General Liabilities of Promoter

(1) Any promoter who intends to sell an apartment, shall make a full and true disclosure in writing of following to an intending purchaser and the Competent Authority:-
(a) rights and his title to the land and the building in which the apartments have been or proposed 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 or submitted for approval to the local authority of the entire building of which such apartment forms part;
(d) detail of all common areas and facilities as per the approved layout plan or building plan;
¹[(dd) Built-up area and common area of an apartment];
(e) the nature of fixtures, fittings, and amenities, which have been or proposed to be provided;
(f) the details of the design and specifications of works or and standards of the material which have been or are proposed to be used in the construction of the building, together with the details of all structural, architectural drawings, layout plans, no objection certificate from Fire Department, external and internal services plan of electricity, sewage, drainage and water supply system etc. to be made available with the Association;
(g) all outgoings, including ground rent, municipal or other local taxes, water and electricity charges, revenue assessments, maintenance and other charges, interest on any mortgage or other encumbrance, if any, in respect of such land, building and apartments;
(h) such other information and documents as may be prescribed.
(2) Every promoter shall,
(a) specify in writing the date by which, construction of the apartment is to be completed subject to force majeure clause and intimation sent to such purchaser;
(b) declare the penalty for delay in completion of the building and also penalty in the event of non-payment of instalment by the purchaser;
(c) declare the conditions for cancellation or withdrawal of allotment and the extent of compensation either way in the event of violations of any of the conditions.
(d) give the intending purchaser, on payment of photocopying charges, true copies of the documents referred to in this section.
(3) Where a building or apartment is proposed to be constructed by a promoter, the Jal Sansthan or the Uttar Pradesh Power Corporation Limited or the local authority, may supply water and electricity respectively on a temporary basis on intimation of approval of the plan by the prescribed sanctioning authority:
Provided that the Jal Sansthan or the Uttar Pradesh Power Corporation Limited or the local authority may, on an intimation from the prescribed sanctioning authority, disconnect such supply of water and electricity as the case may be, if the promoter proceeds with the construction of building contrary to the approved plan, except for such deviations as are within the permissible limits:
Provided further that no such disconnection of supply of water and electricity, as the case may be, shall be made by the Jal Sansthan or Uttar Pradesh Power Corporation Limited or Local Authorities without first giving a show cause notice and providing opportunity of hearing for intended disconnection and also recording reasons in writing thereof.
²[(4) After plans, specifications and other particulars specified in this section as sanctioned by the prescribed sanctioning authority are disclosed to the purchaser to home allotment letter in respect of an apartment is issued, the promoter may make such additions are alternations except any change in the location and character of parks and green areas earmarked in the originally approved plan, as may be necessary due to architectural and structural reasons duly recommended and verified by authorized architect or engineer after proper declaration and intimation to said purchaser:
Provided that the promoter shall not make any alterations in the plans, specifications and other particulars without obtaining the permission of the prescribed sanctioning authority:
Provided further that after completion fully or partially of a project or of a particular phase of a project, the promoter shall not make any alternations in any building or common areas and facilities in respect of which completion certificate has been issued];
(5) An apartment may be transferred by the promoter to any person only after obtaining the completion certificate from the prescribed sanctioning authority concerned as per building bye-laws. The completion certificate shall be obtained by promoter from prescribed authority ³[within the period specified for completion of the project in the development permit or the building permit as the case may be]; Provided that if the construction work is not completed within the stipulated period, with the permission of the prescribed authority;
Provided furthar that if the completion certificate is not issued by the prescribed sanctioning authority within three months of submission of the application by the promoter complete with all certificates and other documents required, the same shall be deemed to have been issued after the expiry of three months. Explanation: For the purposes of this sub- section completion means the completion of the construction works of a building as a whole or the completion of an independent block of such building, as the case may be.
(6) After obtaining the completion certificate as provided in sub-section (5) and handing over physical possession of the apartments to the allottees, it shall be the responsibility of the promoter to hand over the possession of the common areas and facilities and also the originals of the plans and documents to the Association of apartment owners formed and registered under sub-section (2) of section-14.
⁴[Provided that handing over of physical possession of the common areas and facilities under this sub-section shall be completed within a period of one year from the date of issue of completion certificate or the date by which sixty percent of the apartments have been handed over to the owners, whichever is earlier, subject to the condition that the promoter shall be responsible for the sale and transfer of the balance apartments];
(7) The promoter shall maintain the common areas and facilities till the Association is formed in accordance with the conditions laid down in sub section (2) of section-14 and shall be entitled to levy proportionate maintenance charges as specified in the declaration.
(8) The promoter shall be responsible upto two years after handing over the apartments regarding construction and structural defects in the building constructed by him and he shall get such defects removed at his own cost, failing which he shall liable to pay compensation for the losses incurred by him for such defects.
(9) The promoter shall pay all local taxes including house tax, water tax, sewer tax, until and unless subleases have been executed in favour of the apartment owners