Keyword(s):
Apartment, Apartment Number, Apartment Owner, Association of Apartment
Owners, By-Laws, Common Areas
The following Act of the Tamil Ncd~Legislative Assembly received the assent
of the President on the 6th April 1995 and is hereby pubiisl~edfor general
information :-
ACT No. 7 OF 1995.
An Act to provide for the ownership 8f on indil~idualapartmenl fn in b~rildlnin~and to
-make such apartment heritable and transfera61e immovable propcrfy.
WHEREAS with a view to securing that thc O\flncrshipand control 01 tl~inaterial
resources of the community are so distributed as to subserve the coninion good,
it is expedient to provide tor the onlnership of an individual apartnlznt in a
building and of n1.i undivided interest in the conimon Rreac anti facilities ap wte-
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or incidental thereto ;
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nant to such apartment, .and to make sucl? apartment and Inter.;[ ilc;;i;blcd.na
transferable immovable property and to provicle for niatters cnnnected therewith
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~Forty-fifthYear of the Reblrblic ot India as follows :-
CHAPTER I.
BE it enacted by the Legislatiw Assembly of the State of ~;l,\lilPl.1.:~ in the
extent and
~mc9rsmcnt.
- ;(I) ThislAct may be called.the Tamil Nadu Apartment O\.~~ersl~ip ~ct,SMrt title,
f-994.
(2) It extends to tlie whole 01 the State of Tamil Nadu
(3) It shall come into foice on such date as the Government .may, .by
notification, appoint and different dates may be appointed for dikerent areasD - This Act shall apply to every apartment in a building constructed whether ~ppli~tbof
tbisAct.
before or after the date ot the commencement of this Act :
Provided that such building shall contain five or more apartments or thr&:or
more floors ai~dcoilstructioll of such building bas been made in accordance witb
a;planning permit and also a building plan duly sanctioned by the nppropikte
authority concerned under the relevant law for the time being in force. - In this Act, unless the context otherwise requires,-
(c) “apartment ” %leans a part of the property intended for any of
independent use including one or more rooms or enclosed spaces located Rm
or more floors (or part or parts thereof) in a building, Intended to be used lor
residence, ‘bfBce,practice bf any profession or for carrying on any occupation,
trade ori~hsinessor fdr any other type of independent use and with a dfWF Wt
to a public street, road or highway or to a common area leading to such rtreet,
road or highway.
Explanation.-For the purposes of this clause, an apartment shall be deemed
totbe intended tor independent use notwithstanding that provision for saaitary,
washing, bathing or other conveniences have been made as common for two or
more apartments ;
(b)”apartmei~t numb; r” means the number, letter, or combination
thereof designating tke apartment in the Ceed of Apartment ;
.(c) <((apartment’swner'” means the person or persons owning an apartment
ard an urdivided interes in rhe comnlon areas and facilities or the limited commda
area\ ir*d facilitics in the percell’age jpccificd in thc Deed of Apartment and
ircludes an outright purchaser or a hire purcka-e allottee of such ,apartment 8nd
undivided in tere:\t;
(d) “~mcici’ationof’Ayhtmert t~v~ers ‘ means aIJ of the aparcrent
o\ivnErs’Rctingias.agt~up~in~accbtdance with he b?-laws;
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TAMII, NAI>U GOVERNhlENT GAZETTE EXTRAORDINARY
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ii)’. buil;’rn):” nlt:aml-,:t I>uildi~l;,(o~itaiiny fivc or nwrc apartments or three oc IILOTUt1001s an(1C~II-IL)I.IIIS ;I p;~ri01 ;L property ;
(.I)”by-laws” aeans the by-laws for the time being in force of’ the society .
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or Associlition of Apartment owners and includes an amendment of such by-laws ;
(g! “committce” means the board or the governing body of the society
or Association of Apartment o\$ners to which ,the management of its affairs is
entrus*.ed;
(I.)”co~l~nionareas and facilities” u~lless otherwise provided in the Deed
ofApartment, mcanb-
(1) the land on which the building is located ;
(2) the foundations, colt~n;ns,girders, beams, supports, rnain walls, roofs,
halls, ,.c)~.ridors,lobbies, sto~rs,stair\vaqs, terrace, compound ~alls,fire escapes,
%ells :.id sun:ps and elitrar.ces acd exits of the bullding ;
(3) the l)asements, cellars, yards, gardens, parking areas and storage
spaces ;
(4) the premises for the lodging of caretakers or persons employed for the
maintenance of the property ;
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