Memorandum of Legislation Proposed to Provide for Apartment Ownership Act in Repeal of the Tamil Nadu Apartment Ownership Act, 1994 (Tamil Nadu Act 7/1995)
The Housing and Urban Development Department published a proposed Tamil Nadu Apartment Ownership Act, 2022, intended to repeal and replace the Tamil Nadu Apartment Ownership Act, 1994 (Tamil Nadu Act 7 of 1995), and invited public comments by 11 April 2022. The supplied memorandum does not state a government order number or issue date, and the proposal says commencement would occur on dates notified by the State Government, potentially on different dates for different areas.
What the proposal covers
The Housing and Urban Development Department's memorandum proposes apartment ownership legislation extending across Tamil Nadu. It would apply to every apartment in a project, whether constructed before or after commencement.
An apartment includes a flat, dwelling unit, office, showroom, shop or other separate, self contained part of immovable property used for residential, commercial or related purposes. A building is defined as containing four or more apartments.
What it means for ownership
The proposed Tamil Nadu Apartment Ownership Act, 2022 would provide that:
- Each apartment owner has exclusive ownership and possession of the apartment.
- The apartment and its undivided interest in common areas and facilities form heritable and transferable immovable property.
- The apartment and its attached percentage of undivided interest cannot be partitioned or subdivided.
- An apartment owner includes an outright purchaser, a hire purchase allottee, and a person holding a lease for 30 years or more.
Declarations and shared property
The proposed Tamil Nadu Apartment Ownership Act, 2022 requires the promoter, society or majority of apartment owners, as applicable, to execute and register a declaration with the competent authority within a period to be prescribed. The competent authority is the Regional Deputy Registrar of Co operative Societies (Housing) having jurisdiction over the area.
Common areas and facilities listed in the memorandum include staircases, lifts, entrances, exits, basements, terraces, parks, play areas, open parking, common storage, central services, water tanks and other portions needed for maintenance, safety or common use. Limited common areas may include reserved car parking, exclusive balconies, verandahs and open terraces designated for particular apartments.
Who may be affected
The proposed framework is relevant to apartment buyers, existing owners, long term lessees, promoters, housing societies, associations and later purchasers. Its listed provisions also address:
- Formation of apartment owner associations and federations for phased projects.
- Redevelopment, insurance, damage or destruction, accounts and common expenses.
- Maintenance and replacement of common facilities.
- Liability of vendors for unpaid common expenses.
- Compliance by owners and tenants, penalties, control and supersession.
Public comments were invited by email to [email protected] or by post to Thiru S. Veeramani, Additional Secretary, Housing and Urban Development Department, Secretariat, Chennai 9, by 11 April 2022.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Was the proposed Tamil Nadu Apartment Ownership Act, 2022 already in force?
The memorandum is a legislative proposal circulated for public comments. It states that the Act would commence on a date notified by the State Government, with different dates possible for different areas.
Would the proposal cover apartments built before commencement?
Yes. The proposed Tamil Nadu Apartment Ownership Act, 2022 says it would apply to every apartment in a project constructed before or after commencement.
Can an apartment be sold or inherited together with its undivided land interest?
The proposal treats an apartment and its undivided interest in common areas and facilities as heritable and transferable immovable property. It does not allow the apartment or its attached percentage of undivided interest to be partitioned or subdivided.
Who must register the declaration for an apartment project?
The promoter, society or majority of apartment owners, depending on the circumstances, must execute and register the declaration with the competent authority within a period to be prescribed.
