Disclosures to be made by promoter.

§3

Summary

(1) Notwithstanding anything contained in any other law for the time being in force, a promoter who intends to construct or is constructing or constructs a block or building of flats, which is not for his personal use, shall, in all transactions with persons intending to take or taking one or more of such flats, be liable to give or produce, or cause to be given or produced, the information and the documents mentioned hereinafter in this section and also as may be prescribed. (2) A promoter, who constructs or is constructing or intends to construct such block or building of flats, shall,- (a) make full and true disclosure of the nature of his title to the land on which the flats are constructed or are to be constructed; such title to the land as aforesaid having been duly certified by an Attorney-at-law, or by an Advocate of not less than three years standing, and having been duly entered in the property card or extract of Village Forms VI or VII and XII or any other relevant revenue record : Provided that, if such land is owned by another person, a duly registered copy of the agreement or Power of Attorney, as the case may be, by which the owner, including his legal heirs, executors and administrators, of such land has granted to the promoter or assigns the development rights of the real estate project, shall also be disclosed; (b) make full and true disclosure of all encumbrances on such land, including any right, title, interest or claim of any party in or over such land; (c) make full and true disclosure of his enterprise details such as name, registered address, type of enterprise, registration details under which it is registered; (d) disclose the name and address of the architect, structural engineer and contractor including turn-key contractor, if any, retained for construction of the building or flats; (e) disclose the information relating to the number and size of plots, layout plan, carpet areas, and utility areas of the flat, Floor Space Index or the Transfer of Development Rights or additional Floor Space Index consumed in the building of which flats are under sale and limited common areas and facilities of the building and common areas and amenities and facilities of the layout proposed to be provided therefor; (f) give inspection, on seven days' notice or demand, of the plans, structural design and specifications of the building in which flats are being offered for sale or are being marketed, built or to be built on the land, duly certified by an Architect till such time as they are approved by the local authority, and when such plans and specifications, having been approved by the local authority, which he is required to do under any law for the time being in force, then such approved plans and specifications; (g) disclose the building-wise time schedule of completion of each phase of the project which shall always be subject to force majeure event; (h) disclose the time schedule for connecting the project with the municipal services such as sewerage, water supply, electricity, drainage, and the like, as applicable, which shall always be subject to force majeure event; (i) disclose the nature of fixtures and fittings with regard to the flooring and sanitary fittings and the provision for one or more lifts provided or to be provided, with particulars in respect of the brand of the items of fixtures, fittings and lift if they are branded or otherwise the price range of the items, if not branded; (j) disclose on reasonable notice or demand, if the promoter is himself the builder, the prescribed particulars in respect of the design, the type of concrete, the materials to be used in the construction of the building and the technology, prefabricated, precast, earthquake resistant, and the like, and if the promoter is not himself the builder, disclose, on such notice or demand, all agreements, and where there is no written agreements, the details of all agreements, entered into by him with the architect, structural engineer and contractors including turn-key contractors, regarding the prescribed particulars in respect of design, materials and construction of the building; (k) specify in writing the date by which possession of the flat with all the amenities is to be handed over; (l) prepare and maintain a list of flats with their numbers built or to be built; (m) prepare and maintain list of parking spaces provided or to be provided, and identified by separate numbers; (n) state in writing, the nature of the organization of persons to be constituted and to which title is to be passed, and the terms and conditions governing such organization of persons, who have taken or are to take the flats; (o) display or keep all the documents, plans or specifications or copies thereof referred to in clauses (a), (b), (c), (d), (e) and (f) at the site and at the promoter's registered office and permit inspection thereof to persons intending to take or taking one or more flats; (p) disclose the names, addresses and contact numbers of the agents, property dealers, brokers or middlemen, if any, by whatever name called, duly authorized by the promoter; (q) give such other information and documents as may be prescribed. (3) In case of a layout, in addition to the provisions of sub-section (2), the promoter shall also disclose,- (a) the phase-wise layout plan of the housing project; (b) the plan of phase of the development works in which flats for sale is marketed in the project; (c) the details of the parts of the colony or apartments and the appurtenant areas that are intended to be kept as common areas, amenities and facilities of layout in respect of the phase being offered for sale or marketed; (d) aggregate area in square meters of the parks, recreational grounds, gardens and play-grounds in a layout.

(1) Notwithstanding anything contained in any other law for the time being in force, a promoter who intends to construct or is constructing or constructs a block or building of flats, which is not for his personal use, shall, in all transactions with persons intending to take or taking one or more of such flats, be liable to give or produce, or cause to be given or produced, the information and the documents mentioned hereinafter in this section and also as may be prescribed. (2) A promoter, who constructs or is constructing or intends to construct such block or building of flats, shall,- (a) make full and true disclosure of the nature of his title to the land on which the flats are constructed or are to be constructed; such title to the land as aforesaid having been duly certified by an Attorney-at-law, or by an Advocate of not less than three years standing, and having been duly entered in the property card or extract of Village Forms VI or VII and XII or any other relevant revenue record : Provided that, if such land is owned by another person, a duly registered copy of the agreement or Power of Attorney, as the case may be, by which the owner, including his legal heirs, executors and administrators, of such land has granted to the promoter or assigns the development rights of the real estate project, shall also be disclosed; (b) make full and true disclosure of all encumbrances on such land, including any right, title, interest or claim of any party in or over such land; (c) make full and true disclosure of his enterprise details such as name, registered address, type of enterprise, registration details under which it is registered; (d) disclose the name and address of the architect, structural engineer and contractor including turn-key contractor, if any, retained for construction of the building or flats; (e) disclose the information relating to the number and size of plots, layout plan, carpet areas, and utility areas of the flat, Floor Space Index or the Transfer of Development Rights or additional Floor Space Index consumed in the building of which flats are under sale and limited common areas and facilities of the building and common areas and amenities and facilities of the layout proposed to be provided therefor; (f) give inspection, on seven days' notice or demand, of the plans, structural design and specifications of the building in which flats are being offered for sale or are being marketed, built or to be built on the land, duly certified by an Architect till such time as they are approved by the local authority, and when such plans and specifications, having been approved by the local authority, which he is required to do under any law for the time being in force, then such approved plans and specifications; (g) disclose the building-wise time schedule of completion of each phase of the project which shall always be subject to force majeure event; (h) disclose the time schedule for connecting the project with the municipal services such as sewerage, water supply, electricity, drainage, and the like, as applicable, which shall always be subject to force majeure event; (i) disclose the nature of fixtures and fittings with regard to the flooring and sanitary fittings and the provision for one or more lifts provided or to be provided, with particulars in respect of the brand of the items of fixtures, fittings and lift if they are branded or otherwise the price range of the items, if not branded; (j) disclose on reasonable notice or demand, if the promoter is himself the builder, the prescribed particulars in respect of the design, the type of concrete, the materials to be used in the construction of the building and the technology, prefabricated, precast, earthquake resistant, and the like, and if the promoter is not himself the builder, disclose, on such notice or demand, all agreements, and where there is no written agreements, the details of all agreements, entered into by him with the architect, structural engineer and contractors including turn-key contractors, regarding the prescribed particulars in respect of design, materials and construction of the building; (k) specify in writing the date by which possession of the flat with all the amenities is to be handed over; (l) prepare and maintain a list of flats with their numbers built or to be built; (m) prepare and maintain list of parking spaces provided or to be provided, and identified by separate numbers; (n) state in writing, the nature of the organization of persons to be constituted and to which title is to be passed, and the terms and conditions governing such organization of persons, who have taken or are to take the flats; (o) display or keep all the documents, plans or specifications or copies thereof referred to in clauses (a), (b), (c), (d), (e) and (f) at the site and at the promoter's registered office and permit inspection thereof to persons intending to take or taking one or more flats; (p) disclose the names, addresses and contact numbers of the agents, property dealers, brokers or middlemen, if any, by whatever name called, duly authorized by the promoter; (q) give such other information and documents as may be prescribed. (3) In case of a layout, in addition to the provisions of sub-section (2), the promoter shall also disclose,- (a) the phase-wise layout plan of the housing project; (b) the plan of phase of the development works in which flats for sale is marketed in the project; (c) the details of the parts of the colony or apartments and the appurtenant areas that are intended to be kept as common areas, amenities and facilities of layout in respect of the phase being offered for sale or marketed; (d) aggregate area in square meters of the parks, recreational grounds, gardens and play-grounds in a layout.

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