(1) The provisions of this Act shall apply to all apartments or buildings converted into apartments irrespective of whether their construction made before or after Short title,extent and commencement.
Applicability.
2 the date of commencement of this Act on a free hold land or on a lease hold land, if the lease for such land is for a period of thirty years or more including the sub-lease.
(2) All apartments used or proposed to be used for residence, office, practice of any profession or for carrying on any occupation, trade or business or for any other type of independent use shall be governed by the provisions of this Act.
(3) The provisions of this Act shall not apply to a building used for the purpose of holding office or otherwise of a Department of Government or of a Government undertaking or where the building is owned and used by the owner by himself or for letting it out to others.
3. In this Act, unless the context otherwise requires,–
(a) “allottee" in relation to an apartment means the person to whom an apartment has been allotted, sold or otherwise transferred by the promoter and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise, but does not include a person to whom such apartment is given on rent;
(b) "apartment" means a part of any property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or any part or parts thereof, in a building intended to be used for residence or office or for the practice of any profession or for carrying on any occupation, trade or business or for any other type of use ancillary to the purpose so specified;
(c) “apartment number” means the number, letter or combination thereof designating the apartment in the declaration;
(d) “apartment owner” means the person or persons owning an apartment and an undivided interest in the common area and facilities appurtenant to such apartment and shall include a promoter in respect of the apartments which have not been allotted, sold or otherwise transferred;
(e) “association of allottees” in relation to apartment means an association of allottees formed or deemed to have been formed under section 15 consisting of all the allottees of the project acting as a group in accordance with the provisions made in byelaws for association of allottees;
(f) “Appellate Authority” means the Appellate Authority appointed under section 25;
Definitions.
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(g) "building" means a building constructed on any land containing two or more apartments or two or more buildings in any area designated as a block, pocket or otherwise, each containing two or more apartments in all such buildings;
(h) “bye-laws” means by-laws made by the association of allottees in accordance with the provisions of this Act and the rules;
(i) “common areas and facilities” means,—
(i) the entire land of the project or where the project is developed in phases, the entire land for that phase as approved by the Odisha Real Estate Regulatory Authority constituted under the provisions of the Real Estate (Regulation and Development) Act, 2016;
(ii) the stair cases, lifts, staircase and lift lobbies, fire escapes, and common entrances and exits of buildings;
(iii) the common basements, terraces, parks, play areas, open parking areas and common storage spaces;
(iv) the premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staffs or for the lodging of community service personnel;
(v) installations of central services such as electricity, gas, water and sanitation, air-conditioning and incinerating, system for water conservation and renewable energy;
(vi) the water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installations for common use.
(vii) all community and commercial facilities as provided in the project;
(viii) all other portion of the project necessary or convenient for its maintenance, safety etc., and in common use;
(ix) rain water harvesting structures, solid waste management, composting pits and plantation or such other uses as may be notified by the State Government, from time to time;
(j) “common expenses” means,–
(i) expenses declared as common expenses by the provisions of this Act or by declaration or by the bye-laws;
16 of 2016.
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(ii) all sums assessed against the apartment owner by the association of allottees or by the competent authority;
(iii) expenses of administration, maintenance, repair or replacement of the common areas and facilities; and
(iv) expenses agreed upon as common expenses by the association of allottees;
(k) “common profits” means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of common expenses;
(l) “Competent Authority” means the Competent Authority appointed under section 23;
(m) “declaration” means the declaration submitted under section 9;
(n) “deed of transfer of apartment” means a “deed of transfer of apartment” executed by the promoter or transferor in the manner as may be prescribed;
(o) "Local Authority" means the municipal corporation or municipality or panchayats or any other local body constituted under any law for the time being in force;
(p) "Occupancy Certificate" means the Occupancy Certificate or such other certificate by whatever name called, issued by the Local Authority permitting occupation of any building as provided under the relevant laws, for the time being in force;
(q) “person” includes a company, a firm, and a joint family and also any association of persons, whether incorporated or not;
(r) "prescribed" means prescribed by rules made under this Act;
(s) “project” means the development of a building consisting of apartments or converting an existing building or a part thereof into apartments or the development of land into apartment for the purpose of selling all or some of the said apartments and includes the common areas and facilities, the development works, all improvement and structures thereon and all easement, rights and appurtenances belonging thereto;
(t)“promoter” means,─
(i) a person, who constructs or causes to be constructed an independent building or a building consisting of apartments or converts an existing building or a part thereof into apartments and where the person who construct or convert is different from the person who owns the property the term shall include both of them; or 5
(ii) any Development Authority or any other public body in respect of allottees of,—
(a) apartments constructed by such Authority or body on lands owned by them or placed at their disposal by the Government; or
(b) any co-operative housing society which constructs apartments for its members or in respect of the allottees of such apartments; or
(iii) any other person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any other name or claims to be acting as the holder of a power of attorney from the owner of the land on which the apartment is constructed; or
(iv) such other person who constructs any apartment for sale to the general public;
(u) “rules” means the rules made under this Act by the Government.
CHAPTER II OWNERSHIP, HERITABILITY AND TRANSFERABILITY OF APARTMENTS