The Tamil Nadu Apartment Ownership Act, 1994 (1995)

What the law covers

The Tamil Nadu Apartment Ownership Act, 1994 applies throughout Tamil Nadu from dates appointed by the Government through notification, which may differ between areas. It covers apartments in buildings constructed before or after commencement where:

• The building contains five or more apartments, or has three or more floors.
• Construction complies with a planning permit and a building plan sanctioned by the appropriate authority.

An apartment may be intended for residence, an office, professional practice, trade, business or another independent use. It must have direct access to a public street, road or highway, or to a common area leading to one.

Ownership and transfer

The Tamil Nadu Apartment Ownership Act, 1994 treats each apartment and its associated undivided interest in common areas as immovable property. Key provisions include:

• An apartment may be sold, mortgaged, leased, gifted, exchanged, bequeathed or otherwise transferred.
• The owner has exclusive ownership and possession according to a duly executed and registered Deed of Apartment.
• An apartment owner includes an outright purchaser or hire purchase allottee who owns the apartment and the relevant undivided interest.
• The share in common areas is calculated using the apartment's plinth area in relation to the total plinth area of the building.

Common areas and owner responsibilities

The Tamil Nadu Apartment Ownership Act, 1994 identifies common areas as including the land, structural elements, roofs, corridors, stairs, terraces, parking areas, gardens, water and drainage connections, elevators, tanks, pumps, fire alarms and other installations intended for common use.

• The percentage of each owner's undivided interest stated in the Deed of Apartment cannot be changed without every apartment owner's consent.
• The undivided interest cannot be separated from the apartment or divided through a partition action.
• Owners may use common areas for their intended purposes without obstructing or encroaching on other owners' lawful rights.
• Maintenance, repairs, replacement and improvements must follow the Act and the applicable bye-laws.
• Owners must comply with the Deed of Apartment, covenants, conditions, restrictions and bye-laws. Breach may lead to claims for unpaid sums, damages or an injunction.

Deeds and collective management

The Tamil Nadu Apartment Ownership Act, 1994 requires the Deed of Apartment to identify the land, building, apartment, approximate plinth area, rooms, access and common areas. The Act also provides for registration of the deed and floor plan, apartment owner societies or associations, insurance, common profits and expenses, separate assessment and liability for unpaid common expenses.