Monday, June 30, 2014

BUILDING CONTRACT AGREEMENT

BUILDING CONTRACT AGREEMENT


An agreement which is entered into by a owner of a site with a contractor for construction of a building is known as building contract agreement. Generally an owner of a site look out for a reputed and reliable builder for construction of building over his property and after finalizing one enters into an building contract agreement.

Building contract agreements are defined as agreements between the contractor and a another person called the owner or the employer for construction of buildings and other structural work proposed to be constructed, which fall within the category of ordinary contracts and are governed by the provisions of Indian Contract Act including the basic rules as envisaged under the said Act such as, competency of the parties to the contract, consent, existence of consideration to the agreement and not against the public policy.

MODES OF ENTERING BUILDING CONTRACTS

There are two methods which are generally used by the owners and the contractors as detailed below:

Contract entered after inviting tenders: In this method tenders are invited by the owner of the site for 3 or more contractors by advertising or issuing the tender. Thereafter the best tender is choosen and the tender amount is accepted with other terms and conditions. Acceptance by the owner of the property constitutes a valid contract. The agreement should contain all the necessary and mandatory terms and conditions, particulars of the work required to be done and the schedule of quantities and rates in order to constitute a valid contract. This method of agreement is generally followed by the Government, Local authorities, Architects and other public corporations and trusts.

Contract by directly executing agreement: Under this method the agreement is directly entered into by the contractor and the owner. They straight away negotiate and enter into a construction agreement and averments pertaining to the tenders cannot be looked into for evidence unless some ambiguity in the interpretation of recitals in the agreement exists. This method is generally adopted by commercial firms or individuals.

Format of the agreement: The architect will also have a construction agreement which will be in the printed form where in blanks are filled in by hand or some provisions are altered by hand, if necessary. While doing so it must be kept in mind that that there should be no discrepancies between the written words or those in printed. In case of any inconsistencies or discrepancies the wriiten words will prevail over the printed words as the the words filled in the blanks will express the intention of the parties.

Appointment of an Architect: An architect is immediately appointed who has to be duly qualified after the search for the contractor is over or after the contractor is finalised. The mode of entering into an agreement depends upon the architect and the contractor. The architect prepares preliminary drawings and estimates and then prepares working drawings and specifications and bills of quantities and other documents relevant for the contract. In order to carry out the day to day supervision of the work , a clerk of works or resident engineer is appointed and also to see that the instructions of the Architect and structural engineer are complied with by the contractor.

Types of Building Contracts:

Building contracts are generally of four types as listed below

Lump sum contract: Under this type of contract, a mutual negotiation is arrived in between the parties whereby the contractor agrees to carry out the work for a fixed amount irrespective of anything else. This method is not advisable as it may lead to a lot of confusion.

Items rate contract: In this type of contract work is divided into several items of work and the contractor quotes price of each item including the remuneration that will be paid in accordance with the work carried out at the rates agreed upon, which can be assessed with the help of a qualified Architect or a Civil Engineer.

Percentage contract: In this type of contract a percentage of amount on the total actual cost of the building is paid to the contractor as agreed earlier.

Cost plus percentage contract: In this category, the contractor gets the actual cost of work as well as certain percentage over and above the said cost which is accepted by the owner.

General conditions of a building contract:


The general conditions in a building contract are
  • Description of the work to be executed.
  •  Estimated quantities and rates payable.
  •  Payment of earnest money and method of payment of running bills.
  • Time allowed for completion of the work.
  •  Provision for extension of time.
  •  Issuing interim and final certificate by the Architect.
  •  Submission of the interim bills by the contractor and their payment.
  •  Materials to be supplied by the owner.
  •  Alterations, additions and omissions to be made if repaired according to the orders of the Engineer-in-charge.
  • Action and compensation payable in case of bad work.
  •  Inspection of work.
  •  Responsibility of the contractor for the acts done personally or through the agents authorized to undertake such acts.
  • Payment of damages or penalty in case of failure of the contractor to commence or to carry out the work according to the contract.
  • Liability of the contractor for compensation for delay in execution or completion of work.
  •  Forfeiture of earnest money or security deposit.
  •  Responsibility of the contractor to supply ladders, scaffoldings and other material required for construction.
  •  Contractor's responsibility to remove condemned work or materials.
  •  Giving of notices and payment of fees to local authorities.
  •  Contractor's liability to pay statutory wages to workers.
  • Liability of the contractor to provide lights, fences and other precautions at the work site.
  •  Liability of the contractor in case of breach of any of the terms and conditions envisaged in the contract, including payment of labour charges.
  • Who has to bear the expenses incurred for supply of Electricity, water supply required for execution of the work.
  • Adjudication of disputes pertaining to the contract either by referring to an Arbitrator or otherwise.
  • Liability of the contractor for workmen compensation in case of injury or death during the course of employment. 
  • Role of an Architect 
  • In a building contract the Architect has a key role to play since the entire object of the contract to construct the building depends upon amount of commitment and diligence involved. Architect has certainduties such as:
  •  To inspect the site of the proposed building and to advise the owner about its suitability.
  •  To prepare plans, drawings, specifications and estimates. 
  • Get the plans sanctioned by the local authorities.
  •  Prepare tender or contract documents with all necessary conditions. 
  • After acceptance of the tender and contract entered into, to supervise the work of the contract.
  •  Bill Certification. 
  • Apart from the above, the Architect also has to decide on any dispute if arises regarding the construction work and give his decision by issuing a certificate to that effect. Further he also has to administer and keep an check on the daily construction work.

Appointment of Sub-Contractor

A sub contractor can be appointed by a contractor for carrying out either for the whole work or part of the work, with or without the consent of the owner. Privity of contract does not arise between the owner and the sub contractor in cases where the consent of the owner is not obtained and the contractor alone will be liable for all the acts done by the Sub-Contractor. Similarly the Sub-Contractor does not derive any right to raise claim against the owner pertaining to the construction contract. It is advisable to enter into a construction agreement after complying with all the necessary formalities as provided in the statute and the same must be reduced in writing to manifest the specific duties and obligations vested on all the necessary parties as many construction projects are left incomplete due to high construction cost and to lack of co-ordination between the owner, contractor and the architect. It is very important to incorporate all the terms and conditions of the contract clearly to avoid unecessary dispute and succesful completion of the project.



Bangalore properties like Apartments / Villas / Plots / Independent Houses ....


Real Estate Properties are available in Bangalore City.......







Saturday, June 28, 2014

REAL ESTATE ACROSS THE COUNTRY

 
http://bangalore5.com/luxury/index.html

Amritsar:

It is the city of not only native Sardars and Punjabis but entire Hindustan has entered the city. The city is developing into cosmopolitan in nature.  Decentralisation of commercial activities in the city and increasing migration has resulted into mass scale development of the city. Government of Punjab is serious about infrastructure, especially roads. Chandigarh has developed international quality roads and now Amristar also going its way. Lease rental for residential accommodation is rising. Corporate guest house and night stay for city visitors are on rise. Sanitorium and Dharmashalas are cheap accommodation available in the city. Out right purchase of large homes are in offing.  Affordability is very high as compared to other cities.

Business of retails has revolutionised capturing the purchasing habits of the citizens.  Commercial complexes are selling on booking.  Rates are stagnated but sale is high.

Ahmedabad:

Eklavya international school, one of the best schools spread over 60 acres shows the lifestyle the city is witnessing.  Foreign banks and retail chains are glamourising the city.  Huge construction activities are on.

The distance between work place to home is shortened by new roads and enhanced infrastructure.  New townships in all the direction of the city has some which has stabilised the market.  Supply is more than demand.  Housing finance companies are giving best results to their head-quarters.

Commercial activities are also rising.  Service industry is taking great leap ahead of their usual trend.  Lease rental is rising.

Bhopal:

Aftermath of gas tragedy, the new Bhopal has learnt many lessons.  City builders are taking care of everything which human settlement needs to do.  One of the best constructions in Asia could be located in the city. The real estate market, although very slow moving as compared to other metros, is giving hopes to the city’s skyline.  The rates are stagnated for the time being but can boom any moment since State Government is planning huge infrastructure for the city.

Government is keen to bring business houses in the city. Retail chains already started functioning.  Decentralising and lack of sense for CBD areas in the city will lead to further drop in commercial rates for accommodation.

Cochin: 

After budget allocation for international port, city’s real estate got tremendous rise in property rates.  The rates are reaching just double since last two months.  Plots sale are in offing, commercial rates are reaching on historical heights.

Ready flats are now available with choice.  Middle size accommodations are in great demand.  Supply is limited for such accommodation.  City is all set to change its skyline.  Traders and export houses are dominating commercial market in the city.  Residential areas  are also having offices and culture to work from home is rising.

Commercial premises and office complexes are stagnated but shopping malls are rising.  Lease rental has no movement.  Union budget has created a good demand for commercial premises but it will take some time to capitalise.

Coimbatore:

Gandhipuram, Town Hall and RS Puram are best bet for better accommodation for budget buyers.

Rentals for residential units are higher then commercial premises.  Small-scale industries have set in small cottages and residential units hence demand for commercial premises are absorbed by residential units availability.  Power problem is on its peak in the city.  It is buyers market.  Rates are stagnated for now and no hope for any improvement.

Shopping malls and retail outlets are in direct competition with shops in the main market area of MG Road.  Lease rentals have increased marginally in last fortnight.

Chennai:

The areas that form the heart of Chennai city and are active business centres such as George Town, Chennai Central, Kondithope, Annal Salai etc.  The rates have increased marginally in these areas.  Residential units in the city’s CBD area are turning into office premises.  NRI’s are in the market for investment.  Open plots are not available in primary market.  Water is still restricting the fair growth of the real estate market in the city.  The rates for a residential unit in posh locality are purchased at 3.5 lakh sqft. in the city.  T Nagar and Anna Salai Road are best bet still for home seekers ranging between Rs.1800/- to Rs.3200/- psf.

Delhi:

Delhi is not left with new land for development within the city.  Southern part and western Delhi is having great market.  The rates are almost highest ever and competing with cities of developed countries.  Total skyline of the capital has been changed.  Huge construction activities are on.  Farmhouses on the outskirt of the capital are costliest in the country.  Good time ahead.

The capital is expanding in its southern part.  Industrial belt of the city is touching Kosi.  Greater Noida and Gurgaon are part of the main city.  Residential colonies in Greater Kailash are best bet for settlement.  DDA has auctioned its plots in the city for historically high rate.  It is totally sellers market.  No rates could be recorded since huge variation between transactions in the same locality.  Rental accommodation market is still active in the city.  Old Delhi is hub for such home seekers.  The rates are still manageable on the southern side of the city.

Shops have no trend.  It starts from Rs.10,000 a sq.ft. Rental chains have spoiled the entire rental market for commercial activities.  Banks are also not behind.  Asia’s biggest deals in property in property took place last fortnight at Connaughtplace.

Kolkatta:

C. R. Avenue, Vivekanand Road, K. C. Sen Street, Lenin Sawani, Bipin Behari Ganguly Street, Tapsia Road, Bidhan Nagar Road and Khidirpur Road areas are set to change the sky line of the city.  Hectic development with ultra modern amenities are offered.  Housing finance companies are getting good business.

Flyovers and roads have changed entire chemistry of the city, as far as property rates are concerned.  Huge residential complexes are going to change the entire skyline of the city.  The rates are in primary phase and yet to be established.  Old city is still congested having no takers.  Young generation are on buying spree.  For Rs.2000 psf one can get a tailor made flat with ultra modern gadgets.

Market for commercial premises are still in demand.  Lease rentals are increasing.  IT industry in the city is fuelling in the funds for further developments.

Hyderabad:

Indira Park, Banjara Hills, University Road, Sardar patel Road and Nehru Nagar are some of the areas where hectic construction activities are on.  The rates have increased marginally in these areas.  Corporate guest house culture in residential colonies are some what holding the demand for residential market in the city.

Local demand is rising.  Paying guest culture is also rising.  Service apartments concept is proving its potentials in the city.  After a small recession, the city has come back on its fast track.

Mumbai:

Sale was slow due to monsoon, but as slow as compared with last year figures.  Housing finance companies are tempting to purchase.

Selling to corporate is becoming difficult day by day since these types of buyers wants total transparency. Ratio to built up and total cheque payments are major hurdle for sale.  Rates are established for almost all the arrears in the city and not moving for now.

After Mall entered the shopping accommodation, rates are becoming impossible to trace.  One of the Mall at VileParle is for Rs.31,000/- per sq.ft.  Shops at Malad to Borivali, near station, are costing almost Rs.60,000/- a sq.ft.  Commercial complexes are getting good enquiries but there are no takers for old structures.  Projects waiting for sold out in this segment are still waiting for takers.  Lease for these complexes are not fetching more than Rs.60/- per sq.ft. a month.

Pune:
The real estate market is sluggish.  There are no takers for large flats.  The rates also declined in last fortnight.  Many property exhibitions are organised in this month but with very poor response.  Corporate are purchasing in large chunk.  Rental accommodation is dying in the city.  Investors have almost finished with their dead stock.  Fresh purchase from NRIs are very selective in projects.

Thursday, June 26, 2014

Mayur Signature Multistorey Apartments for sale Located in Whitefield, Bangalore 2BHK, 3BHK and 4BHK Apartments.


http://www.bangalore5.com/project_details.php?id=1755


Description:
 
Super-luxury, timeless appeal, Strategic location and enduring aesthetics are just a few of the Innumerable descriptions of Mayur Signature. Nestled in the middleof a stunning 1 acre, this gem of a property comprises of spacious 2, 3 and 4 bedroom apartments ranging between 1100 sft. And 2400 sft, built to suit top class standards.

This Signature building is conveniently located on the 60 feet Main Road, just minutes away from the ITPL, will make shuttling from Home to work more easier .

Imagine, living in the heart of the IT corridor, in a community that offers you everything. Mayur Signature promises you top class living with more amenities, more facilities and not to forget more value for money.

Proximity (approx.)

    2 km from Hope Farm Circle

    3.5 Km from ITPL building

    1.5 km from Whitefield Railway station

Amenities:

    Children's Play Area

    Gym (Ladies - Gents)

    24x7 Security with Intercom Facility

    Power Backup- Generator

    Table Tennis Court

    Capsule Lifts

    Party Hall / Multi Purpose

    Indoor Games

    Basket Ball Court

    Lap Pool

    Splendid Main Entrance
 
 

The region or the area you are contemplating for your next house should be considered as to how that environment can affect your real estate purchase. Be conscious of streams or run-offs that could classify the region as a flood plain and note any obvious indications of bug infestation or mold. Pay attention to adjacent transport hubs that could affect noise levels, like airports, ambulance stations or railway stations. Stop by at night to see if the noise level increases and if the streets are well-lit. It all comes down to real estate education with respect to local impacts.

An additional important factor to be  considered is as to how easy your community has the access by using different transportation modes. Check for bicycle lanes and pedestrian crosswalks with nice wide sidewalks. Observe how cars navigate through the streets and if there are areas where possible bottlenecks could impede motorists during rush hour. Also find out if the buses or subways that service the community would get you to work and back easily.

Picking up just the right neighbourhood is another important factor in any house purchase, and buyers are showing increased allure in communities that encourage healthy, sustainable lifestyles. Neighborhoods consist of the people who live there, so make certain that you are compatible with the kinds of people currently living in that locale. If you are looking for a quiet life, moving onto a street near a college or school may mean more commotion from a younger population. On the other hand, if  you are  interested in having an active home with lots of guests and events, think about a location that attracts individuals who will welcome your energetic attitude. Everyone has different lifestyles that they feel most accustomed to, so take a little time to study the overall flavour of a neighbourhood to determine how well it matches your temperament. Look into the location of security and police stations by contacting any homeowners' associations that have formed in the area. Learn about the regional traditions and how they normally celebrate holidays, seasonal events and various activities that involve the whole neighborhood.

A lot of sustainable neighborhoods are designed to keep expansion at bay by developing green corridors and instituting rules that apply to population density and property size. Review civic developments that can have long term effects on the region, such as new roads, subways, major shopping malls or continuing road improvement plans. Also determine the ability of an area to expand with your needs, and see if the overall community structure will allow you to remain in the same school system if you find that you require a bigger home down the road.

Neighbourhood planning is beginning to display this natural approach by adopting design traits that focus on green spaces, reduced residential traffic and recycling services. Having a good notion of exactly what type of feeling and surroundings you require in a  neighbourhood can save you a lot of time in your house hunting  journey.

Wednesday, June 25, 2014

ICON Sanctuary Villas for sale Located in Sarjapur, Bangalore available with 3BHK Villas.

ICON Sanctuary Villas Area Range 1662-2015 Sq.ft Located in Sarjapur, Bangalore available with 3BHK Villas.

http://www.bangalore5.com/project_details.php?id=1728

Description:

ICON Sanctuary – Preparing to set a new landmark in Sarjapur

ICON is getting ready to create a landmark villa housing in sarjapur. Coming up with 3 BHK luxurious lifestyle habitat of hi-end villas in a tranquil location. It opens up a world of fun with all ultra modern amenities, infrastructure and unmatched recreation facilities.

Being strategically located in sarjapur, these villas are surrounded with international schools like Indus International school, Oakridge International school, Greenwood High, St Patrick Academy etc. Located in amidst lush green landscape, but not far from the daily life needs. BMTC bus stop is in convenient distance, so does the shopping area. Also it is 15 mins drive to Wipro corporate office and 20 mins to reach Forum value mall, whitefield.

You can take for granted, owning a villa here fills your life with joy in most unique and luxurious way. The structures and elevations were so aesthetically designed and ICON promises to execute those with utmost care as does in our other projects. So you will remember for the years to come.
 
Amenities:
 
Main Entry
Children's play area
jogging track
Cricket Pitch
Palm Plaza
Skating rink
Badminton court
Tennis court....etc

 

Too many business in central residential areas 

BANGALORE: More apartments in Bangalore South and East are coming up closer to suburban, BBMP limits than within mainstream City spaces owing to high number of business establishments in esidential areas of Jayanagar, Koramangala and Indiranagar.

At least six to eight projects in the last two months have come up closer to suburban areas in these zones. The Confederation of Real Estate Developers’ Association of India (Credai) Bangalore President Nagaraj Reddy told Deccan Herald that residents in Jayanagar, Koramangala and Indiranagar have been seeking  apartments unable to cope with higher number of outlets.

Says Reddy: "Too many shops and companies have come up in these residential spaces: This has increased traffic and people in the areas. We have had Queries from residents seeking good, well-to-do apartments to live in quiet spaces. While I agree commercialization began in the late 90s and early 2000, in the last three years, commercialization has intensified compared with earlier levels. Residents have put up with this, but off late many feel the need for living in self-contained apartments even if located a little away from City centre. These are mostly middle-aged to elderly people who don't need to travel too much. But there are youngsters too who have approached us for property choices." 

A resident of Jayanagar 8th block, close to Sarakki, Mahendra Kumar has moved to Kanakpura Road lose to Konanakunte in Bangalore South. His explanation is simple: "We were close to J P Nagar 6th Phase and Jayanagar 8th Block. The area now has a number of shops and restaurants which has brought in more traffic and people. Our family decided to move on to the interiors just Off Konanakunte." A trend seen in these areas is parts of houses are let out to software companies, fabric shops, and in some cases where houses are old and demolished, restaurants, jewellery stores, and textile outlets have come up, like in an Iyengar household on Jayanagar 4th Block main road which made way for a showroom. Old residences are under pressure to be sold, which are then demolished and new outlets established on the same site. Jayanagar 5th Block is also an example - many households have converted part of their houses into commercial ventures.

In Indiranagar too, close to 100 ft road, four-floored residences are coming up in which one entire floor is reserved for office space with built-in parking. The rent from the office within a residential set-up helps repay loans and balance family requirements. Entire houses have been demolished and restaurants have been set up on 100 ft road. CMH Road close to 100 ft road is packed with shops. This has resulted in apartments moving from City centre spaces towards suburbs. While residents have moved to apartments in the past, new residents too are moving out, according to Credai, because newer commercial outlets are coming in. Apartment complexes are coming up on tile ring road and just beyond in Bangalore East.

Koramangala has an ambience similar to Jayanagar and Indiranagar, The 80 ft road is completely commercial and the area behind St John's Hospital is replete with restaurants. Many residents have moved to Sarjapur. A resident in one of the apartment complexes, Shravanti Gupta, says Koramangala has turned out to be busier than what it was three years back. "Traffic, people, showrooms, Hotels, restaurants are aplenty in Korarnangala. The main areas are crowded while the edge of Koramangala is ok. In any case when I got an offer from the apartment to live closer to Sarjapur Main Road, I took it up. It's self-contained living now." For more apartments to come up in the central areas of residential localities, old properties alone will have to make way for them as newer properties are here to stay for long.

Tuesday, June 24, 2014

1BHK, 2BHK and 3BHK Apartments for sale Located in Yelahanka, Bangalore at Prestige Royale Gardens.

Prestige Royale Gardens Multistorey Apartments Area Range 602-1705 Sq.ft, Located in Yelahanka, Bangalore available with 1BHK Apartments, 2BHK Apartments and 3BHK  Apartments.
 
http://bangalore5.com/project_details.php?id=1550
 

Description:
 
There is no greater joy than that incomparable feeling of being lord of all you survey. At Prestige Royale Gardens, you will experience this very emotion as you reign in splendour in a home that puts everything you demand at your command.

Located in the pristine environs of Yelahanka, Bangalore, Prestige Royale Gardens promises you a life that is refreshingly bereft of the city's noise and bustle while being within arm's length of its many conveniences. With a fine elevation and all modern-day amenities at your disposal, the Royale Gardens offers you a choice between one, two and three bedroom residential apartments that finely blend impeccable planning and flawless taste together.

Location : Yelahanka-Dodaballapur Road, Bangalore
Development Type : High-Rise Apartment Complex
Development Size : 22.5 Acres (13 Residential Towers with 16 & 18 Floors Respectively)
Number of Units : 1696 Apartments of 1, 2, 2.5 & 3 Bedrooms

Amenities:

Badminton Court
Children's Play Area
Gymnasium
Health Club
Party Hall
Super Market Space
Squash Court
Swimming Pool
Table Tennis
Tennis Court
 

Unlike independent houses, the residents of apartments have some unique rights and duties, and it is vital to have a clear understanding of them if you happen to live in an apartment.

First of all let us consider the word 'Flat.' The word 'Flat' is not a legal term, and has its roots in Scottish and Old English. 'Flat' meant a floor in Old English and obviously it meant living on a floor of the building instead of occupying the entire structure.

The Apart­ment Ownership Act, defines an apartment as a property intended for independent use including one or more floors or enclosed spaces located in one or more floors (or parts there­of) in a building, intended to be used for residence, office, practice of any profession or for carrying on any occupa­tion, trade or business or for other types of independent use, and with a direct exit to a road, or highway or to a common area leading to such street, road or highway.

In the common man's language, the word 'Flat' means a residential, semi-residential or non-residential unit. The word 'Apartment' is nor­mally used to indicate a residential unit. Going by the above definition, the words 'Apart­ment' and 'Flat' mean the same thing.

An apartment shall be deemed fit for dwelling for independent use even if sanitary, washing, bathing and facilities are common.

An apartment owner is the person or persons owning an apartment and an undivided interest in the common areas. It also includes owners who have purchased apartments using loans. 

Common  areas

There is a lot of confusion regarding 'Common Areas and Facilities.'

As ownership of an apart­ment is connected to an undivid­ed interest in the common areas and facilities, it is important to know as to how the term has to be under­stood legally.

The term includes the land on which the building is located. The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairways, terrace, compound walls and fire es­capes come under com­mon areas.
Water sources are also common. The term also includes wells and sumps and water supply will fall within the definition of the term. Sewerage and drainage connections al­so come under common facilities.

The entrances and exits of the building also come under common areas and facilities. The basements, cellars, yards, gardens, parking ar­eas and storage spaces are also common.

The premises inside the building meant for the lodging of caretakers or persons em­ployed for the maintenance of the property also come under common areas.
Installations connected with power, light, gas, hot and cold water, heater, refriger­ation, air-conditioning and incinerating equipments are also part of common areas. The elevators, tanks, pumps, motors, fans, compressors, ducts and in general, all ap­paratus ex­isting for common use is covered by the term.

Limited  common  area

Apart from absolutely common areas there are also limited common areas and facilities. They can be limited to a certain apartment or apart­ments and will not be accessible to other apartments. They are allotted as per the agreement with the builder.

Normally, when two or more persons own a proper­ty, they will have an undivid­ed interest in the property. One or more persons having co-ownership of a property can claim partition. 

The term 'Partition' means division of an identified share of a person. In the case of apartments nobody can claim a partition.

The apartment and the undivided interest in the common areas and facilities, is inheritable and transferable. You can, therefore, inherit, sell, mort­gage, lease, gift, settle, ex­change or deal with the property in any manner.

You will have the same rights, privileges, obliga­tions, liabilities and remedies, as any other immovable property owner. You can also bequeath or will the apartment and the undivid­ed interest in the common areas.

The undivided interest in common areas and facilities is computed on the basis of the flat's plinth area.

Owners'  Association

If the building has five or more apartments or three or more floors, an Association or Society of Apartment Owners has to be registered under the Co-operative Societies Act or the Societies Registrations Act, 1975.

The objects of the Associ­ation have to include main­tenance of all common areas and facilities, limited common areas and facilities and provide the amenities needed by the apartment owners.

If there are prof­its, it should be distrib­uted to all the apartment owners.

The common expenses have to be shared by the owners as per the percentage of their undivided in­terest in the common areas and facilities.

Maintenance  charges

Maintenance charges are also collected on the basis of the ownership of the number of apart­ments regardless of the undivided interest of the owners.
The common expenses will include amounts de­termined payable by the Asso­ciation, expenses of adminis­tration, maintenance and repair of common areas.
As an apartment owner you cannot do anything which will endanger the structural safety of the property or re­duce its value.

You will also require the permission of other owners to add any structure or undertake excavation or construct additional units or do anything which will affect the others.

Monday, June 23, 2014

GUIDELINES TO PURCHASERS OF APARTMENTS

 
http://bangalore5.com/

People with different culture, taste and habits living in separate dwelling units situate within a compound is not new to the country as it was prevalent in the past under the name and style as Vatara houses wherein small dwelling units were constructed within a compound for occupation and use by different families as their residence

Vatara houses were constructed in horizontal or in L shape rows with single storey structures unlike the present day multiple storey vertical apartments

Apartment culture 

Apartment culture, though of recent origin, has gained tremendous acceptance by the people in a very short time. Generally, it is seen that in apartments, people of different back- grounds, origin and culture live in good harmony and brotherhood. Shalimar Apartment, built in early seventies was probably the first Apartment that was constructed in Bangalore. Apartment culture further gained acceptance in early eighties when several apartments were built in Malleshwaram and other places. Since-then construction of apartments is in full swing in Bangalore and a large number of reputed builders and Promoters are busily engaged in the development of jlifferent Apartment Projects in and round Bangalore to meet the ever increasing demand for commer- cial and residential apartments.

Merits of apartments 

Apartments have certain advantages in comparison with the independent houses. The first and foremost advantage the purchaser of an apartment will enjoy is that he need not have to worry about the issues like obtaining plan sanctions, finding a building contractor, supervising the construction work, obtaining basic amenities such as water, power, sewerage facilities for the building and so on which is taken care of by the Developer. The purchaser of apartment need not have to worry for any civic problems which he may encounter after his occupation of the apartment, since these problems are tackled by the Apartment Owners Associationl Builder for which a nominal charges are levied. 

The next advantage an apartment owner gets would be the social harmony he would get due to community living. A sort of bondage is developed amongst the residents of apartments.

Further, for the exclusive use of apartment owners / occupants almost all the apartments now-a-days, do have facilities like gym, health-club, recreational center, sports club, swimming pool, private security system within the premises for which again a nominal fee is charged.

Demerits of Apartments 

Even though living in apartments do have many advantages, they are not totally free from disadvantages. A Person who lives in an apartment generally is deprived of his privacy. Further, the apartment owner is prevented from carrying out any major addition, alteration or modification to his apartment to suit his needs. All such repairs, alterations and modifications are to be carried out with least inconvenience to other apartment owners and any damage or loss caused to the other apartment owners are to be compensated. The amount collected by the Apartment Owners Association to meet the expenses for general maintenance and upkeep may be more than what a person would have spent had he owned an independent house and could be much more than what is required for such maintenance. There is every likelihood of such a common fund being misused by the office bearers of the Association or over which there could be some misunderstanding amongst the apartment owners leading to unsavoury situation.

Apartments would fetch a much lower price compared to an independent house during its second sale. Further, any dilapidated single apartment would fetch no buyers since the land on which such apartment is built is owned by all the apartment owners and the seller does not have the exclusive ownership right over the land on which such apartment is situate. On the contrary, a dilapidated independent house would generally get prospective buyers irrespective of the condition of the structure since new structures could be put on such sites after demolishing the existing ones and the seller of such a dilapidated house will transfer his right, title and ownership of the land as well.

How to proceed? 

As in the case of purchase of any other property, verification of ownership title is one of the pre-requisites for purchase of an apartment also. Though the builder of apartments provides legal opinion given by his advocate regarding subsistence of marketable and valid title of the vendors, it is always better that the intending purchaser of an apartment gets the title report of the property scrutinized from an advocate of his choice having vast knowledge and experience in property dealings. The legal scrutiny report shall contain detailed information regarding the origin, flow of title, present status of the owner, validity of the OPA, Joint Venture, if any, entered into between the owner and the Developer. 

Another very important aspect which requires consideration is to ascertain whether the approval for construction of apartments and the plan has been obtained form the competent authority and to find out whether commencement and completion certificates have been issued by such an authority. 

Location of the building is another important aspect which one has to consider before purchasing an apartment. This is mainly because any building which has no proper access to main roads with insufficient public transport and other civic amenities such as water, electricity supply, proper, sanitation, parks, market place, hospitals, schools, etc. would put the purchaser of flat to a great hardship and inconvenience.

Apart from all these, the previous history and record of the Builder is necessary to be verified for which purpose, it is always advisable to visit some of the4 projects executed by the builder in advance.

Powers of the Sanctioning Authority 

For grant of approval for building construction and the plans, different authorities are delegated with this power under different statutes. While, the village Panchayats are empowered to give license for construction of building consisting of ground and first floor, the City Municipal Corporation can approve plans for ground plus three upper floors. The BMP or BDA can approve building plans of land for construction of multistoried buildings apart from constructing an independent house. In the case of high rise buildings consisting of more than four floors, No Objection Certificates form BWSSB, BESCOM, Fire force authority, BSNL, Airport Authority of India and Karnataka State Pollution Control Board are to be compulsorily obtained. 

It must be kept in mind that anyone who violates the building bye-laws and zonal regulations would expose himself to the risk of demolition of such structure any time in the future.

Conveyance / Sale Deed 

Normally, before purchase of an apartment, a sale agreement is executed by the Owner, [represented by the OPA Holder where there exists a OPA holder] and the Builder, agreeing to sell an undivided share in the land in favour of the intending purchaser. While at the same time, a construction agreement is also executed by the Builder in favour of the intending purchaser agreeing to construct an apartment for him. Once construction of apartment is complete, a sale deed is executed jointly by the vendor of the land and the builder/Promoter in accordance with the terms and conditions of the Joint Development Agreement, if any, in favour of the purchaser. The sale deed specifically recites the duties and responsibilities of the buyer and the seller. As regards sale consideration, it is arrived at upon consideration of the various aspects such as location, specification of the work, carpet area and percentage of Carpet area to Super Built up Area and as agreed to between the parties.

ndivided Share of Land 

Undivided share is the percentage of share conveyed in the total land along with the apartment to the purchaser. this percentage depends upon the built up area of an apartment and the actual extent of land upon which the apartments are constructed. As the built up area increases the undivided share over the land also increases. 

Undivided Share of Land 

Undivided share is the percentage of share conveyed in the total land along with the apartment to the purchaser. This percentage depends upon the built up area of an apartment and the actual extent of land upon which the apartments are constructed. As the built up area increase the undivided share over the land also increases. 

Super Built-Up Area 

Super built up area is the saleable area generally applicable to apartments. Super built up area consists of actual flat area plus proportionate common areas like staircase cum verandah, balcony, lift area and other common areas etc.
Since the price of an apartment depends upon the super built up area, it is advisable for the purchaser to have some knowledge about Carpet area, plinth area and super built up area before purchase of an apartment. Generally super built up area should not be more than 25% of the carpet area.

Purchaser shall bear registration expenses 

It is obligatory on the part of the purchaser to bear the expenses incurred towards stamp duty, registration charges and other incidental expenses to be incurred in connection with the registra- tion of the apartment. Infact, the Builders are collecting Sales tax, service tax, statutory deposits for Bescom and BWSSB. 

Registered sale deed 

Registered sale deed is the primary document which establishes ownership title of the apartment in favour of the purchaser. Relying on the sale deed the concerned Revenue authorities issue other supporting documents of title such as Khatha Endorsement, Khatha Extract and the Tax paid receipts.

Registration under Apartment Owners' association 

After completion of construction and handing over of the apartments to the purchasers, the owners of such apartments are required to form an association for the general well-being of the owners or residents of the apartments and for maintenance of common areas. Upon formation of such an association, the builder is duty bound to hand over originals of all the relevant title deeds, detailed drawings of electrical, water and sanitary lines to enable the Association to utilize the same for the common good whenever required.

A word of caution 

Do not go by glossy advertisements and tall claims of the builder. There are several instances wherein the apartments purchased by a few are inflicted with certain latent defects which remain unattended to by the builder when once the sale transaction is complete pushing the purchaser to suffer both in terms of comfort and finance. There are many reputed builders available in the market with impressive track records. Choose anyone of them and have a peaceful enjoyment of your apartment.

Saturday, June 21, 2014

Mantri Premero Multistorey Apartments for sale Located at Sarjapur Road, Bangalore available with 2BHK and 3BHK Apartments.

Mantri Premero Multistorey Apartments Area Range on Request Located at  Sarjapur Road, Bangalore available with 2BHK Apartments and 3BHK Apartments.

http://bangalore5.com/project_details.php?id=1615


Description:

Perfect homes for members of the corporate echelon who value perfection above all else.

Situated on Sarjapura Road, in a fast developing locality of Bangalore city, Mantri Premero is in close proximity to prominent IT and outsourcing hubs. Despite its location in the Silicon Valley of India, it is so designed that the carpet area and aesthetics of the homes within are not compromised in the race for commercialization.

A state-of-the-art gymnasium, well-designed swimming pool and ultra-modern internal amenities enable its residents to unwind after a challenging day at work.

This IGBC certified Platinum rating green building complex offers apartments configured as 2 BHK, 2 BHK + study and 3 BHK, designed with innovative concepts that are testimony to the fusion of versatile design engineering and thoughtful planning.

Amenities:

    Vitrified tiles flooring in bedroom & kitchen
    Branded CP & sanitary ware / fitting
    Granite kitchen platform with branded sink
    Ceramic tiles in toilets
    Laminated flush doors
    Video door phone with intercom facility
    High quality electrical fittings
    High speed elevator

EXTERNAL AMENITIES

    Gymnasium with yoga center
    Swimming pool with paddle pool
    Landscaped garden
    Children's play area
    Steam & jacuzzi
    Snooker & table tennis room
Housing Social responsibility of the Government

Housing  is one of the essential basic needs for a peaceful living  which is still remaining a distant dream for the people of Bangalore. On one side the population of the city is growing fast which has already crossed one crore mark. As such this problem has to be addressed on a war footing by the Government Agencies to provide affordable housing and thus prevent haphazard growth of the city.

But the main government agencies dealing with housing problems i.e., the Bangalore Development Authority (BDA) and the Karnataka Housing Board (KHB) are not taking any positive steps to solve this problem since a long time. This has provided ample opportunities to some of the unscrupulous developers who are forming illegal layouts and cheating the public of their hard earned money. This has further lead to the the haphazard, unplanned growth of the city without proper basic amenities like proper roads, parks, schools, etc., The government must take stringent steps to curb this menace  immediately before the situation goes out of control.

The BDA must take immediate steps to form new layouts with provision for basic amenities to meet the growing needs of housing. The present practice of simply forming the layouts without providing civic amenities and making the allottees to wait for several years for facilities may be discontinued. Further, it is suggested that proper rules / guidelines must be framed for development of private layouts in conformity with the BDA layouts.  Special attention is needed in providing necessary infrastructure while forming the layouts itself keeping in view the development of the areas in the next 20 years. Apart from this the BDA may also take initiative in developing full fledged townships on the outskirts with civic amenities and better road and rail connectivity. This will ease the congestion / pressure on the infrastructure in the central business areas. Further, the KHB must take up projects to construct houses with good planning and quality. At present most of the flats constructed by them are remaining unsold because of high price. On the other hand it is suggested they must construct affordable flats / houses to cater to the needs of the middleclass, lower income group and economically weaker sections of society.

The housing needs of the people cannot be fully met by the government agencies like BDA/KHB alone. Hence, the role of the private property developers cannot be overlooked. It would be fair and also necessary in the present situation if the Government encourage private property developers to form layouts. But, it would be better if the government introduces the single window clearance system for approval of layouts formed by them to avoid unnecessary delay in granting approval avoiding bureaucratic bottlenecks which leads to corruption. At the same stringent punishment may be inflicted on the property developers who violate building bye laws, other statutory regulations and cheat the public.