Deed of Declaration (DoD) — Inspection & Verification Guide
What is Form A / Form B under Section 4 of the UP Apartment Act 2010, how to obtain your society’s DoD via RTI, and how to detect unauthorized builder alterations to common areas.
Plain-Language Summary
The Deed of Declaration (DoD) is the master constitutional birth-certificate of your residential complex. Filed by the builder in Form A under Section 4 of the UP Apartment Act 2010 and registered with the Sub-Registrar and Competent Authority (GNIDA/Noida/YEIDA), the DoD legally locks in the total land area, number of towers and flats, sanctioned FAR, common areas, community facilities (clubhouse, parks, swimming pool, basements, stilt parking), and each flat’s exact percentage of undivided interest. Any asset listed as a "common facility" in the DoD belongs collectively to the apartment owners — the builder cannot sell, lease, or convert it.
1. Who Does This Guide Apply To?
- Every apartment owner whose sub-lease deed references an undivided share in land and common areas.
- AOAs and interim committees auditing what physical assets, club areas, and commercial shops rightfully belong to the society.
- Societies where the builder has revised layout plans (v1, v2, v3) or added extra towers/commercial spaces without buyer consent.
2. What Must Be Verified Inside Your Society’s DoD (Form A)
Schedule of Common Areas & Community Facilities
Common Areas ListCheck whether the clubhouse, gymnasium, community hall, guest rooms, swimming pool, stilt/basement parking, guard rooms, and maintenance offices are declared as Common Areas or Restricted Common Areas. Anything built within project FAR is owned by the allottees.
Percentage of Undivided Interest Attached to Each Apartment
Undivided Interest (%)The DoD contains an annexure table showing the super/carpet area of every apartment and its exact percentage of undivided interest in the common areas (totaling 100%). This percentage governs both legal ownership share and statutory rights.
Comparing Original DoD vs. Subsequent Amended DoDs
Multi-Version AuditBuilders sometimes file amended DoDs years later to shrink green areas or carve out commercial shops. Under Section 4(4) and Section 5, unilateral reduction of common areas without written consent of allottees and Authority approval is illegal and challengeable.
Mandatory Annexation to Every Tripartite Sub-Lease Deed
Sub-Lease AnnexationUnder Section 12(2) of the UP Apartment Act 2010, a true copy of the Deed of Declaration and Bye-laws must be annexed to every deed of apartment at the time of registration.
3. How to Procure & Audit Your Society’s Deed of Declaration
Need Standardized Legal & RTI Drafts?
Access ready-to-use RTI applications, 14-day GBM notices, and statutory builder handover demand letters.
Related References & Official Links
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