advocateselvakumar

Monday, 23 May 2016

DESIGN AND MAINTENANCE OF BUILDINGS

It is every one’s dream to own a house of his liking, but it needs a thorough and vigorous planning right from the beginning. Various steps in such planning can be as under:

Planning and Designing:

The perfect planning comprise of knowing all the details of planning and design of the house. These aspects should be taken into account for proper orientation to ensure that

benefit of natural daylight;

adequate natural ventilation;

soil analysis and treatment for termites;

use of energy efficient construction materials;

easy maintainability;

aesthetics;

facility for extension/modification;

Interior furnishing:

It should be ensured that the interior furnishing shall be done with ergonomic aspects in view, proper selection of colours for wall paint and drapery and effective carpenting.

Exterior finishings:

The exteriors should include the right of plants, trees and laws.

Safety measures:

Several factors related to multi storied buildings, apartments and clusters of interconnected buildings with regard to safety measures, are mentioned

hereunder:

The buildings and associated services should invariably keep safety aspect as one of the most important, vital and fundamental considerations: This includes, among other things

Proper approach;

Slope;

Correct width;

Tread and rise of staircase steps;

Elevators of proper rating/grading;

Emergency staircase;

Proper illumination for stairways and corridors;

stair case and corridor lighting.

Besides the above, it is also equally important to take into consideration, the following:

Fire detection and alarm system;

Proper storage of garbage;

Parapet walls/barricades in terrace area;

Emergency first aid facility.

Maintenance:

Proper effective and timely maintenance is the key to long life, good and nice appearance, comfortable living and safety. This aspect also assures besides other factors, good market value for the property.

The maintenance of buildings includes:

Periodic window cleaning;

Repainting of internal and external surfaces;

Painting/polishing of doors, windows and ventilators;

Lubrication of rolling shutters and other metal doors;

Floor polishing;

The maintenance of the building also should cover not only the internal areas, but also the external surfaces and surroundings.

In the case of multistoried apartments and clusters of buildings attention should be paid to the common areas; and common utilities like:

Elevators,

Water storage tanks (underground and over head) and pumps;

Standby power supply plant,

Lawns,

Garbage disposal area,

Playground, etc.

However, these are normally taken care of by a committee set up for the purpose by the Association of Apartment owners’.

Besides the above, following are some of the suggestions to ensure a safety, comfortable and trouble-free dwelling place:

Ensure that the building plan is approved by the statutory authority and that it adhered to the various regulations/laws prescribed;

Entrust the design of the building to a competent designer;

Get the work executed by a suitable person with proper license and expertise;

Draw out contract specifications clearly to avoid disputes at a later stage;

Inspect the construction materials and workmanship periodically during execution and progress of the work to ensure adherence to stand specifications;

Most importantly ensure that proper earthing is done for entire electrical installation in the building.

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Property Documentation

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Saturday, 21 May 2016

HOLDING OF PROPERTY BY COMPANY.

HOLDING OF PROPERTY BY COMPANY.

A Company is an artificial person created under the Companies Act 1956 with the right of perpetual succession and use of its unique and individual common seal. It is a legal person different from its members/shareholders and possesses the right to enter into valid contracts for sale, purchase, to hold, to lease out or take on lease and to mortgage immovable properties in its own name.

There are two important types of companies viz; Private Limited Company and Public Limited Company. Any two persons can form a Private Limited Company though its membership/shareholders are limited to 50; whereas, a minimum number of seven persons are required to form a Public Limited Company.

Under the Companies Act, registration of both Private Limited Company and Public Limited Company is compulsory. Thereafter a certificate of incorporation is issued on registration by the Registrar of Companies. The Registrar of Joint Stock Companies issues a certificate for commencement of business to the Public Limited Companies, However, this certificate is not required to form Private Limited Companies.

Memorandum and Articles of Association:

The Memorandum and Articles of Association are important documents of a company. The memorandum refers to the objectives and powers of the company and articles of association deals with the powers, duties, liabilities of the Board of Directors, share holders/members and rules and regulations governing the management of the company.

Common Seal:

Companies are inanimate bodies who cannot execute documents themselves, and hence all the official documents belonging to or relating to the company requires its common seal to be affixed on all documents in addition to the signature/s of its authorized officers to authenticate the company documents. The common seal is used as a physical impression made upon the documents executed by the companies and is a special seal engraved on a steel block.

Authorized Officers

Officers of the companies may be authorized to represent the company through board resolution passed in Board Meetings of the Board of Directors of a Company or by an authorized committee of the Board. Such persons, however, are required to affix the common seal of the company in addition to their signature/s to authenticate the company documents. In case of certain companies the articles of association deal with the common seal.

Immovable Property Transaction:

The Transfer of Property Act mentions that a living person includes a company. and it is taken for granted that all outsiders are aware of the contents of the Memorandum and Articles of Association of a company. The memorandum and Articles of Association deals with the objectives of the company and the powers and rules regarding governance of the company must be verified to ascertain that the transactions are as per the objectives and are not ultra virus of the powers conferred on a company. The Articles of Association specifically deal with powers of the directors regarding sale, purchase and mortgage of immovable property. The company may also execute Power of Attorney under its common seal empowering any person to execute deeds on its behalf. The Directors, Managing Agents, Secretary, Treasurer, Manager or any authorized official may also authenticate the documents on behalf of the company and it need not be under the common seal.

Procedural aspects to be borne in mind:

The Companies Act under Section 293 has restricted the powers of the Board of Directors to convey property belonging to the Companies whereby the consent of the General Body of the Company is mandatory to sell, lease or otherwise dispose of the whole or substantially the whole undertaking of the company. Likewise the consent of the general body of the company is necessary to borrow in excess of the aggregate of the paid up capital and free reserves. The only exception is to temporary loans taken by the company from its bankers in the ordinary course of its business. So while transacting with the company it is necessary to ascertain that the property is not whole or substantially whole part of the undertaking of the company and if the transactions involve whole or substantially whole part of the undertaking, the consent of the general body is obtained.

Foreign Companies

The Foreign companies who enter into any kind of transaction in India, are governed by Foreign Exchange Management Act, 1999. According to the FEMA, a company registered outside India, which has established a branch Office or other place of business in India for carrying on any activity in accordance with Foreign Exchange Management Regulations 2000, excluding liaison office, can acquire an immovable property in India which is necessary for carrying on its activity after complying with the requirement of the applicable laws, rules, regulations and directions in force for the time being in force.

For More..........:

Property Documentation

Property registration

Friday, 20 May 2016

APPROVAL OF BUILDING PLANS AND TRANSFER OF KHATHAS

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Government of Karnataka vide its Circular Ref. No. HUD/259/ MLR/96 dated: 19/11/1996 has clarified many points relating to the approval of Building plans and transferof Khathas in Bangalore Urban District area by the City Municipal Councils and Town Municipal Councils.

City Municipal Councils and Town Municipal Councils in Bangalore Urban District are empowered in sanction of plans of building comprising of ground+3 floors, after the plans are scrutinized by the Junior Town Planning Authorities. However, it was stipulated that the plans should conform to the land use and zonal regulations of the revised comprehensive development plan (CDP) of Bangalore. Further, it was stipulated that the building plans shall be sanctioned only after effecting the transfer of Khatha.

Accordingly, the City Municipal Councils and Town Municipal Councils in Bangalore Urban District are given powers to transfer the Khatha under Section 111 to 113 of Karnataka Municipal Act, 1966; provided that the sites are formed after the land is converted and layout approved by the erstwhile Panchayats and subject to compliance of land use as per the Comprehensive Development Plan (CDP). Further, it was held that the local bodies should collect betterment fees as prescribed by the Bangalore Development Authority, from time to time.

It was further clarified that, in case Khatha is already transferred, the local bodies have to collect development fee, in addition to betterment fee for the building floor area at 2% for residential; Rs.4/- for industrial area and Rs.10/- for commercial area per Sq.meter, before sanction of the plan. Further, it was decided that the Sanctioning Authority of the Plan should verify whether there is access to the site or otherwise, even if the site is a part of layout approved by panchayat/notified area committee.

It was also held that though the layout area is approved by the Panchayats/notified area committees, the Municipal Commissioner / Chief Officer shall not sanction the building plans, if there is a change in the land use from Comprehensive Development Plan (CDP) proposals. Such cases should be directed to approach BDA for change of land use.

The local bodies should not transfer the Khathas, sanction the building plans in the layouts approved by the BDA, until such layouts are handed over to local bodies. Further local bodies shall not entertain any transfer of khatha, sanction of building plan; if the site is in the notified area of acquisition of BDA, the details of which may be obtained from the BDA.

Further, it was directed that the local bodies in Bangalore urban district area are not permitted to approve layout plans/group housing and other development plans, which should be referred to BDA.

It was however held that all the building plans above ground+ 3 floors needs clearance from BDA before sanctioning.

For More..........:

Property Documentation

Property registration