DELHI APARTMENT OWNERSHIP
RULES, 1987
PREAMBLE
In exercise of the
powers conferred by sub-sections (1) and (2) of Section 27 of the Delhi
Apartment Ownership Act, 1986 (58 of 1986), the Central Government hereby makes
the following rules, namely:”
Rule 1. Short title and commencement.
(1) These rules may be called the Delhi Apartment Ownership
Rules, 1987.
(2) They shall come into force on the date of their publication
in the Official Gazette.
Rule 2. Definitions.
In these rules, unless the context otherwise requires’-
(a) “Act” means the Delhi
Apartment Ownership Act, 1986 (58 of 1986);
(b) “Form” means form
appended to these rules;
(c) “Section” means a section
of the Act.
(d) Words and expressions used in these rules but not defined
therein shall have the meaning respectively assigned to them in the Act.
Rule 3. Common areas and facilities.
The other common areas and facilities in terms of
sub-clause (vii) of Clause (j) of Section 3 shall be such areas and facilities
which are provided on the land earmarked for apartments and declared as such in
the Deed of Apartment and specified in Form “A” and shall also include.
(i) Children’s playing areas, swimming pool, tennis courts, badminton
courts, areas providing for other sports facilities.
(ii) community halls for use of apartment owners on occasions like
marriages or other special and like facilities.
(iii) areas which are for the common use of the apartment owners,
forming part of the sanctioned plan under the bye-laws of the authority, and
(iv) any additional space not counted in the permissible floor
space shall also be treated as common area.
Rule 4. Compensation to be paid to the sub-lessees on eviction.
(1) The compensation payable to the sub-lessee under sub-section
(7) of Section 8 shall be the proportionate cost of land as declared in the
Deed of Apartment together with the cost of construction of the apartment as
valued on the date of eviction minus depreciation.
(2) The depreciated value of the cost of construction referred to
in sub-section (1) shall be assessed by an officer of the Central Public Works
Department designated for this purpose and shall be based on approved
principles of such valuation on payment of the fees prescribed for this
purpose.
Rule 5. Undertaking to be filed by the person acquiring apartment.
A person acquiring any apartment from any
apartment owner by gift, exchange, purchase or otherwise under the provisions
of Section 9, shall file an undertaking in Form A, with the competent authority
within thirty days of such transfer.
Rule 6. Form of Deed of Apartment.
The Deed of Apartment shall be executed and
registered in accordance with Sections 13 and 14 of the Act, in Form B.
Rule 7. Form of Book under Section 14(2) and of index thereto.
(1) The Register of the Deeds of Apartment for the purpose of
sub-section (2) of Section 14 shall be in Form C.
(2) The Index to such Register shall be in Form.