Preamble.-
In exercise of the powers conferred by sub section (1) and 92) of Section 27 of the Delhi Apartment Ownership Act, 1986 (58 of 1986), the Central Government hereby makes the following rules, namely :-
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.
(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 expression used in these rules but not defined there in shall have the meaning respectively assigned to them in the Act.
3. Common areas and facilities – Thus 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 marriage or other social and like functions,
(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
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 Department designated for this purpose and shall be based on approved principles of such valuation on payment of the fees prescribed for this purpose.
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 and undertaking in Form A, with the competent authority within thirty days of such transfer.
6. Form of Deed Apartment - The Deed of Apartment shall be executed and registered in accordance with Sections 13 and 14 of the Act in Form B.
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 (20 of section14 shall be in Form C.
(2) The index to such Register shall be in Form 1.
