lThe Chandigarh Apartment Rules, 2001 Note: These Rules have baon repealed vide Notification No. 36/61116/ UTFI(4)/6213 dated 1-10-2007 at page 179 7 No: 36/6/1l6/UTFI(4)-2001/9799. - In exercise of the powers conferred by Section 3 and 22. ofthe Capital ofPunjab (Development and Regulation) Act, 1952 as adapted by the Punjab Reorganization (Chandigarh) adaptation of Laws on State lind Concurrent Subjects) Ord er. 1968 and all other powers enabling him in thi s behalf, the Admlnlstrator, Union Territory, Chandlgarh, is pleased to make the following rules, namely:-
1. (i) The rules shall be ca lled " The Cbundignrh Apartlllcllt Rules, 2001".
(ii) They shall come into force immediately and apply to the Union Territory, Chandigarh.
2. Definitions:
(8) "Apartment" means each sub-division ofa building dilly recognized by the Estate Officer. alongwith the proportionate share in common areas . and common facilities, as well as any other property rights appurtenant thereto, shall constitute an Apartment.
(b) "Buildlng" means any construction or part ofconstruction or proposed construction in Chandigarh as defined in Clause (x) of Rule 2 of the Punjab Capital (Development and Regulation) Building Rules, 1952.
(c) "BuildingRegulations" means the Building regulations refer to the rules, directions and orders under the Capital ofPunjab (Development and Regulation) Act, 1959. .
(d) "Common areas and common facilities" means the common areas ami common faclllties in relation to a buildingshall include the land covered by the building and all easements, right. of access and other similar rights belonging to the land and the building. The common structures such as foundations, columns. beams. supports, main valves, common roofs, corridors. staircases, fire escapes, entrances and exits of the building. Such parking areas, passages, driveways. gardens, storage spaces, spaces for security, as are required or specifi ed for common usc. Installations ofcommon services such as power, light, gas. water heating refrigeration, air conditioning, sewerage. elevators, tanks, pumps, ducts and such other common facilities as lIlay be prescribed from time to time. All other parts of the building and land necessary for maintenance, safety and common usc.
(e) "Lessee" means the lessee of a s ite or building in terms of the Chandigarh Lease Hold ofSites and Buildings Rules, 1973.
(f) "Owner" means the owner of a site or building in terms of the Chandigarh (Sale ofSites and Buildings) Rules, 1960. or in terms of any Other allotment or conveyance of freehold ownership rights on Immovable property by Chandigarh Administration. .
(g) Under the context otherwise requires, the words and expressions used in these rules shall have the meaning assigned to them in the Capital of -----------.--- - I. Published In Chnndigarh Adm inlstra ric n Ouz. (EMlm)dated 20-12-200 I ld page 2179 [232] . .
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Chandigarh Ap~rtmel\tRules, 200 I 233 Punjab (Development and Regulations) Act, 1952 and the rules made thereunder.
3. Sub-division ofBuilding:
(1) Every building subject to the provisions ofthe Capital or Punjab (Devel opment and Regulation) Act, 1952 and the separate and independent units in ac cordance with these rules. Each such sub-division of a building shall be recog nized as a distinct, identifiable property to which the owner lessee shall have title along with prortionate rights in the declared common areas and common facili ties.
Each sub-division along with common areas, common facilities, rights ofaccess easements and other ownership rights shall constitute a single, distinct ident ified, property which may be used transferred or disposed by the owner/lessees in ac cordance with the applicable law and rules.
(2) A building may be sub-divided through a declaration made by the own ers/lessees to the Estate Officer in the prescribed form (Form- D). The Estate Officer shall, ifhe is satis fied with the completeness and correctness of informa tion provided with the declaration and after, having the building inspected, if'nec essary, recognize the sub-divisions oflhe building and the owners/lessees thereof, upon payment ofsuch fee as may be notified by the Administration from time to time.
The recognition of each sub-division as an apartment by the Estate Officer under these rules shall be accorded by wayofa fresh letter ofallotment or a fresh conveyance deed, as the case may be, in suppression of the previous letter of allotment or conveyance deed . Such letter-of deed shall recognize the ownersl lessees of the apartment as the ownersllessees thereof, who shall be liable to comply with all the provisions ofthe Capital ofPunjab (Development and Regula tion) Act, 1952, and rules and regulations and orders framed thereunder. All the covenant and Ilabilities contained in the original allotment letter and in the conver ance deed pertaining to the building or site, shall be construed to be contained III the subsequent letter or deed , as the ease may be, even though no specific men tion may have been made therein.
(3) Each sub-division, after it has been recognized as an apartlllcnt by the Estate Officer, consequent upon the filing ofpreseribed declaration, shall be the sole and exclusive property ofthe declared owners/lessees. Such owners/lessees shall be fully and exclusively responsible and liable for complying with all provi sions ofthe Capital ofPunjab (Development and Regulation) Act, 1952, rules and orders framed thereunder, and covenants of the allotment letter and conveyance deed pertain-ingto the site or the building. All these provisions of'rulcs, orders and covenants shall apply, pari passu , to the apartment and to the owners/lessees thereof, as they did and would have, to the site or building and the owners/lessees thereof.
(4) Each apartment shall be entitled to separate utility connections such as water supply, sewerage and _electricity, subject to building regulations.
(5) Where sub-divisions ora building with more than one storey have been allotted, sold or leased by the Estate Officer, the Estate.Officer may after giving notice to the owners/lessees ofsuch sub- divisions, declare such sub-divisions as apartments, to which the provisions ofthese rules shall apply. .
4. Sub-Division ofResidential Bllildings: .
(1) Any residential building situated on a plot size ofless than 1400 square yards may be sub-divided into separate dwelling units with not more than one dwelling unit on each floor oftile building. Eacll such dwelling unit shall constitute a sub-division. J 234 Chandigarh Apartment Rules, 2001
(2) The basement, Ifany, allowed ill II residentlal building shall not constitute a separate sub-division . The basement shall form a part ofthe sub-divisions on the ground floor. In case more than one sub-division is allowed on the ground. each such sub-d ivision may have a separate basement ifbuilding regulations so permit.
Except in the case where the basement provides for facilities such as parking area at the end or other plant "",.I equipment required for apartments in the build ing, the basement or portions therein may constitute a part of the sub-division on floors , other. ground floor,
(3) T he garage, servant quarters, outhouse, mali hut, store, open spaces etc.
not forming part of the main residential building shall not fonn a separate sub division(s) and shall form part of one or more of the apartments of the main building.
(4) A residential building ona plot of 1400 square yard or more may be sub divided into two dwelling units on each floor provided that building regulations so permit. ' S. Sub-Division of commercial properties: " (I) Shop-cum-offices and shop-cum-flats may be sub-divided into a com mercial unit on the ground floor, and a separate unit on each of'the upper floors of the appropriate category.
(2) When: II ground floor partition is allowed in a S.C.O. or S.C.F. such SeQ or S.C.F. may be sub-divided into more than one sub-division on the ground floor, provided that each sub-division conforms with the Building Regulations, and provided that not more than one sub-division shall be allowed in each bay. As regards upper floors used for commercial purposes, each floor may be sub-di vided provided that there is 1I0t more than OIW sub-division for each bay on the upper floors. .
(3) The basement of any s.c.a. or S.C.F. shall not constitute a separate sub-division lind shall form part ofone ofthe sub-divis ions whether a commercial unit or a dwelling unit, provided that no change of use for the basement shall be allowed.
6. Sub-DIVis/orr o[Industrial Buildin/fs:
No sub-dlvlslcn ofindustrial buildings shall be allowed.
7. Declaration as regards Sub-division ofBul/dillg :
(1) The owners or lessees ofany building, may file a declaration intend ing to sub-divide the building in accordance with these rules and the building regulations.
This declaration shall be in the prescribed fonn (Form D), and shall be submitted to the Estate Officer. A decision as regards sub-division of the building shall be taken within 60 days ofthe submission ofthe declaration.
(2) Any permiss ion for sub-division shall not amount to regu larization ofany contravention or violation cf'any building regulations. '
(3) The declared owners/lessees of'the sub -division shall be liable for com p1ring with all rules and regulations framed under the Aet and by notifications in this regard, from time to time.
8. Common areas and common facilities:
(1) Every declaration for sub-division ofa building shall contain the complete details regarding the common areas and common facilitic». These may be used by all the owners/lessees and occupiers ofthe building equally, and without hindrance, subject to reasonable restrictions to ensure privacy and common access to all owners/lessees and occupies.