Section 11 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

(1) Every promoter shall
submit a declaration to the Competent Authority in respect of
every building constructed after the commencement of this Act in
such form, within such period and in such manner as may be
prescribed specifying the following particulars, namely:-
(a) description of the land on which the building and
improvements are, or are to be located, and
whether the land is free hold or lease hold;
(b) description of building stating the number of stories
and basements, the number of apartments and
principal materials of which it is or is to be
constructed;
(c) the number of each apartment and a statement of its
location, approximate area, number of rooms and
the immediate common area to which it has access
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and any other data necessary for its proper
identification;
(d) description of the common areas and facilities;
(e) description of the common areas and facilities, if
any, stating to which apartments, their use is
reserved;
(f) value of the property and of each apartment, and the
percentage of undivided interest in the common areas
and the facilities appertaining to each apartment and
its owner for all purposes, including voting;
(g) particulars of encumbrances, if any, on the property
of apartment and its undivided interest at the date
of the declaration;
(h) such other particulars as may be prescribed:
Provided that the promoter may, at any time, before the
booking of apartments in the building submit an amended
declaration to the Competent Authority.
(2) At the time of booking every promoter shall-
(i) attach with the agreement a self certified photocopy
of the title deed of the land on which apartment is
proposed to be constructed, approved building
plans, details of common areas and limited
common areas ;
(ii) specify in the agreement details of built up area of
the apartment on the basis of which price of the
apartment shall be calculated and shall also
enclose the floor plan of the concerned apartment;
(iii) specify in the agreement the date by which
construction of the apartment is to be completed
and the date by which possession will be handed
over to the purchaser subject to force majeure
clause and intimation sent to such purchaser;
(iv) specify in the agreement the penalty for delay in
completion or handing over the possession of the
apartment;
(v) specify in the agreement the payment schedule and
penalty in the event of non-payment or late
payment of instalment by the purchaser;
(vi) specify in the agreement the condition of
cancellation or withdrawal of allotment and the
extent of refund;
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(vii) specify in the agreement the compensation either
way in the event of violation of any of the
conditions of allotment.
(3) Where the building is constructed on the lease hold
land, the promoter shall, before executing a Deed of Apartment
under section 12, get the land converted from lease hold basis to
free hold basis, if the laws applicable to such land permits so.
(4) The promoter shall on formation of the Association
under section 14 hand over the following documents to the
Association, namely:-
(a) a certified copy of the approved plan of the building ;
(b) details of the construction;
(c) complete diagram of wiring;
(d) complete plumbing layout;
(e) details of common areas and facilities including
copies of warranties, maintenance agreements, etc. in
respect thereof;
(f) such other information relating to building available
with the promoter as may be required by the
Association in the interest of the apartment owners.