Controlling Authority established 
under the Uttar Pradesh (Regulation  of   Building   
Operations)   Act,   1958   or  Special  Area  Development 
Authority established under the Uttar Pradesh Special Area 
Development Authorities Act, 1986 or the Uttar Pradesh 
Housing and Development Board established under the Uttar 
Pradesh Housing and Develo pment Board Act,1965 or the 
Industrial Area Development Authority established under the 
Uttar Pradesh Industrial Area Development Authorities Act, 
1976 or the Uttar Pradesh Cooperative Housing Federation 
established under the Uttar Pradesh Cooperative Hous ing 
Societies Act, 1965 or the Municipal Corporation constituted 
under the Uttar Pradesh Municipal Corporations Act, 1959 
or the municipality established under the Uttar Pradesh 
Municipalities Act, 1916, having jurisdiction over the site of 
property; 
  (s) "limited common areas and facilities" means those 
common areas and facilities which are designated in writing 
by the promoter before the allotment, sale or other transfer of 
any apartment as reserved for use of certain apartment or 
apartments to the exclusion of the other apartments; 
 
 (t) "manager" means the Manager of an Association of 
Apartment Owners appointed under the bye-laws; 
[(tt) ‘Multiplex’ means a movie theater complex with 
multiple screens, shopping area, food court and ancillary 
services within a single building constructed on a land area 
admeasuring 4000 sqm. or more.]1 
(u) "person" includes a firm and a joint family, and also 
includes a group housing co-operative society; 
(v) “Prescribed” means prescribed by rules made under 
this Act; 
(w) "promoter" means a person, company, firm, 
Association or co -operative society, as the case may be, by 
which, or by whom the building has been constructed; 
 
 
1. Ins. by s. 3 ( c ) of U.P. Act No. 30 of  2016. 

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 (x) "property" means the land, the building, and all 
improvements and structures thereon, and all easements, 
rights and appurtenances belonging thereto, and all articles 
of personal property intended for use in connection 
therewith, which have been, or are in tended to be 
submitted to the provisions of this Act; 
 
 [(y) ‘Shopping Mall’ means a larg e enclosed shopping 
area or complex constructed on a land area admeasuring 
4000 sqm. or more having independent retail stores, food 
court and ancillary services.]1 
 
 
 
General liabilities 
of promoter 
CHAPTER–II 
Duties and Liabilities of  Promoters 
4. (1) Any promoter who intends to sell an apartment, shall 
make a full and true disclosure in writing of following to an 
intending purchaser and the Competent Authority: 
(a) rights and his title to the land and the building in which 
the apartments have been or proposed to be constructed; 
 
 (b) all encumbrances. if any, on such land or building, 
and any right, title, interest or claim of any person in or, 
over such land or building; 
(c) the plans and specifications approved. by or 
submitted for approval to the local authority of the entire 
building of which such apartment forms part; 
(d) detail of all common areas and facilities as per the 
approved lay-out plan or building plan; 
[(dd) built-up area and common area of an  
apartment.]2 
(e) the nature of fixtures, fittings, and amenities, which 
have been or proposed to be provided; 
 
(f) the details of the design and specifications of works 
or and standards of the material which have been or are 
proposed to be used in the construction of the building, 
together with the details of all structural, arch itectural 
drawings, layout plans, no objection certificate from Fire 
Department, external and internal services plan of 
electricity, sewage, drainage and water supply system etc. to 
be made available with the Association; 
(g) all outgoings, including ground rent, municipal or 
other local taxes, water and electricity charges, revenue 
assessments, maintenance and other charges, in terest on 
any mortgage or other  encumbrance, if any, in respect of 
such land, building and apartments; 
 (h) such other information and documents as may be 
prescribed. 
(2) Every promoter shall, 
(a) specify in writing the date by which, construction of 
the apartment is to be completed subject to force majeure 
clause and intimation sent to such purchaser; 
(b) declare the penalty for delay in completion of the 
building and also penalty in the event of non -payment of 
instalment by the purchaser; 
(c) declare the conditions for cancellation or withdrawal 
of allotment and the extent of compensation either way in  
the event of violations of any of the conditions; 
(d) give on demand by the intending purchaser, on 
payment of photocopying charges, true copies of the 
documents referred to in this section; 
 
1. Ins. by s. 3 (d) of U.P. Act No. 30 of 2016. 
2. Ins. by s. 4 (a) of U.P. Act No. 30 of 2016.  

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(3) Where a building or apartment is proposed to be 
constructed by a promoter, the Jal Sansthan or the Uttar Pradesh 
Power Corporation Limited or the local authority, may supply water 
and electricity respectively on a temporary basis on intimation of 
approval of the plan by the prescribed sanctioning authority: 
Provided that the Jal Sansthan or the Uttar Pradesh Power 
Corporation Limited or the local authority may, on an intimation from 
the prescribed sanctioning authority, disconnect such supply of 
water and electricity as the case may be, if the promoter proceeds 
with the construction of building contrary to the approved pla n, 
except for such deviations as are within the permissible limits: 
Provided further that no such disconnection of supply of 
water and electricity, as the case may be, shall be made by the Jal 
Sansthan or Uttar Pradesh Power Corporation Limited or Local 
Authorities without first giving a show cause notice and providing 
opportunity of hearing for intended disconnection and also recording 
reasons in writing thereof. 
[(4) After plans, specifications and other particulars specified 
in this section as sanctioned  by the prescribed sanctioning authority 
are disclosed to the purchaser to whom allotment letter in respect of 
an apartment is issued, the promoter may make such additions or 
alternations except any change in the location and character of parks 
and green areas earmarked in the originally approved pln, as may be 
necessary due to architectural and structural reasons duly 
recommended and verified by authorized Architect or Engineer after 
proper declaration and intimation to the said purchaser. 
Provided that th e promoter shall not make any alterations in 
the plans, specifications and other particulars without obtaining the 
permission of the prescribed santioning authority. 
Provided further that after completion fully or partially of a 
project or of a particular  phase of a project, the promoter shall not  
make any alterations in any building or common areas and facilities 
in respect of which completion of certificate has been issued.] 1 
 (5) An apartment may be transferred by the promoter to any 
person only after  obtaining the completion certificate from the 
prescribed sanctioning authority concerned as per building bye -laws. 
The completion certificate shall be obtained by promoter from 
prescribed authority [within the period specified for completion of the 
project in the development permit or the builing permit as the case  
may be.] 2. Provided that if the construction work is not completed 
within the stipulated period with the permission of the prescribed 
authority. 
Provided furthar that if the completion certific ate is not issued 
by the prescribed sanctioning authority within three months of 
submission of the application by the promoter complete with all 
certificates and other documents required, the same shall be deemed 
to have been issued after the expiry of three months. 
Explanation: For the purposes of this sub -section 
"completion" means the completion of the construction works of a 
building as a whole or the completion of an independent block of 
such building, as the case may be. 
 
1. Subs.  by s. 4(b) of U.P. Act No. 30 of 2016. 
2. Subs.  by s. 4(c) of U.P. Act No. 30 of 2016. 

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  (6) After obtaining the completion certificate as provided in 
sub-section (5) and handing over physical'possession of the 
apartments to the allottees, it shall be the responsibility of the 
promoter to hand over the possession of the common areas and 
facilities and also the originals of the plans and documents to the 
Association of apartment owners formed and registered under sub -
section (2) of section-14. 
[Provided that handing over of physical possession of the 
common areas and facilities under this sub -section shall be 
completed within a period of one year from the date of issue of 
completion certificate or the date by which sixty percent of the 
apartments have been handed over to the owners, whichever is 
earlier, subject to the condition that the promote r shall be 
responsible for the sale and transfer of the balance apartments.]1 
(7) The promoter shall maintain the common areas and 
facilities till the Association is formed in accordance with the 
conditions laid down in sub section (2) of section -14 and sh all be 
entitled to levy proportionate maintenance charges as specified in the 
declaration. 
(8) The promoter shall be responsible upto two years after 
handing over the apartments regarding construction and structural 
defects in the building constructed by h im and he shall get such 
defects removed at his own cost, failing which he shall liable to pay 
compensation for the losses incurred by him for such defects. 
 
 (9) The promoter shall pay all local taxes including house tax, 
water tax, sewer tax, until and unless subleases have been executed 
in favour of the apartment owners. 
 
 CHAPTER–III 
Rights and Obligations of Apartment owners 
 
Rights of 
Apartment 
Owners 
5. (1) Every person to whom any apartment is sold or 
otherwise transferred by the promoter shall subject to the other 
provisions of this Act, be entitled to the exclusive ownership and 
possession of the apartment so sold or otherwise transferred to him. 
(2) Every person who becomes entitled to the exclusive 
ownership and possession of all apartment shall be entitled to such 
percentage of undivided interest in the common areas and facilities 
as may be specified in the Deed of Apartment and such percentage 
shall be computed by taking, as a basis, the area of the apartment in 
relation to the aggregate area of all apartments of the building. 
(3) (a) The percentage of the undivided interest of each 
apartment owner in the common areas and facilities shall have a 
permanent character, and shall not be altered without the written 
consent of all the apartment owners and approval of the competent 
authority. 
(b) The percentage of the undivided interest in the common 
areas and facilities shall not be separated from the apar tment to 
which it appertains and shall be deemed to be conveyed or 
encumbered with apartment, even though such interest is not 
expressly mentioned in the conveyance or other instrument. 
(4) The common areas and facilities shall not be transferred 
and remain undivided and no apartment owner or any other person 
shall bring any action for partition or division of any part thereof, 
and any covenant to the contrary shall be void. 
 
 
1. Subs. by s. 4(d) of U.P. Act No. 30 of  2016. 

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(5) Each apartment owner may use the common areas and 
facilities in accordance with the purposes for which they are intended 
without hindering or encroaching upon the lawful rights of the other 
apartment owners. 
(6) The necessary work relating to maintenance, repair and 
modification or relocation of the commo n areas and facilities and the 
making of any additions or improvements thereto, shall be carried out 
only in accordance with the provisions of this Act and the bye-laws. 
(7) The Association of Apartment Owners shall have the 
irrevocable right, to be exerci sed by the Board or Manager to have 
access to each apartment from time to time during reasonable hours 
for the maintenance, repairs or replacement of any of the common 
areas or facilities therein, or accessible therefrom, or for making 
emergency repairs th erein necessary to prevent damage to the 
common areas and facilities or to any other apartment or apartments.  
Obligation of 
Apartment 
Owners 
6. (1) Each apartment owner shall comply strictly with the 
bye-laws and with the covenants, conditions and restrict ions set forth 
in the Deed of Apartment, and failure to comply with any of them 
shall be a ground for action to recover sums due for damages, or for 
injunctive relief, or both, by the Manager or Board on behalf of the 
Association of Apartment Owners or in a proper case, by an aggrieved 
apartment owner. 
 
 
 
 
 
 
 
 
 
 
 
 
 
Apartment to be 
heritable and 
transferable 
 
 
 
 
 
 
 
 
(2) No apartment owner shall do any work which would be 
prejudicial to the soundness or safety of the property or reduce the 
value thereof or impair any easement or heriditament or shall add any 
material structure or excavate any additional basement or cellar or 
alter the external facade without first obtaining the consent of all the 
apartment owners. 
Explanation: In this section, reference to apartment owners 
shall be construed, in relation to a building in any block, pocket or 
other designated area, the apartment owners of the concerned 
building in such block, pocket or other designated area. 
 
CHAPTER–IV 
Ownership, Heritability and Transferability of Apartments 
7. Each apartment, together with the undivided interest in the 
common areas and facilities appurtenant to such apartment, shall, 
for all purposes constitute a heritable and transferable immovable 
property within the meaning of any law for the time being in f orce, 
and accordingly, an apartment owner may transfer his apartment and 
the percentage of undivided interest in the common areas and 
facilities appurtenant to such apartment by way of sale, mortgage, 
lease, gift, exchange or in any other manner whatsoever  in the same 
manner, to the same extent and subject to the same rights, privileges, 
obligations, liabilities investigations, legal proceedings, remedies and 
to penalty, forfeiture or punishment as any other immovable property 
or make a bequest of the same under the law applicable to the 
transfer and succession of immovable property. 
 
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Ownership of 
apartment shall 
be subject to 
conditions 
[Provided that where the allotment, sale or other transfer of 
any apartment has been made by any group housing co -operative 
society or association in favour of any member thereof, the 
transferability of  such apartment and all other matters shall be 
regulated by the law, which may provide a transfer fee at a 
maximum rate of one percent in any case of the sale value, 
applicable to such group housing co -operative society or association 
whatsoever maintains the common areas and facilities. The transfer 
fee shall not be leviable in case of heritability.]1 
8. Where any allotment, sale or other transfer of any 
apartment has been made, whether before or after the 
commencement of this Act, in pursuance of any promise of payment, 
or part payment, of the consideration thereof, the allottee or 
transferee, as the cas e may be, shall not become entitled to the 
ownership and possession of that apartment or to a percentage of 
undivided interest in the common areas and facilities appurtenant to 
such apartment until full payment has been made of the 
consideration thereof to gether with interest, if any due thereon, and 
where any such allottee or transferee has been inducted into the 
possession of such apartment or any part thereof in pursuance of 
such allotment or transfer, he shall, until the full payment of the 
consideration has been made continue to remain in possession 
thereof on the same terms and conditions on which he was so 
inducted into possession of such apartment or part thereof. There 
shall not be any hidden charges. All sale consideration shall be fixed 
either at the time of agreement to sale or when the purchases are 
made final in writing as per provisions of this Act; 
Right of re-
entry 
9. (1) Where any land is given on lease by a person (hereafter 
in this section referred to as the lessor) to another person (hereafter 
in this section referred to as the lessee~ which term shall include a 
person in whose favour a sub -lease of such land has been granted)~ 
and any building has been constructed on such land by the lessee 
or by any other person authorised by him or  claiming through him 
such lessee shall grant in respect of the land as  many   sub -leases  
as there  are apartments in  such  building  and  shall  execute 
separate deeds of sub-lease in respect of such land in favour of each 
apartment owner before handing  over the possession of apartment 
in such building to him. The lessor shall be duty bound to supply 
the plans and other legal documents to the lessee. 
 
 Provided that no sub -lease in respect of any land shall be 
granted except on the same terms and conditions on which the lease 
in respect of the land has been granted by the lessor and no 
additional terms and conditions shall be imposed by the lessee 
except with the previous approval of the lessor. 
(2) Where the lessee has any reason to suspect that there 
had been any breach of the terms and conditions of the sub -lease 
referred to in sub -section (1), he may himself inspect the land on 
which the building containing the concerned apartment has been 
constructed, or may authorise one or more persons to inspect  such 
land and make a report as to whether there had been any breach of 
the terms and conditions of any sub -lease in respect of such land 
and,  if so, the nature and extent of such breach~ and for this 
purpose, it shall be lawful for the lessee or any pers on authorised by 
him to enter into, and to be in, the land in relation to which such 
breach has been or is suspected to have been committed. 
 
 
1. Subs. by s. 5 of U.P. Act No. 30 of 2016. 

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 (3) Where the lessee or any person authorised by him makes an 
inspection of the land referred to in sub -section (1), he shall record in 
writing his findings on such inspection [a true copy of which shall be 
furnished to the apartment owner by whom such breach of the terms 
and conditions of sub -lease in respect of the land appurtenant to the 
apartment owned by him has been committed (hereinafter referred to 
as the defaulting apartment owner)] and where such findings indicate 
that there had been any breach of the terms and conditions of the sub-
lease in respect of such land, the lessee may, by a notice in writing, 
require the defaulting apartment owner to refrain from committing any 
breach of the terms and conditions of the sub -lease in respect of  such 
land~ or to pay in lieu thereof such composition fees as may be 
specified in the notice in accordance with such scales of composition 
fees as may be prescribed. 
(4) The defaulting apartment owner who is aggrieved by any 
notice served on him by the le ssee under sub -section (3) may, within 
thirty days from the date of service of such notice, prefer an appeal to 
the Court of the District Judge having jurisdiction (hereinafter referred 
to as the District Court), either challenging the finding of the lesse e or 
any person authorised by him or disputing the amount of composition 
fees as specified in the notice, and the District Court may, after giving 
the parties a reasonable opportunity of being heard, confirm, alter or 
reverse those finding or may confirm, reduce or increase the amount of 
composition fees or set aside the notice. 
 
 (5) Where, on the breach of any terms and conditions of any 
sub-lease in respect of any land, any composition fees become payable, 
the defaulting apartment owner shall be deemed to have been guilty of 
such breach and in default of payment thereof it shall be lawful for the 
lessee to recover the amount of the composition fees from the 
defaulting apartment owner as arrears of land revenue. 
(6) Where any composition fees are paid whe ther in pursuance 
of the notice served under sub -section (3) or in accordance with the 
decision of the District Court or a higher court on appeal, no further 
action shall be taken by the lessee for the breach of the terms and 
conditions of the sub -lease in respect of the land in relation to which 
payment of such composition fees has been realised. 
(7) If the defaulting apartment owner omits or fails to refrain 
from committing any breach of the terms and conditions of the sub -
lease in respect of the land or, as the case may be, omits or fails to pay 
the composition fees in lieu thereof 
(i) in accordance with the notice issued by the lessee under 
sub section (3); or 
(ii) where the finding of the lessee or the person authorised 
to inspect the land about any b reach of the terms and 
conditions of any sublease in respect of the land or the amount 
of composition fees specified in the notice issued by the lessee 
are altered by the District Court on appeal or by any higher 
court on further appeal, in accordance wit h the decision of the 
District Court or such higher court, as the case may be; the 
lessee shall be entitled, 
(a) where no appeal has been preferred under sub -section 
(4), within sixty days from the date of service of the notice 
under sub-section (3), or 
 
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 (b) where an appeal has been preferred under sub -
section (4), within sixty days from the date on which the 
appeal is finally disposed of by the District Court or, where 
any further appeal is preferred to a higher court, by such 
higher court,  
to exercise the right of re -entry in respect of the 
undivided interest of the lessee in the land appurtenant to 
the apartment owned by the defaulting apartment owner, 
and where such right of re -entry cannot be exercised except 
by the ejectment of the defaulting apartment owner from his 
apartment, such right of re -entry shall include a right to 
eject the defaulting apartment owner from the concerned 
apartment: 
Provided that no such ejectment shall be made unless 
the defaulting apartment owner has been paid by the lessee 
such amount as compensation for such ejectment as may 
be determined in accordance with the prescribed scales of 
compensation. . 
(8) No appeal preferred under sub -section (4) shall be 
admitted, unless twenty -five per cent of the composition fees 
specified in t he notice served on the defaulting apartment owner 
has been deposited to the credit of the District Court in savings 
bank account to be opened by the District Court in any branch of 
an approved bank: 
 
 Provided that the District Court may, on sufficient c ause 
being shown, either remit or reduce the amount of such deposit, 
and the interest accruing on such deposit, shall ensure to the credit 
of defaulting apartment owner by whom such deposit has been 
made: 
 
 Provided further that the amount of such deposit  together 
with the interest due thereon shall be distributed by the District 
Court in accordance with the decision in such appeal, or where any 
further appeal has been preferred against such decision, in 
accordance with the decision in such further appeal. 
(9) The defaulting apartment owner, who is aggrieved by the 
amount offered to be paid to him under the proviso to sub -section 
(7) as compensation for ejectment from his apartment may, within 
thirty days from the date of such offer, prefer an appeal to the  
District Court and the District Court may, after giving the parties a 
reasonable opportunity of being heard, maintain, increase or reduce 
the amount of compensation. 
(10) On the ejectment of the defaulting apartment owner 
from the apartment under sub-section (7), the lessee by whom such 
ejectment has been made may make a fresh allotment of the 
concerned apartment to any other person on such terms and 
conditions as he may think fit. 
(11) Where any lessee omits or fails to take any action either 
in accordance with the provisions of sub -section (2) or sub -section 
(3) or sub -section (7) the lessor may, in the first instance, require 
the lessee by a notice in writing to take action against the 
defaulting apartment owner under sub section (2) or sub -section (3) 
or, as the case may be, under sub -section (7), within a period of 
ninety days from the date of service of such notice, and in the event 
of the  omission or  failure of the lessee to do so within such period,  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   
386 
 
 
 
 
 
 
 
 
 
 
 
 
 
Purchase or 
person taking 
lease of 
apartments from 
apartment 
owners to 
execute an 
undertaking 
the lessor may himself take action as contained in sub -section (2) 
or sub -section (3) or sub -section (7), and the provisions of sub -
section (4) to sub-section (6) and sub-section (8) to sub-section (10), 
shall, as far as may apply to any action taken by him as if such 
action had been taken by the lessee. 
(12) For the removal of doubts, it is hereby declared that no 
work in any apartment by the owner thereof shall be deemed to be 
a breach of  the terms of the sub -lease in respect of the land on 
which the building containing such apartment has been 
constructed unless the work is prohibited by sub -section (2) of 
section 6. 
10. Notwithstanding anything contained in the Transfer of 
Property Act, 1882 (Act No.4 of 1882), or in any other law for the 
time being in force, any person acquiring any apartment from any 
apartment owner by gift, exchange, purchase or otherwise, or 
taking lease of an apartment from an apartment owner for a period 
of thirty years or more, shall 
(a) In respect of the said apartment, be subject to the 
provisions of this Act; and 
 
 (b) Execute and register an instrument in such form, 
in such manner and within such period as may be 
prescribed giving an undertaking to comply with the 
covenants, conditions and restrictions, subject to which 
such apartment is owned by the apartment owner 
aforesaid. 
Encumbrances 
against 
apartments 
 
11. (1) the owner of each apartment may create any 
encumbrance, only against the apartment owned by him by 
executing an instrument and registering it in the office of the 
registering authority and the percentage of the   undivided   interest   
in  the common areas and  facilities appurtenant to  such apartment 
in the same manner and to the same extent as may be created in 
relation to any other separate parcel of property subject to individual 
ownership: 
 
 Provided that where any such encumbrance is created, the 
apartment in relation to which such encumbrance has been created 
shall not be partitioned or sub-divided. 
(2) In the event of a charge or any encumbrance against two 
or more apartments becoming effective, the apartment owners of the 
separate apartments  may remove their apartments and the 
percentage of the undivided interest in the common areas and 
facilities appurtenant to such apartments from the charge or 
encumbrance on payment of the fractional or proportional amounts 
attributable to each of the apar tments affected and on such 
payment, the apartment and the percentage of undivided interest in 
the common areas and facilities appurtenant thereto shall be free of 
the charge or encumbrance so removed: 
Provided that such partial payment shall not prevent t he 
person having a charge or any of the encumbrance from proceeding 
to enforce the rights, in relation to the amount not so paid, against 
any other apartment and the percentage of undivided interest in the 
common areas and facilities appurtenant to such apartment. 
 
[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   
388 
 CHAPTER–V 
Declaration of building and deed of apartment 
Contents of 
Declaration 
12. (1) The declaration shall be submitted by a promoter in 
the office of the competent authority in respect of a building 
constructed after the commencement of this Act in such form, 
within such period and in such manner as may be prescribed and 
shall contain full and true particulars of the following, namely : 
(a) description of the land on which the building and 
improvements are, or are to be located, and whether the 
land is free hold or lease hold; 
(b) description of the building stating the number of 
stories and basements, the number of apartments and 
principal materials of which it is or is to be constructed; 
(c) the number of each apartment and a statement of 
its location, approximate area, number of rooms and the 
immediate common area to which it has a ccess and any 
other data necessary for its proper identification; 
(d) description of the common areas and facilities; 
(e) description of the common areas and facilities if any, 
stating to which apartments, their use is reserved; 
(f) value of the property a nd of each apartment, and the 
percentage of undivided interest in the common areas and 
the facilities appertaining to each apartment and its owner 
for all purposes, including voting; 
 (g) particulars of encumbrances, if any, on the property 
of apartment and its undivided interest at the date of the 
declaration; 
(h) such other particulars as may be prescribed. 
[Provided that such declaration shall not be required for 
the buildings completed prior to commencement of the Uttar 
Pradesh Apartment (Promoton of Construction, Ownership 
and Maintenanc) (Amendment) Act, 2016. 
Provided further that the amended declaration shall not 
be required to be filled every time whenever a plan is 
amended or revi sed after obtaining the permission of the 
prescribed sanctioning authority but, the final declaration 
shall be filled at the time of applying for completion fully or 
partially of the project as the case may be.]1 
(2) The declaration referred to in sub-section (1) may be 
amended under such circumstances and in such manner as may be 
prescribed. 
Registration of 
Deed of 
Apartment 
[13. No promoter or an apartment owner shall transfer or 
hand over the possession of any apartment constructed after the 
commencement of the Uttar Pradesh Apartment (Promotion of 
Construction. Ownership and Maintenance) Act, 2010 without 
executing an appropriate transfer deed and also getting it registered 
under the provisions of the Registration Act, 1908.]2 
 
1. Ins. by s. 6  of U.P. Act No. 30 of 2016. 
2. Subs. by s. 7  of  U.P. Act No. 30 of 2016. 

[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   
390 
 CHAPTER–VI 
Association of Apartment Owners and Bye-laws for the 
Registration of the affairs of such Association 
Association of 
apartment owners 
and bye-laws 
relating thereto 
14. (1) There shall be an Association of Apartment Owners 
for the administration of the affairs in relation to the apartments 
and the property appertaining thereto and for the management of 
common areas and facilities : 
Provided that where any area has been d emarcated for the 
construction of buildings, whether such area is called a block or 
pocket or by any other name, there shall be a single Association of 
Apartment Owners in such demarcated area. 
 [(2) It shall be the joint responsibility of the promoter an d 
the apartment owners to form an Association. The promoter shall 
get the Association  registered  when  such  number  of  apartments  
have been handed over to the owners which is necessary to form an 
association or sixty percent of apartments, whichever i s more, by 
way of sale, transfer or possession provided the building has been 
completed along with all infrastructure services and completion 
certificate obtained from the concerned local authority: 
Provided that in case of an independent area or an 
independent commercial area the promoter may form a separate 
Association for its management, if required.]1 
(3) In a case, where an association of the apartments owners 
of a building has not been formed, on the intended date of execution 
of a deed of apartment i n. favour of prospective apartment owner, it 
shall be obligatory for a prospective apartment owner to become 
member of the association within a period of 4 weeks on receipt of a 
written intimation about the formation of such association. 
(4) Where an assoc iation of an apartment owners exist on 
the intended date of transfer of an apartment, it will be obligatory 
for the prospective apartment owner to become member of such 
association before execution of a deed of an apartment in his 
favour. 
(5) On formation of the Association of the Apartment Owners 
under sub -section (2) above, the management of the affairs of the 
apartments regarding their common areas and facilities shall be 
deemed to be transferred from the promoter to the Association 
which shall thereupon maintain them: 
Provided that till all the apartments are sold or transferred, 
the promoter shall proportionately share the maintenance cost of 
common areas and facilities. 
[Provided further that the amount collected by the promoter 
towards interest-free maintenance security shall also be transferred 
to the Association at the time of handing over of the common areas 
and facilities.]2 
 (6) The Government may by notification in the gazette frame 
model bye laws in accordance with which property referred to in 
sub-section (1) shall be administered by the Association of 
Apartment Owners and the Association shall, at its first meeting, 
make its bye-laws in accordance with the model bye-laws so framed, 
and in making its bye -laws the Association of Apartment Owne rs 
shall not make any departure from, variation of, addition to, or 
omission from, the model bye -laws aforesaid except with the prior 
approval of the competent authority. 
 
 
1. Subs. by s. 8 (a)  of U.P. Act No. 30 of 2016. 
2. Ins. by s. 8 (b) of U.P. Act No. 30 of 2016. 

[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   
392 
 (7) The model bye -laws framed under sub -section (5) shall 
provide for the following, among other matters, namely: 
(a) the manner in which the Association of Apartment 
Owners is to be formed; 
(b) the election, from among apartment owners, of a Board 
of Management by the members of the Association of Apartment 
Owners; 
(c) the number of apartment owners constituting the Board, 
the composition of the Board and that one -third of members of 
the Board shall retire annually; 
(d) the powers and duties of the Board; 
(e) the honorarium, if any, of the members of the Board; 
(f) the method of removal from office of the members of the 
Board; 
 
 (g) the powers of the Board to engage the services of a 
Manager;  
(h) delegation of powers and duties of the Board to such 
Manager; 
 
 (i) method of calling meetings of the Association of 
Apartment Owners and the number of members of such 
Association of Apartment Owners; 
(j) election of a President of the Association of Apartment 
Owners from among the apartment owners, who shall preside 
over the meeting of the Board and of the Association of 
Apartment Owners; 
(k) election of a Secretary to the Association of Apartment 
Owners from among the apartment owners, who shall be an ex-
officio member of the Board and shall keep two separate minutes 
books, one for the Association of the Apartment Owners and the 
other for the Board, pages of each of which shall be consecutively 
numbered and authenticated by the President of the Association of 
Apartment Owners, and shall. record, in the respective minutes 
books, the resolutions adopted by the Association of Apartment 
Owners or the Board, as the case may be; 
(1) election of a Treasurer from among the apartment 
owners, who shall keep the financial records of the Association of 
Apartment Owners as also of the Board; 
(m) maintenance, repair and replacement of the common 
areas and facilities and payment therefor; 
(n) manner of collecting from the apartment owners or any 
other occupant of apartments, share of the common expenses; 
(o) resignation and removal of persons employed for the 
maintenance, repair and replacement of the common areas and 
facilities; 
(p) restrictions with regard to the use and maintenance of 
the apartments and the use of the common areas and facilities, 
as may be necessary to prevent unreasonable interference in the 
use of each apartment and of the common areas and facilities by 
the several apartment owners; 
(q) any matter which may be required by the Competent 
Authority to be provided for in the bye -laws for the proper or 
better administration of the property; 
(r) such other matters as are required to be, or may be, 
provided for in the bye-laws. 
[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Mai

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