Extent and Commencement of UP Apartment Act – Prashant Kanha Advocate on Record Supreme Court of India

Table of Contents

A Commentary on Section 1 of UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 with frequently asked questions.

Bare Text of Section 1

Section -1: Short title, extent and Commencement:

(1) This Act may be called the Uttar Pradesh Apartment (Promotion of Construction, Ownership, and Maintenance) Act, 2010.
(2) It extends to the whole of State of Uttar Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint

1. Legislative Purpose and Structure of Section 1

Section 1 of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 performs the foundational functions of legislative drafting. It names the enactment, delineates its territorial reach, and specifies the mode of its commencement. The short title, “Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010”, encapsulates the twin objectives of the legislation: to facilitate the promotion of apartment construction and to regulate ownership and maintenance in collective housing. This dual purpose distinguishes it from the earlier U.P. Ownership of Flats Act, 1975, which was narrower in scope.

By expressly extending the Act “to the whole of the State of Uttar Pradesh,” Section 1(2) ensures uniform applicability across all urban and semi-urban jurisdictions, whether governed by industrial or urban development authorities like Noida or Lucknow, or by municipal bodies or panchayats. This feature remedies the earlier patchwork of local regulations and creates a single statutory framework for apartment ownership and management throughout the State.

2. Commencement by Notification and Its Legal Consequence

Section 1(3) stipulates that the Act “shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.” This technique of deferred commencement reflects a well, established principle in Indian legislative practice, allowing the executive to operationalise an enactment only after necessary administrative machinery; such as rules, bye-laws, and designation of competent authorities, has been created.

The State Government accordingly brought the Act into force on 21 July 2010, by notification published in the Uttar Pradesh Gazette, after the Act received gubernatorial assent on 18 March 2010. The use of a notification clause gives the executive flexibility while ensuring formal public promulgation through the Gazette.

The Supreme Court has repeatedly emphasised that where a statute prescribes commencement by notification, no right or liability can arise prior to that date. In Harnam Singh v. Raksha Rani (1994) 2 SCC 390, the Court held that “where the legislature leaves it to the executive to appoint a date for commencement, rights, obligations and disabilities under the Act spring into existence only from the date so notified.” Similarly, in State of Punjab v. Mohar Singh Pratap Singh AIR 1955 SC 84, the Court clarified that a statute comes into operation only when the condition of its commencement has been satisfied, either by express date or by notification duly issued. These precedents apply equally to the Apartment Act, affirming that legal obligations on promoters, owners, or associations could arise only after the notified date, 21 July 2010.

The Lotus Boulevard Espacia Apartment Owners Association v. State of U.P. (2024 SCC OnLine All 3144 : (2024) 166 ALR 668) judgment by Hon’ble Allahabad High Courtunderscores a fundamental principle of statutory interpretation, a law that stipulates commencement by government notification does not come into force until such notification is actually issued and published in the official gazette. The Allahabad High Court held that since the U.P. Apartment (Amendment) Act, 2016 had not been notified under Section 1(2), its provisions, including the new 60% occupancy requirement for registration of apartment associations, never attained legal effect. The Court reaffirmed that the operative date of a statute is the date of its notified commencement, not the date of its enactment or assent, and any administrative or quasi-judicial action based on an un-notified amendment is void.

3. Federal Context and Territorial Competence

The inclusion of the extent clause in Section 1(2) is not merely formal, it reflects constitutional federalism in property governance. Under Entry 18, List II (State List) of the Seventh Schedule to the Constitution, “land, rights in or over land, land tenures and the relation of landlord and tenant” fall within the exclusive legislative competence of the States. Consequently, housing and apartment regulation are matters reserved for State legislatures.

The Supreme Court, in K.K. Bhaskaran v. State of Tamil Nadu (2011) 3 SCC 793, upheld the validity of similar state apartment ownership laws, reiterating that States possess exclusive competence to legislate on housing and property, provided such laws do not conflict with central legislation on contracts or transfer of property. Thus, Section 1(2) of the Uttar Pradesh statute affirms the State’s constitutional authority to enact a comprehensive code governing apartments and related common property.

4. Practical Significance of Section 1

Though seemingly procedural, Section 1 carries practical legal implications. First, by virtue of the commencement clause, any dispute arising before 21 July 2010 is governed by the prior law, the U.P. Ownership of Flats Act, 1975, and not the 2010 framework. Second, the statewide extension ensures that even apartments built on leasehold land under industrial development authorities fall within the same legislative umbrella, thereby harmonising governance between urban planning authorities and private developers.

Moreover, in subsequent jurisprudence—most notably the Supertech Ltd v. Emerald Court Owner Resident Welfare Association (Civil Appeal No. 5041 of 2021, decided 31 August 2021), the Hon’ble Supreme Court treated the UP Apartment Act as the operative law governing the rights of apartment owners in Noida, demonstrating its effective territorial and temporal reach. The Court underscored that promoters and authorities must adhere strictly to the statutory regime once it is in force, emphasising that violations of sanctioned plans or encroachments on common areas offend not only planning law but also the ownership and governance structure established by this Act.

Concluding Observation

Section 1, therefore, is not merely introductory but jurisdictional as it anchors the Act’s validity, defines its territorial reach, and determines the precise moment when statutory rights and duties arise. Through the mechanism of notified commencement and statewide application, it ensures clarity, predictability, and legal certainty – cornerstones of good legislative design. The judicial principle that statutory obligations arise only upon lawful commencement fortifies this foundation, making Section 1 both the gateway and the guarantor of the Act’s enforceability.

Key Cases Cited:

Harnam Singh v. Raksha Rani & Ors. (1994) 2 SCC 390.
State of Punjab v. Mohar Singh Pratap Singh AIR 1955 SC 84.
K.K. Bhaskaran v. State of Tamil Nadu (2011) 3 SCC 793.
Supertech Ltd v. Emerald Court Owner Resident Welfare Association (Civil Appeal No. 5041 of 2021, SC, 31 Aug 2021).
Lotus Boulevard Espacia Apartment Owners Association v. State of U.P. (2024 SCC OnLine All 3144 : (2024) 166 ALR 668)

Frequently Asked Questions on Section 1 – Uttar Pradesh Apartment Act, 2010

1. What is the full name of the Act and how should it be cited?

The Act is officially titled the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010. It is commonly cited as the U.P. Apartment Act, 2010 or UP Apartment (PCOM) Act, 2010 in legal and administrative documents.

2. Why is the phrase “Promotion of Construction, Ownership and Maintenance” included in the title?

The title signals the Act’s threefold purpose:

Promotion of construction — encouraging regulated apartment development;
Ownership — recognising apartment ownership as heritable and transferable property; and
Maintenance — establishing legal mechanisms for upkeep of common areas through associations.

3. When did the UP Apartment Act, 2010 come into force?

Although enacted and assented to on 18 March 2010, the Act came into force on 21 July 2010, by notification in the Official Gazette of Uttar Pradesh.

4. Why was a separate commencement notification necessary?

The legislature deliberately deferred commencement to allow the State Government to:

Frame the U.P. Apartment Rules;
Designate Competent Authorities for each district or development area; and
Prepare model bye-laws and administrative procedures.
This ensured the Act’s smooth and effective implementation.

5. What is the legal significance of the commencement date?

Rights, duties, and liabilities under the Act arise only from the notified date of commencement. No obligation on promoters, apartment owners, or associations can be enforced before 21 July 2010.

6. Which law governed apartment ownership before this Act came into force?

Before 21 July 2010, the governing statute was the Uttar Pradesh Ownership of Flats Act, 1975 (U.P. Act No. 50 of 1975). Section 34 of the 2010 Act repealed that earlier law.

7. Does the Act apply throughout Uttar Pradesh?

Yes. Section 1(2) provides that the Act extends to the whole of the State of Uttar Pradesh, meaning it applies in every district—urban, peri-urban, or rural—where buildings contain four or more apartments.

8. Is the Act applicable to Noida, Greater Noida, and YEIDA?

Yes. Even though these areas fall under industrial development authorities established by the U.P. Industrial Area Development Act, 1976, Section 1(2) ensures the Apartment Act’s application there.
The Supertech Twin Towers judgment (SC, 31 Aug 2021) confirmed that apartment projects in Noida are subject to this Act.

9. Does the Act apply to buildings under the U.P. Housing Board or cooperative housing societies?

Yes, unless specifically exempted under Section 28.
Projects by the U.P. Housing Board, Development Authorities, or cooperative societies are covered if they contain four or more apartments and are not shopping malls or multiplexes.

10. Can the State Government exempt any class of projects or areas from the Act?

Yes. Under Section 32, the State Government may issue a general or special order exempting specific persons, projects, or areas from the Act if its operation causes undue hardship.

11. Why does Section 1(3) use the word “may”?

The word “may” signifies executive discretion: the Government is authorised—but not compelled—to bring the Act into force immediately. This allows time to prepare subordinate legislation and designate implementing authorities.

12. What happens if no commencement notification is issued?

If the Government fails to issue a commencement notification, the Act remains inoperative, despite legislative approval. This principle was affirmed by the Supreme Court in Harnam Singh v. Raksha Rani (1994 2 SCC 390), where it held that rights under a statute arise only after the date notified for commencement.

13. How is a commencement notification published and where can it be verified?

The notification is published in the Official Gazette of Uttar Pradesh. It can be verified from:

The U.P. Gazette archives, and
The India Code website of the Ministry of Law and Justice.
For this Act, the relevant notification is dated 21 July 2010.

14. Does the Act override local municipal bye-laws or planning regulations?

No. Section 1 only defines territorial extent. However, Section 31 later provides that the Act shall prevail in case of inconsistency with other laws. Planning and construction approvals under other statutes must still comply with the Apartment Act’s requirements on ownership and maintenance.

15. Does the Act automatically apply to all apartment projects constructed after 2010?

Yes. Any building with four or more apartments completed or sold after 21 July 2010 must comply with the Act’s requirements, including promoter declarations and registration of apartment owners’ associations.

16. Are shopping complexes or multiplexes included under this Act?

No. Section 2 explicitly excludes shopping malls and multiplexes from the scope of application, as their ownership and maintenance models differ from residential and mixed-use apartment buildings.

17. What constitutional basis allows Uttar Pradesh to legislate on apartments?

Housing and property fall under Entry 18, List II (State List) of the Seventh Schedule of the Constitution, giving the State exclusive legislative power. The Supreme Court in K.K. Bhaskaran v. State of Tamil Nadu (2011 3 SCC 793) upheld similar state apartment laws as constitutionally valid.

18. What if a project straddles the boundary between two districts or authorities?

Since Section 1(2) extends the Act to the whole State, it applies to the entire project regardless of district boundaries. Jurisdictional matters between authorities are resolved administratively by the State Government.

19. Can an individual challenge the commencement notification?

A commencement notification can be challenged only if issued without authority or in violation of statutory procedure, though such challenges are rare. Courts presume that executive notifications under commencement clauses are valid unless mala fides or jurisdictional error is shown.

20. Why is Section 1 important for developers and apartment buyers?

Because it determines when and where the Act applies. Developers must comply with the Act for projects launched after 21 July 2010, and buyers can assert rights under it only for apartments governed by this timeframe.

21. How does Section 1 interact with the Real Estate (Regulation and Development) Act, 2016 (RERA)?

RERA governs project registration, sale, and consumer protection, while the Apartment Act governs ownership structure, common areas, and association governance. Both operate concurrently within Uttar Pradesh’s housing framework. Section 1 ensures the territorial and temporal applicability for this parallel operation.

22. Did the Supreme Court rely on Section 1 while deciding Supertech Twin Towers (2021)?

Yes. In Supertech Ltd v. Emerald Court Owner Resident Welfare Association (C.A. No. 5041/2021), the Supreme Court noted that the project fell within Noida—hence within the Act’s territorial extent—and held that deviations in plan approval and encroachment on common areas violated both planning law and the Apartment Act.

23. How is Section 1 connected to the concept of “legal certainty”?

By fixing a definite commencement date and clear territorial extent, Section 1 prevents ambiguity about which projects are covered and from when. This reflects the rule of law principle that legislation must be prospective, certain, and publicly knowable.

24. Does the Act apply retrospectively?

No. The Act operates prospectively from 21 July 2010. The Supreme Court has consistently held that statutes creating new rights or liabilities are presumed to be prospective unless the legislature expressly provides otherwise (Govinddas v. ITO, (1976) 1 SCC 906).

25. Can the Government bring the Act into force in phases?

Yes, theoretically. Section 1(3) empowers the Government to appoint “such date” as it may notify. It could, if required, bring different provisions into force at different times by issuing multiple notifications. However, in practice, the entire Act was enforced from one date—21 July 2010.

26. Does the notification of commencement require legislative ratification?

No. The commencement notification is an executive function authorised by the statute itself and does not require further approval by the Legislature once issued.

27. How does Section 1 benefit apartment buyers in practice?

It ensures buyers know exactly from which date statutory protections—such as promoter disclosure obligations and association rights—apply. This clarity prevents retrospective application or uncertainty about when those safeguards begin.

28. Can development authorities issue their own commencement notices under this Act?

No. The power to bring the Act into force lies solely with the State Government under Section 1(3). Development authorities only implement the provisions after the Act is notified.

29. What happens if a developer executed sale deeds before 21 July 2010?

Such transactions are governed by the U.P. Ownership of Flats Act, 1975 or the Transfer of Property Act, 1882. The 2010 Act cannot retrospectively impose its obligations on those sales.

30. Does the commencement clause affect criminal liability under the Act?

Yes. Offences under the Act (Sections 25 and 26) can only be prosecuted for conduct after the commencement date. No penal provision has retrospective effect unless explicitly stated.