TA Act 4

Section 4 · General Liabilities of Promoters

(1)

Any promoter who intends to sell an apartment, shall on being so required by an intending transferee make a full and true disclosure in writing of-

(a)

his title to the land on and the building, in which the apartments are, or are to be, constructed;

(b)

all encumbrances, if any, on such land or building and any right, title, interest or claim of any person in or over such land or building;

(c)

the plans and specifications approved by the local authority as the case may be or the Urban Development Authority of the entire building of which the apartments forms part;

(d)

the nature of fixtures, fittings and amenities which have been or are proposed to be provided;

(e)

the particulars in respect of the designs and the materials which have been or are proposed to be used in the construction of the building, together with the details of all agreements entered into by him with the architects Engineers and Contractors;

(f)

all outgoings, including ground rent, if any, municipal or other local taxes, taxes on income, water and electricity charges, revenue assessment, interest on any mortgage or other encumbrance, if any, in respect of the land, building and apartments;

(g)

such other information and documents as may be prescribed.

(2)

Such promoter shall also,-

(a)

specify in writing the date by which possession of the apartments is to be handed over to such transferee;

(b)

supply in writing a list of all the apartments which have already been taken or agreed to be taken, together with their distinctive numbers, names and address of the transferers, either actual or intended, the prices paid or agreed to be paid therefor and any other particulars as may be prescribed;

(c)

transfer the open spaces earmarked for parks, play-grounds, market places and for other common use free of cost to the Government through a registered gift deed.

(3)

The promoter shall give on demand by the intending transferee true copies of the documents referred to in this section.

(4)

An apartment may be transferred by the promoters to any person only after obtaining the required certificate of completion and the certificate of fitness for occupation from the local authority concerned.

(5)

The water works department and the Electricity Board may supply water and electricity respectively on a temporary basis on production of the plan approved by the local authority or the Urban Development Authority concerned as the case may be:Provided that, if the promoters proceed with the construction of the building contrary to the sanctioned plan, the supply of water and electricity may be cut off on an intimation from the local authority or the Urban Development Authority, as the case may be, to the water works department or to the authorities of the Electricity Board.

(6)

The promoter and the apartment owners are responsible for the provision and fixation of fire prevention devices ground and over-head water tank hydrants and wet-risers etc., as may be prescribed.

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