Last Updated on 2 weeks by ChennaiRealties

Undivided Share of Land

Undivided Share of Land or UDS is the concept of owning land by a group of people. No part belongs to any individual. This concept is behind the development and promotion of Apartments/Flats.In an Apartment complex, all the Apartment owners own the land. This includes Land underneath the building structure. It doesn’t belong to any individual. Dividing the Land in the name of Individual is not at all permissible.  

But, each Apartment Owner has his share of land. This is proportionate to the super built-up area of his/her Apartment. This Undivided Share of the Land (UDS) is registered in the name of the apartment owner. Thus, each Apartment has an associated UDS.

The sum total of all registered UDS in a Complex should be equal to the total extent of the land in which the complex. If this total falls short of the total land area, it means the builder retains some part of the UDS to himself. This will enable the Builder to Build more in the future. A look at the Approved Plan and will show how much the Approved Plan allows the Builder to Build.

On the other hand, let us assume that the total of all the UDS registered in a complex is above the total area of the land. Then the Builder would have violated the Rules on more than one ground. In such cases it will be difficult to get the Completion Certificate from the Local Bodies.

The Builders Agreement will mention the super built-up area for arriving at the UDS.  

How much should be the UDS that must be associated with your flat?

It is=Total Super Built up area x Super built up area of one’s Apartment  Total Land Area.Total Land Area. Note: The Approved Plan will show the Total Super built area. And the Builders Agreement will show the UDS registered in one’s name and the Total Land Area.

It’s the land component of an apartment, i.e. the UDS, that appreciates in value. But, the building component depreciates in value over time.

One response to “UNDIVIDED SHARE OF LAND – UDS”

  1. a land owner , transferred UDS to various buyers of apartments .
    The land owner retained a part of UDS , in the hope that in future they may be able to get permission to build an additional floor.
    They could never get the permission for many years .
    At this stage , the land owners , quietly transferred he extra UDS in their control –to the 2 owners of apartments on the ground floor.
    Now these 2 owners have fenced off the area , claiming that since they have additional UDS , this land belongs to them.

    The excess UDS is part of the statutary set back areas — which again by law — no once can fence / gate and build any structure on .

    I request your opinion

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