Independent floor registration in NCR

Independent floor registration in NCR 

In a move that will come as a shot in the arm to realty sector and owners, HUDA has given the go ahead for registration of independent floors in Gurgaon, Faridabad and Sonepat

Monika Saini 


In a move that could bring huge relief to owners of floors in plotted colonies in Gurgaon, Faridabad, and Sonepat, Haryana Urban Development Authority (HUDA) has finally issued guidelines for registration of independent floors. This is also good news to real estate business in NCR, which hit rock bottom. 
HUDA officials said registration of independent floors would be allowed in case of residential plots in HUDA sectors . In case of built-up property in the existing sectors, where the owner has applied for or obtained occupation certificate prior to the date of issuance of these guidelines, registration of independent floors would be allowed only in case the buildings are constructed on plots measuring 180 sq yard or more. However, there would be no such restriction for vacant plots in old sectors, as well as all residential plots in new sectors. 
Officials said the owner of each independent floor would have a distinct title along with proportionate rights in the declared common areas and facilities like right of access, basements and other ownership rights as well as the right to use, transfer or dispose of the property . Any two floors can be jointly transferred, provided the ownership of both the floors is being transferred to one person. A senior HUDA official said the owner of each such floor would be entitled to separate utility connections such as water supply and electricity , subject to building regulations . According to the new guidelines, the basement, allowed in a residential building would not constitute a separate floor and would form a part of the independent floor at ground level. But, in case owners of different floors in a building intend and agree to use basement as a common area for different floors in the building, they might have undivided proportionate rights in the basement. Similarly , the garage, servant quarters, store, open spaces constructed at ground floor forming part of the building's ancillary would not form a separate subdivision and would form part of the ground floor only. 
Significantly, no increase in maximum permissible Floor Area Ratio (FAR) would be allowed. However , the owner would have an option to distribute the maximum permissible coverage equally on all the floors. No subdivision of plot and vertical divisions of buildings would be allowed. The owners of each floor in a building will have to make adequate arrangement for parking of their vehicles within their premises and not misuse roads for parking in any manner. This is seen as a critical condition considering the fact that in posh colonies like DLF, Sushant Lok in Gurgaon the average car population per floor is more than two. "So , six cars can no way be accommodated in any existing plot. That is going to be a serious problem until some common parking space is developed in a colony," said a Gurgaon-based property consultant. As per the norms, only such owners who have completed all the three floors as per approved building plans and have obtained occupation certificate from competent authority would be eligible to transfer the floor-wise ownership of their buildings. How to do it: The present owner or allottee may submit an application on the prescribed proforma to the local HUDA estate officer (EO) seeking permission to transfer the ownership of independent floors. The request has to be accompanied by information 
or documents such as the area or floor proposed to be transferred, along with details of common areas and common facilities, duly defined on the prescribed format. 
The owner has also to submit the approved building plan besides a payment of Rs 10,000 towards administrative charges, the original allotment letter, a copy of the approved building plan, copy of the occupation certificate and photographs of the existing building from all corners. The EO has the authority to grant permission for such registration after going through the information and documents submitted by the original allottee and after inspecting the building. As per the new set of rules, the transferee shall get a sale deed of the respective floor executed or registered in his or her favour with the sub-registrar and shall submit a certified copy with the EO. Also, the owner will have to submit an indemnity bond on the prescribed proforma and an affidavit from the transferee on the prescribed proforma . 
These formalities have to be completed by the transferor and transferee within 90 days from the date of issuance of permission to transfer, failing which the permission to transfer shall stand withdrawn and the owner shall have to apply afresh. Common areas include columns, beams, supports, main valves, common roofs, corridors, staircase, fire escapes , entrances and exit of the building. Parking areas, passages , driveways, gardens, storage space, space for security, installations of common services such as power, light, gas, water, heating, refrigeration, air conditioning , sewerage, elevators, tanks, pumps, ducts and such other common facilities. 

FOCAL POINT 

Significantly, no increase in maximum permissible FAR would be allowed. However, the owner would have an option to distribute the maximu