The Tamil Nadu Apartment Ownership Rules, 1997

What the rules govern

The Tamil Nadu Apartment Ownership Rules, 1997 provide the administrative framework for recording apartment ownership under the Tamil Nadu Apartment Ownership Act, 1994. They come into force on the date of publication in the Tamil Nadu Government Gazette.

The rules govern how common areas and facilities are identified, how an apartment owner formally submits an apartment to the Act, and how an apartment society or association approves fees.

Who is affected

The Tamil Nadu Apartment Ownership Rules, 1997 are relevant to apartment owners executing a Deed of Apartment, sole owners or groups of owners submitting property to the Act, and societies or associations of apartment owners collecting fees.

The prescribed deed also records matters relevant to ownership and administration, including individual flats, undivided interests, common facilities, voting percentages and approved uses.

Key provisions

The Tamil Nadu Apartment Ownership Rules, 1997 provide that:

• Common areas and facilities must be located on land earmarked for the apartments and declared as common areas and facilities in the Deed of Apartment.
• The Deed of Apartment must follow Form 1 appended to the rules.
• The apartment owner must execute the deed and verify it in the presence of a Magistrate or another person competent to administer an oath.
• The deed must be filed with the competent authority within 30 days from execution, unless the competent authority permits a longer period.
• A society or association of apartment owners may collect fees approved by a majority of its members.

Information recorded in the deed

Form 1 under the Tamil Nadu Apartment Ownership Rules, 1997 calls for details of the owner, the apartment and the document through which title was obtained. It also covers:

• Survey number, address and boundaries of the land.
• Leasehold details, where applicable.
• Local body or planning authority approval.
• Floor, flat number, plinth area, undivided share and approved use.
• Common and restricted common areas and facilities.
• Amenities such as parking areas, water tanks, electrical rooms, lifts and swimming pools, where applicable.
• Each apartment owner's percentage interest in common areas, common expenses and amenities.
• Each apartment owner's eligible voting percentage.

The form notes that an apartment's undivided share is calculated by comparing its plinth area with the total plinth area of the buildings. It also provides for apartments to be conveyed and registered as individual properties, together with the specified undivided interest in common areas and facilities.