MAJOR PROVISIONS ON APARTMENT HOUSING OWNERSHIP ACT - 2054

 An individual, organization or a company who wants to construct an Apartment Housing

should write an application along with the proposed map, structural design, land
ownership certificate, distribution procedure of the apartment units etc.
 Apartment housing can’t be constructed without receiving the legal permit.
 Apartment can be sold for either full payment or by payment on installment. It can also
be sold or be given for the rental purpose.
 The ownership certificate should be issued in the specified format. And the ownership is
transferred only when the buyer pays off the total amount.
 The new owner of the apartment unit can sell or rent the apartment as per his necessity.
 The buyer can’t transfer his ownership to another individual if he has not paid off the
total amount.
 The owner of the apartment unit needs to establish consensus with management
committee for selling his apartment. But again there is a provision which says that if the
new owner has paid off the total amount of the apartment, the management committee
has to give the permission.
 The owner of any one of the apartment units can, without affecting the rights of the
owner of any other apartment units, enjoy the common facilities or common places/areas
like: parking areas, lobby, stairs, Gardens, temples, stores, solar, Security guards,
dumping site etc.
 The common places or facilities can’t be divided or partitioned. And the owner is obliged
to bear the cost percentage as per the rule for the management or maintenance of the
common properties. In case if an owner is reluctant to bear his share of money, the
management committee can prevent the owner from enjoying that service or facility.
 Apartment Housing should have its insurance. And it is the duty of the founding
members to manage, protect and maintain those apartment units.
 Incase if the Apartment housing is completely damaged or demolished, all the owners of
the apartment units will have proportional ownership over the land. And if the apartment
is partially damaged, the management committee or the founding members should have
to repair it within the specified time.
 Construction of the Apartment housing without construction permit would be subjected
to legal action. The construction company can be charged fine up to Rs. 100,000. And the
concerned authority can also issue order for demolishing such buildings. Moreover, if
anyone is injured from the damaged part of such apartment, he/she can claim the
appropriate compensation from the committee.