Section 3 in Uttar Pradesh Ownership of Flats Act, 1975
3. Definitions.
- In this Act, unless the context otherwise requires -(a)"flat" means part of a property having a direct exit to a road, street or highway or to a common area leading to such road, street or highway which together with its undivided interest in the common areas and facilities forms an independent residential unit;(b)"building" means a building or more than one buildings situated in the same locality containing, in all four or more flats;(c)"bye-laws" means bye-laws made under this Act;(d)"common areas and facilities" includes -(1)the land on which the building is located and all easements, rights and appurtenances belonging to the land and the building;(2)the foundations, columns, girders, beams, supports, main wall, roofs, halls, corridors, lobbies, stairs, stair-way, fire-escapes and entrances and exits of the building;(3)the basements, cellars, yards, gardens, parking areas and storage spaces;(4)the premises for the lodging of janitors or persons employed for the management of the property;(5)installations of common services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and sewerage;(6)the elevators, tanks, pumps, motors, expressors, pipes and ducts and in general all apparatus and installations existing for common use;(7)such other common facilities as may be specially provided for in the Declaration;(8)all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use;(e)"common expenses" means expenses of administration, maintenance, repair, or replacement of the common areas and facilities and all other sums assessed against the owners of flats by the Association of owners of the flats;(f)"common profits" means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses;(g)"competent authority" means the Housing Commissioner appointed under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam,1965;(h)"Declaration" means the instrument by which a property is submitted to the provisions of this Act as hereinafter provided;(i)"limited common areas and facilities" means those common areas and facilities which may be designated in the Declaration as reserved for use of certain flat or flats to the exclusion of the other flats;(j)"prescribed" means prescribed by rules made under this Act;(k)"property" comprises any land, any building built or proposed to be built thereon, and the common areas and facilities.
