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Q.

What is the Difference Between a Deed of Apartment and a Deed of Declaration?

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When you buy a flat or are dealing with multi-unit property law under acts like the Apartment Ownership Act, there are two very different legal documents you should know about: the Deed of Declaration and the Deed of Apartment. A Deed of Declaration is a master document created by the developer, whereas a Deed of Apartment is essentially a sale deed. I have shared the difference between deed of apartment and deed of declaration below.

What is a Deed of Declaration?

A Deed of Declaration (DoD) is a foundational legal document created before individual apartment rights are given. It is usually executed by the sole owner or builder/developer of the entire property and is registered to bring the building under the provisions of the applicable Apartment Ownership Act.

It defines the entire property, including:

  • Description of the land and building layout

  • Number of units and common areas

  • Rights, responsibilities, and the share of undivided common areas for each unit

  • Rules governing the use of parts of the building and governance mechanisms

In simple terms, the deed of declaration makes the law applicable to the property and ensures the legal structure exists for apartments and shared ownership to function.

What is a Deed of Apartment?

The Deed of Apartment is an individual document for each flat owner. Once the DoD exists, this deed is executed between the person (often the developer initially, then subsequent buyers) and the purchaser of a specific apartment unit.

It typically contains:

  • Identification of the specific apartment (number, area, etc.)

  • Percentage of undivided interest in common areas allocated to that unit

  • Rights and restrictions linked to the unit based on the declaration document

This is all I know about the differences between a deed of apartment and a deed of declaration.

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