Development Project involves the plethora of rights, powers, obligations, duties, responsibilities of the property owner, developer/builder, architect, lawyer, building contractor, purchaser and other concerned person vis-à-vis the property under development and here the services of experienced lawyer are called for.
With the changes in and modernization of, the housing policy of the State and the Union, a law firm is fiercely expected to constantly keep posted its knowledge base regarding governmental attitude and approach towards the issue as the same largely influence and inspire the government housing & urbanisation policy which causes amendments, additions, modifications to and in the Town Planning Enactments, land laws, Development Control Rules and Development Control Regulations, Regional Plan, etc. Thus while drafting indentures like Development Agreement a law firm has to minutely keep track of legislative and regulatory process in relation to land development and urbanisation.
While providing legal assistance in the Development Projects a lawyer has to perform various tasks of scrutiny of ownership, counselling, documents examination and drafting, obtaining statutory compliances and the likes.
Scrutiny and Examination of land records:
A lawyer appointed for property Development Project undertakes scrutiny of various deeds and documents, conducts examination and analysis of land records including Village Extract No. 6, Village Extract No. 6C, Village Extract No. 7/12, Village Extract No. 6A, Village Extract No. 7B, Village Extract No. 8A, Gat scheme Extract, Kami-Jast Patrak, Aakar Phode Utara, Phalni bara, Gatbook Plan, Village Map, Zone Certificate, records in various government offices i.e. Settlement Commissioner’s Office, City Survey Office, and many more.
Examination of the nature of property under various enactments:
An expert and experience lawyer identifies and analyse the impediments, barriers, hindrances to the lawful development of the property and thus provides effective solutions and substitutes to the developer.
Compliance under land use laws:
Under Development Project a lawyer has to constantly provide counselling in procurement from the Government Departments of various Orders, Sanctions relating to Non-Agriculture Use; Amalgamation, Division and Sub Division of Land; Environmental Clearances; Revenue Clearances; Demarcation Of Land; Layout; Updating Title.
Compliance concerning Building Plans & Construction:
Building Plans are prepared by a Architect in accordance with the Development Control Rules whereunder a lawyer is cast with a duty of preparing various legal papers, bonds, documents including Development Agreement, Power of Attorney, Search & Title Report, Public Notice, Transfer of Development Rights (TDR) to enable the architect to obtain sanction and permissions to the building plans from the concerned Appropriate/Competent Authority.
Where feasible a lawyer also assists the Developer in the legal process of procuring and loading up of TDRupon the property under development which augments the potential of land development.
While carrying out the development project a Developer is required to grant contracts to various Contractors which contractual relationship is incorporated by a lawyer in Building Contractor’s Agreement.
Compliance under Flat Ownership Enactment:
A Developer seeks a lawyer’s advice in carrying out various compliances under Flat Ownership Enactment which defines the rights, obligations, terms, conditions, stipulations to be incorporated in the Developer’s Sale Agreement (Builder’s Agreement) to be executed in favour of the Purchaser.
Compliance under Co-operative Housing Society laws:
While continuing with the Development Project we reach an important stage of formation of Housing Society where the services of lawyer are solicited. Legal assistance is provided in filing in the various legal forms and applications required for the registration of a housing society under Co-operative Society enactment which specifies the procedure of membership, share certificate, managing committee, etc. A lawyer prepares the Final Conveyance and assists in its registration.
Compliance under Apartment ownership laws:
Where instead of opting for Co-operative Housing Society it is decided to form Condominium of Apartment Owners then legal assistance is sought in the preparation and registration of Apartment Declaration Deed under Apartment Ownership enactment pursuant whereto Apartment Deed is drafted and registered in the name of each of the apartment owners.
Compliance under Company laws:
If formation of both Co-operative Housing Society and Condominium of Apartment Owners is stroked out then the third option is formation of Company limited by Guarantee not having Share Capital under section 25 of the Company Act, 1956 where the role of lawyer entails preparation of Articles of Association, Memorandum of Association and various other papers required for incorporation of a company.
Compliance under laws relating to Hospitality, Sports and Recreation:
A promoter of Hospitality, Sports and Recreation Projects seeks counseling and consultation of a well experienced Law firm in making various compliance under the relevant laws, enactments, regulations, etc; where an experienced lawyer needs to be constantly posted about the laws concerning land use, statutory and regulatory sanctions, approvals, etc.