Chapter-1 Preliminary

1. Short Title and Commencement:

(1) This Act may be called as “[The] Ownership of Joint Housing Act, 2054 (2010)”.

(2) It shall come into force on such date as the Government of Nepal may by a notification published in the Nepal Gazette, specify.

2. Definitions:

Unless the subject or the context otherwise requires, in this Act,— (a) “Joint Housing” means and includes any building consisting of two or more than two apartments with two or more floors built on a plot of land and two or more than two buildings designated as a block, pocket or any building of a similar designation and the land, compound and complex ancillary thereto.

(b) “Apartment” means a unit of a building consisting of one or more than one rooms that could be used independently in a joint housing along with collective areas and facilities.

(c) “Promoter” means any corporate body incorporated under the laws in force and authorized to build and operate joint housing in pursuant to section 5.

(d) “Apartment Owner” means any person or corporate body buying, leasing or possessing, subject to the terms and conditions set forth in the agreement as referred to in this Act, an apartment in any other manner.

(e) “Collective Area and Facility” means the collective areas and facilities as referred to in section 16.

(f) “Restricted Collective Areas and Facilities” means areas and facilities built or meant only for certain apartment owners.

(g) “Agreement” means any arrangement entered into between a promoter and an apartment buyer for the purchase, lease or possession thereof in any other manner.

(h) “Committee” means a housing management committee formed pursuant to section 24 to look after, manage and operate of a joint housing.

(i) “Competent Authority” means a competent entity or person designated as such by the Government of Nepal, by notification published in the Nepal Gazette.

(j) “Prescribed” or “As prescribed” means prescribed or as prescribed in the rules made under this Act by the Government of Nepal by notification published in the Nepal Gazette.