Amendment status not verified — confirm the current text below against the official source.
General liabilities of Promoter- (1) Notwithstanding anything in other law, a promoter who intends to construct or constructs a block or building of Apartment(Flat), all or some of which are to be taken or are taken on ownership basis, shall, in all transaction with persons intending to take or taking one or more of such Apartment(Flat), be liable to give or produce, or cause to be given or produced, the information and the documents hereinafter in this section mentioned, a copy of which should also be filed with the Competent Authority for information, including the full particulars about their identity, address etc. (2) A Promoter, who constructs or intends to construct such block or building of Apartment(Flat), shall - (a) make full and true disclosure of the nature of his title to the land on which the Apartment(Flat) are constructed, or are to be constructed, such title to the land as aforesaid having been duly certified by an Attorney-at-law, or by an Advocate of not less than seven years standing; (b) make full and true disclosure of all encumbrances on such land, including any title, interest or claim of any party in or over such land. (c) give inspection on seven days notice or demand, of the plans and specification of the building, such as specifications relating to structural safety against earthquake and fire safety, built or to be built on the land; such plans and specifications having been approved by the local authority which he is required so to do under any law for the time being in force; (d) disclose the nature of fixtures, fittings and amenities (including the provision for one or more lifts) provided or to be provided; >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 2 Qjojh] 2012 32 (e) disclose on reasonable notice or demand if the promoter is himself the builder, the prescribed particulars as respects the design and the materials to be used in the construction of the building, and if the promoter is not himself the builder disclose, on such notice or demand, all agreements entered into by him with the architects and contractors regarding the design, materials and construction of the buildings; (f) specify in writing the date by which possession of the Apartment(Flat) is to be handed over (and he shall hand over such possession accordingly); (g) prepare and maintain a list of Apartment(Flat) with their numbers already taken or agreed to be take, and the names and addresses of the parties, and the price charged or agreed to be charged therefore, and the terms and conditions if any on which the Apartment(Flat) are taken or agreed to be taken; (h) state in writing, the precise nature of the organization of persons to be constituted and to which title is to be passed, and the terms and conditions governing such organization of persons who have taken or are to take the Apartment(Flat); (i) not allow persons enter into possession until a completion certificate where such certificate is required to be given under any law, is duly given by the local authority (and no person shall take possession of a Apartment(Flat) until such completion certificate has been duly given by the local Authority); (j) make a full and true disclosure of all outgoings (including ground rent, if any, municipal or other local taxes, taxes on income, water charges and electricity charges, revenue assessment, interest on any mortgage or other encumbrances, if any); (k) make a full and true disclosure of such other information and document; in such manner as may be prescribed; and given on demand true copies of such of the documents referred to in any of the clauses of this subsection as may be prescribed at a reasonable charge therefor. (l) display or keep all the documents, plans or specifications (or copies thereof) referred to in clauses (a), (b) and (c), at the site and permit inspection thereof to persons intending to take or taking one or more Apartment(Flat). (m) when the Apartment(Flat) are advertised for sale, disclose inter alia in the advertisement the following particulars, namely :- (i) the extent of the carpet area of the Apartment(Flat) including the area of the balconies which should be shown separately; (ii) the price of the Apartment(Flat) including the proportionate price of the Common areas and facilities which should be shown separately, to be paid by the purchaser of Apartment(Flat) and the intervals at which the installments thereof may be paid; (iii) the nature, extent and description of the Common areas and facilities; >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 2 Qjojh] 2012 33 (iv) the nature, extent and description of limited Common areas and facilities, and; (v) the Fire Safety & Earthquake resistant, water harvesting and preservation and lighting conductor provisions as per the norms laid down in law;