AT LAST some good news for plot owners in Haryana.
The Haryana Urban Development Authority (HUDA) has issued guidelines for registration of independent floors in plotted houses in HUDA’s urban estates.
The HUDA guidelines have been framed following the decision of the state governmen to allow such registrations as a part of revenue generating measures.
Cap on plot size As per the guidelines issued by HUDA last week, registration of independent floors in case of built up property situated in existing sectors (where owner has applied for/obtained occupation certificate prior to the date of issuance of these guidelines) will be allowed only in case of buildings constructed on plots of 180 square yards or above.
However, in case of vacant plots in old sectors as well as all residential plots in new sectors, there shall be no cap on size of plots, which can have floor-wise owners.
No increase in FAR The guidelines say that no increase in maximum permissible floor area ratio (FAR) will be allowed.
However, the owner will have an option to distribute the maximum permissible coverage equally on all the floors.
Besides, no sub-division of plot and vertical divisions of buildings will also be allowed.
Only those persons who have completed all the three floors as per approved building plans/building bye laws and obtained occupation certificate from the competent authority will be eligible for transferring floor-wise ownership of the building.
Parking issues The owners of independent floors in a building will make adequate arrangement for parking of their vehicles within their premises and shall not misuse road/public property for parking.
Ownership rights The guidelines say that each dwelling unit will be recognised as a distinct, identifiable property with a separate identification number, to which the owner shall have title along with proportionate rights in the declared common areas and common facilities, rights of access, easements and other ownership rights as well as the right to use, transfer or dispose-off the property .
The owner of each independent floor will be entitled to separate utility connections such as water supply and electricity subject to building regulations/rules of Power Utilities.
The basement in a residential building shall not constitute a separate sub division/floor and will form a part of the independent floor at the ground level.
However, in case owners of different independent floors in a building intend and agree to use basement as a common area for facilities such as parking or other plant and equipment required for different floors in the building, they may have undivided proportionate rights in the basement.
The garage, servant quarters, store, open spaces, etc., constructed at ground floor forming part of the buildings ancillary to the main residential building will not form a separate sub division and will form part of the ground floor only .
Transfer modalities Any two independent floors can be jointly allowed to be transferred provided the ownership of both the floors is being transferred to one person.
Detailing the procedure for transfer of ownership of floors, the guidelines say the owner will have to make an application on a prescribed proforma to the Estate Officer concerned for granting permission to transfer the ownership of independent floor.
The request will have to be accompanied with documents showing details of common areas and common facilities on the prescribed format, shown and marked on the approved building plan.
HUDA will levy an administrative charge of Rs 10,000 for the transfer exercise.
The transferee will have to get a sale deed of the respective independent floor registered in his favour with respective sub-registrar.
The documentation will have to be completed by the transferor and transferee within a period of 90 days from the date of issuance of permission to transfer.
The permission to transfer shall stand withdrawn and the administrative charges deposited along with the request will stand forfeited if the parties fail to comply with the deadline.