HRE Rules 2अध्याय I · Preliminary

धारा 2 · Definitions

(1)

In these rules, unless the context otherwise requires, -

(a)

"Act" means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016).

(b)

"annexure" means an annexure appended to these rules;

(c)

"association of allottees" means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorised representatives of the allottees;

(d)

"authenticated copy" means a self-attested copy of any document required to be provided by any person under these rules;

(e)

"colony" shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975).

Explanation. - Colony may contain more than one project and each such project may be developed in phases.

(f)

"common areas and facilities" shall have the same meaning as defined in the Haryana Apartment Ownership Act, 1983 (10 of 1983) in case of group housing, integrated commercial complex, cyber city/ park and in case of plotted colony, shall have the same meaning as defined in of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(g)

"cyber city" shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(h)

"cyber park" shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(i)

"external development works" shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(j)

"form" means a form appended to these rules;

(k)

"group housing" shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(l)

"integrated commercial complex" shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(m)

"internal development works" shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);

(n)

"layout plan" means a plan of the colony depicting the division or proposed division of land into plots, roads, open spaces, etc and other details, as may be necessary;

(o)

"on going project" means a project for which a license was issued for the development under the Haryana Development and Regulation of Urban Area Act, 1975 on or before the 1st May, 2017 and where development works were yet to be completed on the said date, but does not include:

(i)any project for which after completion of development works, an application under Rule 16 of the Haryana Development and Regulation of Urban Area Rules, 1976 or under sub code 4.10 of the Haryana Building Code 2017, as the case may be, is made to the Competent Authority on or before publication of these rules and

(ii)that part of any project for which part completion/completion, occupation certificate or part thereof has been granted on or before publication of these rules.

(p)

"parking" shall have the same meaning as defined in the Haryana Building Code 2017(Building Rules);

(q)

"project land" means any parcel or parcels of land on which the project is developed and constructed by a promoter;

(r)

"section" means a section of the Act;

(s)

"Government" means the Government of the State of Haryana;

(t)

"schedule" means a schedule appended to these rules;

(u)

"structural defects" means actual physical damage/ defects to the designated load-bearing elements of the building, apartment or unit like faults, breakage or cracks, appearing over time in elements such as load bearing columns, walls, slabs, beams etc. which can affect the strength and stability of the apartment or the building and shall include any of the following, namely:-

(i)defects due to design attributes of reinforced cement concrete (RCC) or structural mild steel (MS) elements of an engineered (structurally designed) building structure;

(ii)defects due to faulty or bad workmanship of RCC or MS work;

(iii)defects due to materials used in such RCC or MS work;

(iv)major cracks in masonry work that are induced as result of failures of RCC or MS work;

(v)any defect which is established to have occurred on account of negligence, use of inferior materials or non-adherence to the regulatory codes of practice by the promoter.

Explanation: - The promoter shall not be liable for any such structural/ architectural defect induced by the allottee, by means of carrying out structural or architectural changes from the original specifications/ design.

(2)

Words and expressions used but not defined in these rules, shall have the same meanings respectively assigned to them in the Act.

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