Abatement notice A notice served on
the owner(s) or occupier(s) of a property from which a private
nuisance arises, warning them of the intention to enter on the
land in order to abate the nuisance.
Absolute title 1. The right of
ownership of a mortgage deed, which gives the right, in
certain specified circumstances, to demand repayment in full,
of the outstanding debt than the due date. 2. A clause in a
deed or contract, which provides for the early termination of
an exciting interest in land, in certain specified
circumstances, thereby advancing the future interest.
Agreement for lease/sale A contract to enter into a lease (or
sale), which in order to be enforceable either must be
evidenced in writing and signed by the person against whom
action is taken for the breach of the alleged contract and
there must be a sufficient act of part performance.
Alternative user value The value of land and buildings which
reflects a prospective use which is different from that of the
current use.
Amortisation
1.(UK) The concept of writing off the capital cost of a
wasting physical asset by means of a sinking fund. 2. (USA)
Payment of a debt in equal installments of principal interest,
as opposed to interest-only payments.
Anchor tenant One or more department or variety chainstores, or
supermarkets, introduced into a shopping centre in key
positions to attract the shopping public into the centre for
the purpose of encouraging other retailers to lease shops en
route. The larger the developments the more anchors
required.
Annuity A
sum of money paid each year during the life of the recipient.
An annuity is usually paid as a legal obligation under a
contract or undertaking, as through a pension scheme, and may
be paid in installments more frequently than once every twelve
months.
Asset valuation In the property market this expression is applied to
the valuation of land and buildings or plant and machinery.
The term is often used to describe an expert opinion of the
worth of a property which may be incorporated into company
accounts, where the ownership of the asset is not necessarily
to be transferred but the valuation is required for the
company takeovers, share flotation or mortgages.
Assignment The transfer of a property interest, especially a
lease, from one party to another.
Atrium An
entrance hall of a building, often rising through a number of
storeys and containing lifts, reception areas and plants.
Originally the hall or chief apartment of a Roman house.
Abatement notice A notice served on
the owner(s) or occupier(s) of a property from which a private
nuisance arises, warning them of the intention to enter on the
land in order to abate the nuisance.
Absolute title 1. The right of
ownership of a mortgage deed, which gives the right, in
certain specified circumstances, to demand repayment in full,
of the outstanding debt than the due date. 2. A clause in a
deed or contract, which provides for the early termination of
an exciting interest in land, in certain specified
circumstances, thereby advancing the future interest.
Agreement for lease/sale A contract to enter into a lease (or
sale), which in order to be enforceable either must be
evidenced in writing and signed by the person against whom
action is taken for the breach of the alleged contract and
there must be a sufficient act of part performance.
Alternative user value The value of land and buildings which
reflects a prospective use which is different from that of the
current use.
Amortisation
1.(UK) The concept of writing off the capital cost of a
wasting physical asset by means of a sinking fund. 2. (USA)
Payment of a debt in equal installments of principal interest,
as opposed to interest-only payments.
Anchor tenant One or more department or variety chainstores, or
supermarkets, introduced into a shopping centre in key
positions to attract the shopping public into the centre for
the purpose of encouraging other retailers to lease shops en
route. The larger the developments the more anchors
required.
Annuity A
sum of money paid each year during the life of the recipient.
An annuity is usually paid as a legal obligation under a
contract or undertaking, as through a pension scheme, and may
be paid in installments more frequently than once every twelve
months.
Asset valuation In the property market this expression is applied to
the valuation of land and buildings or plant and machinery.
The term is often used to describe an expert opinion of the
worth of a property which may be incorporated into company
accounts, where the ownership of the asset is not necessarily
to be transferred but the valuation is required for the
company takeovers, share flotation or mortgages.
Assignment The transfer of a property interest, especially a
lease, from one party to another.
Atrium An
entrance hall of a building, often rising through a number of
storeys and containing lifts, reception areas and plants.
Originally the hall or chief apartment of a Roman house.
Balloon payment A repayment of a loan
bond, usually but not necessarily the final repayment, which
is larger in amount than other installments.
Bare shell Depicts the condition of
any property after completion of construction activity and
installations of basic building services. A bare shell
includes basic flooring - tiled, mosaic, cement or granite and
plastered walls. Apart from this, pantry and toilet facilities
may also be operational in such condition.
Basic rent A monthly rental net of
maintenance and interest costs charged or quoted by landlords
for any property. The base rent comprises of only the payment
made for usage of the subject property under a lease
agreement. Imputed costs such as holding costs, fit out costs
and building service charges are not usually included in the
base rent.
Bayana An
Indian term used to denote the token money given to the
landlord to informally freeze negotiations on a particular
property, after the initial terms and conditions have been
formalised.
Breach of contract An act, or omission, contrary to enforce specific
performance to rescind the contract and / or to claim damages,
the remedy available depending upon the nature of the
breach.
Broker/dealer A person or company who acts as a medium of bringing
owners and proposed buyers together with a view to complete a
real estate transaction.
Brokerage 1.
Commission paid to a broker. 2. The activity of a broker in
bringing together two parties in a transaction.
Building bye laws Local authority control of building standards
promulgated to regulate and control the usage of land,
property and areas in cities and towns.
Building contract A contract between an owner or occupier of land and a
building contractor, setting forth the terms under which
construction is to be carried out, basis of remuneration, time
scale, and penalties, if any, for failure to comply with terms
of the contract.
Business centre Commercial premises usable by the occupiers for a
short period on a membership basis of the centre. Usually, a
business centre charges for the full service accommodation,
which is generally substantially higher than the rental of a
standard office space and usually includes cost of HVAC,
housekeeping, electricity, and security systems.
Business park A landscaped area containing high tech, other
amenities for business purposes, as distinct from high-tech
park or a science park. Building density is lower than would
be usual in a traditional industrial estate. Business parks
are preferentially located where motorway, rail and airport
communications are within a short distance.
Buy-out rate
In a funding agreement between a developer and a prospective
purchaser, the pre-determined investment yield which will be
used to capitalize the annual income receivable at the time of
sale to determine the buy out price.
Capitalisation 1. At a given date the
conversion into the equivalent capital worth of a series of
net receipts, actual or estimated, over a period.
2. A method of calculating a final purchase
price for a development using an agreed formula to convert
actual, or assumed, income from initial lettings into a
capitalism. Such capitalised sums may be offset against a
purchasing fund's interim finance payments, any excess being
paid to the developer.
3. In relation to a company's reserves, the
conversion into capital of money, which is then distributed as
a capitalisation issue.
Catchment area 1. The area of land from which finds its way into a
particular watercourse, lake or reservoir.
2. By analogy, the
area which contains those people who can be expected to obtain
goods, services, employment or other benefits from a
particularly property. More especially related to retail
premises, where the success of forecasting depends on the
accuracy of estimating the number of purchasers (catchment
population) likely to be attracted from the different parts of
the area and the average expenditure which might be expected
from them.
Central business district The functional centre around which the
rest of a city is comparison shopping, office accommodation,
leisure facilities, buildings for recreational use, public
museums, art galleries and governmental functions. Generally
the area of highest land values within a city.
Clearance area An area which is to be cleared of all buildings.
Generally promulgated by way of a government declaration,
which is normally followed by the acquisition of the land and
the clearance of the area.
Completion certificate/statement 1. (UK) statement prepared by solicitors,
usually those acting for a purchaser and a vendor
respectively, following the conveyance of an interest in
property, giving a schedule of sums received leading to a
balance being the final amount due to the vendor. In some case
the statement is prepared at a later date and may show a
figure recoverable by the purchaser from the vendor.
2. A certificate
issued by the local development authority certifying that all
necessary works have been completed and that the property is
fit for occupation.
Condominium
(USA) A building or a structure of two or more units, the
interior space of the individually owned and the balance of
the property (both land and building) being owned in common by
the owners of the individual units.
Conveyance A
document transferring title to land from one person to
another.
Current yield The remunerative rate of interest which is, or would
be, a appropriate at the date of valuation, assuming the
property to be let at its full rental value. It will be the
same as the reversion yield where the reversion is to full
rental value, and the same as the term yield where the rent
receivable under the lease is full rental value.
Developer An entrepreneur who has an
interest in a property, initiates its development and ensures,
that this is carried out ( for occupation, investment or
dealing) and from the outset accepts the responsibility for
providing or procures the requisite funds needed to finance
the whole project.
Development control The powers of a
local planning authority to control the development and use of
land, which includes inter alia:-
a) the refusal or grant (with or without conditions) of
planning permission.
b) the issue of enforcement notices.
c) the making of revocation, modification or
discontinuance orders.
d) the grant or refusal of listed building
consents.
e) the designations of conversion areas.
Development yield In a valuation to ascertain a ground rent, the rate at
which costs are decapitalised to find the annual deduction
from the occupation rents. It comprises:
a) an investment yield
b) an annual allowance for developers risk
and profit and, in some instances
c) an annual sinking fund element
Discounted cash flow analysis Techniques used in investment and
development appraisal whereby future inflows and outflows of
cash associated with a particular project are expressed in
present-day terms by discounting. The most widely used forms
of DCF are the internal rates of return (IRR) and net present
value (NPV). The techniques may be used for such purposes as
the valuation of land and investment, the ranking of projects
or their components.
Easement (UK) A right appurtenant to a
parcel of land entitling a dominant owner to use the land of
the servient owner in a particular manner, or constraining the
legal rights otherwise enjoyed by the servient owner, eg. A
right of way, right to light, right to support. Strictly
speaking, easements cannot exist "in gross", ie personal and
unattached to the ownership of land, but rights similar to
easements can be created by statute, usually for the benefit
of public utility undertakings, and these are commonly
referred to as "statutory easements".
Effective rent The gross rent payable
per month by the occupiers which includes the base rent,
maintenance charges, imputed costs of loss of interest on
security deposit and rental advance. The effective rent
indicates the total cash outflow of an occupier every month on
account of leasing any property.
Equity linked mortgage A mortgage whereby the interest on the
principal in part or in whole is calculated, usually yearly,
by reference on the security, eg. It may reflect annual
increase or possible decreases, in the annual return on, or
the value of, the property in which the mortgage is
secured.
Escalation clause Specified in lease agreements wherein renewals of lease
period are built in. It involves an increment in the base rent
at every renewal of a lease agreement and is generally a
percentage rate that is either pre agreed or negotiated before
the renewal of the lease agreement.
Facilities management The
co-ordination of many specialist disciplines to create the
optimum working environment for staff.
Fail rent The rent determined by a
rent officer (or, on appeal, by a rent assessment committee)
under a regulated tenancy and registered.
FERA An act
to regulate certain payments dealing in foreign exchange,
securities, the import & export of currency and
acquisition of immovable property by foreigners. Under Section
31 (1) of the Foreign Exchange Regulation Act ( FERA) of 1973,
it is mandatory for foreign corporations, which are not
incorporated in India to obtain permission from the Reserve
Bank Of India (RBI) to acquire, hold, transfer or dispose off
in any manner (expect by way of lease for a period not
exceeding five years) any immovable property in
India.
Fire certificate A certificate covering matters of safety required under
the legislation for hotels, boarding houses, factories,
offices shops and railway premises, excluding those buildings
containing less than a minimum number of employees. In order
to obtain a fire certificate,one must apply to a fire officer,
who then inspects the building and issues a list of
requirements (eg. Fire escape doors/stairways). Once the fire
officer is satisfied that those requirements have been met he
will issue the fire certificate. It enables fire officers, in
the event of an emergency, to have prior knowledge inter alia
of the permitted number of people on each floor; it also
informs officials if any authorised inflammables /explosives
materials are found on the premises.
Fitouts Relate to the interior permanent furnishings required
in a property including HVAC ducting, fire protection system
implementation, establishment of workstations and
telephone/computer cabling among others, in order to make the
property fit for usage.
Flatted factory An industrial building of more than one storey,
usually with two or more goods lifts, and constructed or
converted for multiple occupation. The building is subdivided
into small, separately occupied units which are used for
manufacturing, assembly and associated storage.
Force majeure A force, which cannot be resisted, in other words,
something beyond the control of the parties involved . It
includes acts of God and acts of man, eg. Riots, strikes,
arson. In many contracts and insurance policies, specific
provision is made for damage or injury arising from force
majeure. For example, the financial liability of a building
contractor for failure to complete by a specific date may be
relieved to the extent it was caused by force majeure. This is
a common clause in most property contracts.
Foreclosure 1. (UK) The mortgagees restricted power to extinguish
the mortgagor's right of redemption by transferring the
mortgagor's interest in the property to himself, if the
mortgagors default in paying his dues or in complying with any
other terms of the mortgage deeds. 2. (USA) The legal process
by which a mortgagee can sell the mortgagors interest in the
property to satisfy debt: also called "foreclosure sale". Also
applied to the extinguishment of a mortgagors right of
redemption.
Freehold In
general parlance this is used as shorthand for the tenure of
an estate in fee simple absolute in possession. Strictly
speaking, however, freehold includes fee simple, entailed
interests and tenancies for life.
Frontage(line) The full length of a plot of land or a building
measured alongside the road on to which the plot or building
fronts. In the case of contiguous buildings individual
frontages are usually measured to the middle of any party
wall.
Greased lease back The disposal by a
freehold or leasehold owner of his interest on a property or
leasehold interest where the rent payable is geared to a fixed
percentage of some variables, often rack-rental value.
Gold cause (UK) A clause in a lease
which provides for the rent to be reviewed with reference to
the price of gold.
Green field site An area of land, usually in the edge of a town or city
or away from substantial urban areas, hitherto undeveloped but
for which development is now proposed.
Gross External Area (GEA) The aggregate superficial area of a
building taking each floor into account. As described in the
RICS/ISVA Code of Measuring Practice (UK), this includes:
external walls and projections, internal walls and partitions,
columns, piers, chimney-breasts, stairwells, lift wells, tank
and plant rooms, fuel stores; whether or not above main roof
level and open-sided covered areas and enclosed car-parking
areas, terraces etc.
Hi-tech building (high technology
building) Primarily a modern industrial building which is
particularly suited to the flexible uses and space needs of
business organisations engaged in modern technologies. Such
activities usually require more office or laboratory space
than a traditional factory and also more sophisticated and
adaptable installations for services and communications.
High point loading A concentration of
abnormally heavy floor-loading at one point or more.
Particular places in a building or other structure where extra
support may be required.
HVAC Refers
to the heating, ventilation, air conditioning system installed
in a building to regulate temperature. This includes air
conditioning plants, chillers and ducting systems, which
ensure the uniform transfer of the cold or hot air, as the
case may be throughout the building.
Indian Stamp Act, 1899 A legal
statute, which provides for the payment of stamp duty in case
of all real estate transactions to duty to the local
government. The value of the stamp duty depends on the rental
payable and the lease term or the sale value as the case may
be. This duty is paid by purchasing non judicial Indian Stamp
Paper, on which the lease/sale agreements are documented.
Improvements Generally, physical
changes which enhance the capital value of land or buildings.
These may include additional buildings, extensions to existing
buildings, installation of new services, eg. central heating
and air conditioning and infrastructure works. On the other
hand, mere replacement by a modern equivalent if something
worn out would normally be regarded as a repair rather than an
improvement. The distinction has legal and taxation
consequences.
Indenture a
deed between two or more parties, each party having his own
copy. Originally copies were all included in a single document
from which each part was torn or cut along a wavy (intended)
line.
Institutional investors These are generally taken to include
banks, pension funds, insurance companies, unit trusts and
investment trusts, which are together commonly referred to in
the investment field as the "institutions".
Investment yield The annual percentage return which is considered to be
for a specific valuation in an investment being expressed as
the ratio of annual net income (actual or estimated) to the
capital value. It is therefore a measure of an investor's
opinion about the prospects and risks attached to that
investment. The better the prospects and lower the risks, the
lower the expected yield and thus the greater the capital
value. The required yield from an investment is estimated in
the light of such factors as:
a) the security in real terms of the capital
invested.
b) the security in real terms and regularity
of income.
c) the ability to adjust the income to
reflect market conditions.
d) the complexity and cost of management.
e) the ease and likely cost of realizing the
capital.
f) the tax position.
Internal rate of return (IRR) 1. The rate of interest (expressed as a
percentage) at which all-future cash flows (positive and
negative) must be discounted in order that the net present
value of those cash flows should be equal to zero. It is found
by trial and error by applying present values at different
rates of interest in turn to the net cash flow. It is
something called the discounted cash flow rate of
return.
2. An alternative explanation might be: the
highest rate of interest ( expressed as a percentage) at which
funded f cash flow generated is to be sufficient to repay the
original outlay at the end of the project life.
Joint agent One or two or more agents
jointly instructed by a principal to act on his behalf. In the
case of estate agents this is normally on the basis that if
any one of the agents effect the sale, letting or other joint agent(s) will share the remuneration in agreed proportions.
None of these agents would be entitled to a commission if the
transaction is concluded as a result of someone else's
introduction.
Joint sole agent One of two or more
agents jointly instructed as the only agent entitled to
represent the principal. It is customary for the joint agents
to share any commission earned on an agreed basis,
irrespective of which agent effects the sale or
letting.
Kiosk A small enclosed retailed
outlet, normally without toilet facilities and in the retail
area, frequently located in a public concourse or other place
where it may remain open only during peak times and be closed
securely when there are no customers. Kiosks are now sometimes
included in managed shopping schemes.
Land assembly The process of forming a
single site from a number of lands, usually for eventual
development or redevelopment. This will include acquisition of
individual interest and the eventual development or
redevelopment, removal or discharge of any restrictive
covenants or other encumbrances and obtaining physical
possession, when required, from occupiers.
Landlord The owner of an interest in
land who, in consideration of a rent or other payment (eg. a
premium), grants the right to exclusive possession of the
whole or part of their land to another person for a specific
or determinable period by way of a lease or tenancy.
Lease agreement An agreement, usually written, between the lessor and
the lessee, which allows for the conveyance of property to the
tenant under a contract, and confers usage and control rights
to the tenant for the duration of lease. Apart from financial
terms and conditions, several clauses describing the other
binding terms and conditions of the agreement are also
documented.
License The lawful grant of a right to do something which would otherwise
be illegal or wrongful. It may be gratuitous, contractual or
coupled with an interest in land. The grantor of license is
the licensor and the grantee is the licensee. A gratuitous
("mere" or "bare") license can always be revoked (ie.
cancelled), but revocability of a contractual license depends
on the terms of the contract. A license coupled with an
interest in land may be irrevocable and unlike the other two
categories, may be binding on successors in title of the
licensor. One example of license is permission, usually
required in writing, given specifically by an owner to a
tenant, enabling something to be done which otherwise would be
in breach of a term of the lease. A license does not itself
transfer any interest in the land but may authorise the
licensee to enter the licensor's land for some specific
purposes of the license; the licensor may enter the land and
use it in any way not inconsistent with the rights of the
licensee. However, a landlord may authorise by license some
act or omission by a tenant, which would otherwise be a breach
of the terms of the lease.
Load bearing The capacity of an element in a building structure to
support a weight in addition to its own, whether vertically or
laterally. Thus a load bearing wall is one which supports part
of the structure in addition to its own weight.
Maintenance In property parlance, the
keeping of a building, structure or other physical feature in
a specified condition eg. wind and weather tight conditions.
The approved cost of maintenance may be deductible for income
taxation.
Mattha Frontage of a building with the
main road.
Mortgage The
conveyance of a legal or equitable interest in freehold or
leasehold property as security for a loan and with provision
for redemption on repayment of the loan. The lender
(mortgagee) has powers of recovery in the event of default by
the borrower (mortgagor). A mortgage is a form of land charge
and can be either legal or equitable.
Negotiation Discussion, written or
otherwise, between two or more parties of different sides, the
aim being to reach a common agreement.
Non conforming use The use of a
property which does not conform to the allocation of the area
for planning purposes. Such a property may have been built in
conformity with the planning requirement at the time and a
policy change ensued; more usually, the property was
constructed before planning control was introduced.
Net present value method (NPV) A method used in discounted cash flow
analysis to find the sum of money representing the difference
between the present value of all inflows and outflows of cash
associated with the project by discounting each at a target
yield.
Open market value 1. The best price
which might reasonably be expected to be obtained at arms'
length for an interest in a property at the date of valuation,
subject to any statutory assumptions which may be required.
2. For the purpose of asset valuations this
is defined by the Royal Institute of Chartered Surveyors (UK)
as the best price which might reasonably be expected to be
obtained for an interest in a property at the date of
valuation assuming:
there is a willing seller
there is a reasonable period in which to negotiate the
sale
that values will remain static during that period
that the property will be freely exposed to the market;
and
that no account will be taken of any higher price that
might be paid by a person with a special interest.
Outgoings Costs incurred by the owner of an interest in property,
usually calculated on a yearly basis. Eg. management, repairs,
rates, insurance and rent payable to the holder of a superior
interest, as appropriate to his contractual or other
liabilities. It is prudent to make annual provision for future
items involving expenditure at intervals of more than one
year.
Patwari Usually denotes the person
appointed by a local government or land authority to maintain
and update land ownership records for a specific area as well
as to undertake the collection of land taxes.
Penal rent A financial punishment of a
tenant for failing to honour his obligation to pay rent at the
proper time, taking the form of a vastly higher figure being
payable during the period of default.
Permitted one Colloquially, either 1. A use authorised by a grant of
planning permission or ,
2. A use allowed by the deemed grant of
planning permission under the local development control
norms.
Pre-stressed concrete A type of reinforced concrete in which all
or some of the ordinary steel reinforcement is replaced by
high-tensile steel bars or wires which are tensioned by
'pre-tensioning' or 'post-tensioning'. The number and
positioning of wires or tendons can be arranged to eliminate
all tension in the concrete, thereby preventing cracking and
so rendering the concrete water-tight and gas-tight as well as
increasing in durability. Pre-stressed concrete structures can
achieve greater spans and carry higher loading.
Premium rent 1. A rent above the level which a property could
reasonably be expected to command in the open market on normal
terms. Such rents may be justified in instances where the
tenant receives a present or future benefit against the
market. Eg. in inflationary conditions where upward-only rent
reviews are normally required at three-yearly intervals, the
tenant may be prepared to pay a higher rent if fixed for a
longer period of say, 5 years.
2. A rent which is higher than would
reasonably be expected because the tenant is particularly
anxious to secure the property.
Private treaty The most common method of disposal of
real property, in which negotiations are carried out between
the vendor and prospective purchasers (or their respective
agents) privately and in comparative secrecy, normally without
any limit on the time within which they must be completed,
before contracts are exchanged.
Project management (development
management) The leadership role
which plans, budgets, co-ordinates, monitors and controls the
operational contributions of property professionals, and
others, in a project involving the development of land in
accordance with a client's objectives in terms of quality,
cost and time.
Property investment trust A public company, having certain tax
advantages and complying with rules applicable to its
operation and investment activities, managed by a professional
specialist team and established for the purpose of acquiring
mainly shares in property companies-public or private. To such
an extent, as is permitted legally, without prejudicing its
beneficial tax treatment, it may invest in other securities,
own property directly or undertake development. It provides
shareholders with an interest in a wide ranging portfolio and
the reassuring knowledge that investment policy is in the
hands of experts.
Property management The range of functions concerned with looking after
buildings, including collection of rents, payment of
outgoings, maintenance including repair, provision of
services, insurance and supervision of staff employed for
services, together with negotiations with tenants or
prospective tenants. The extent of and responsibility for
management between landlord and tenant depend on terms of the
lease(s). The landlord may delegate some or all of these
functions to managing agents.
Property portfolio management The unified management of a group of
properties which are held in one ownership. Decisions taken in
respect of any issue are reached on the basis of achieving the
maximum benefit for the owners, having regard to the effect on
the portfolio as a whole rather than on an individual
property.
Pugree An
Indian term used to describe an interest free security deposit
given to landlords which is refundable at the expiry of the
lease term to the outgoing tenant by the successive
tenant.
Qualified Covenant A restriction
contained in a legal document which limits the rights of a
person having an interest in the land but, by its wording
envisages the possibility of removing the limitation on terms
agreed between the parties eg. a covenant by a lessee not to
assign or sublet without the landlord's written consent. In
certain cases, such as the one quoted, statute law strengthens
the applicant's position by importing such words as "such
consent not to be unreasonably with-held".
Rack-rent A rent representing the
full, or nearly the full, letting value of a property on a
given set of terms and conditions
Rateable value The figure upon which
property tax is charged in India. This value is determined by
the tax authorities and thereafter the tax liability is
charged to the owner(s) of the property on the basis of
certain pre-determined tax slab rates.
In order to qualify, a trust must, among
other requirements, be owned by at least 100 shareholders and
invest most of its capital in real estate loans or properties
and receive income in the hands of shareholders
Real Estate Investment Trust (USA/UK)
A legally constituted
organisation (entitled to preferential tax treatment) which
enables investors to own and transfer shares of an interest in
a property or properties; the shares can be dealt with in a
manner similar to corporate stock. In order to qualify, a
trust must be formed by at least 100 shareholders and invest
most of its capital in real estate loans or properties and
receive income from them. The special feature is that such a
trust reduces its own taxable income by a distribution to
shareholders with no tax deducted, but this is taxable income
in the hands of shareholders according to their own tax
status. To maintain the trust's right to gross distributions
these must, in aggregate, be equal to minimum of 90% of the
total trust income.
Refurbishment Improvement and modernisation of a building falling
short of rebuilding or redevelopment and thus not normally
requiring planning permission (other than for alterations to
the external appearance), except in the case of listed
buildings.
Registration and mutation: It is mandatory for the sale deed of all
high value property transactions to be registered at the
regional sub registrar's office of the local municipal
authority. Thereafter, the buyer has to apply for mutation,
which involves a change in the title records to incorporate
the name of the buyer of the property. In order to complete
the transfer of property, it is mandatory for the seller to
furnish or arrange a valid "certificate of completion" issued
from the local municipal authority to the buyer.
Renewal As
distinct from repair, this is "reconstruction of the entirely
meaning not necessarily the whole subject matter".0
Rent Act (s) Legislation promulgated by various states in India,
which regulates the terms and conditions of the rental market
with a view to curb profiteering and hoarding. Though its
restrictive nature has not allowed owners to enjoy economic
returns from same categories of property, thereby allowing
market inefficiencies.
Rent free period An agreed period, usually for several weeks or months,
during which a lessee is allowed to occupy the subject
premises without payment of rent:
in consideration for the tenant incurring expenditure on
such matters as fitting out premises or carrying out repairs
or improvements.
to reflect market conditions which favour tenant eg.
where the space available for letting exceeds the total
tenant demand in that area or
by virtue of both a and b
Rentable area The area of floor space for which rent is calculated
even though other areas, within or outside the premise, are
lawfully used by the tenant. For example, in an office
building it is customary to exclude from the direct
calculation of rent the space used for corridors, atrium and
stairways.
Rental advance Comprises a lump sum payment to the landlord at the
beginning of the lease term, which is thereafter adjusted in
equal installments over the lease term against the monthly
base rental payable by the tenant. The advance amount
generally ranges between 3 to 18 months depending on the city,
type, location of property and the period of the
lease.
Root of title (UK) In conveyancing of unregistered land, a document which
forms a solid basis to establish the title to the land. It
must go back, sufficiently for identification, showing a
disposition of the whole interest contracted to be sold and
containing nothing throwing any doubt on the
title.
Sale and leaseback An arrangement
whereby a freeholder or lessee sells his interest in a
property for an agreed sum and takes back a lease on the whole
or part of the property from the purchaser, generally either
at a rack rent or at some lesser rent related to the price
paid.
Science park A development of an
industrial nature suited to accommodate high technology, with
supporting amenities, which is associated on site with or is
close to a higher educational research establishment to
provide cross-fertilisation of ideas between entrepreneurs and
researchers for the purpose of enabling academic knowledge to
be applied to effective commercial use.
Security deposit Comprises of an interest free lump sum payment to the
landlord at the commencement of the lease, which is refundable
at the end of the lease term. Though the deposit amount varies
depending on city, property type, location and the period of
the lease, it may range anywhere between 6 to 18 months of
monthly rental. It is not uncommon for some landlords to
provide a bank guarantee to the tenant as security for the
repayment of the initial deposit amount.
Serviced accommodation Suites of offices or rooms where the
landlord provides a range of services within the individual
premises extending beyond the traditional ones associated with
the maintenance and management of the building itself or the
operation and maintenance of the installation or plant therein
eg. furniture, telephone, fax machine, room cleaning, and/or
provides centralised specialised services, such as a
receptionist and secretarial and communication
facilities.
Shopping Mall A group of retail outlets designed and built with ways
for pedestrians on one or more levels to form a unified whole
under one roof.
Site Plans A
drawing of an area of land, on a horizontal plane, showing the
boundaries and physical extent of the land included in a
particular parcel. It may also show any existing buildings or
the proposed layout of a development.
Speculator A
person (usually a dealer) who undertakes a transaction in
property, in expectation of asking for a profit but with the
risk of not doing so.
Strata Title Freehold title to a horizontal title above and/or
below. Satisfactory arrangements for management usually
involve a statutory obligation for the setting up of a
management corporation with responsibility for the maintenance
of common facilities and areas.
Sub Leasing A method wherein, the primary lessee of a property has
the right to further lease out a part or whole of the property
to another occupier or lessee. Essentially, the right to sub
lease is decided beforehand at the time of signing the main
lease agreement and is with the consent of both the lessor and
the lessee.
Suspended ceiling A ceiling, not being part of the structural framework
of a building, installed below the level of the underside of
the floor above or of the roof. Commonly used to provide space
for services eg. cables, recessed lighting and piping; to
reduce the cost of heating in a room; to improve the
acoustics; or to produce more aesthetically pleasing
proportions.
Tax clearance (37-1) The Income Tax
Act, 1961 specifies that any lease transaction for not less
than 12 years or any sale transaction, above a prescribed
transaction value limit tax, has to undergo a clearance
process from the appellate body known as the Income Tax
Appropriate Authority, constituted under the Income Tax Act. A
joint application by the parties involved in the transaction
is submitted along with processing fees to the Income Tax
Authority, which takes upto a maximum of three months to grant
the clearance, without which the sale transaction is not
complete. This procedure is popularly known as the 37-(I)
clearance, which is the application form number used for this
purpose.
Technology Park A landscaped
development usually comprising of high specification office
space as well as residential and retail developments, designed
to encourage localisation of high technology companies such as
information technology, software development etc., thereby
giving each the benefit of economies of scale. Usually,
technology parks are located outside the inner city areas as
these are quite land intensive in nature.
Tenancy 1.
Strictly speaking, the interest of a person holding property
by any right or title.
2. More usually, an arrangement, whether by
formal lease or informal agreement, whereby formal lease or
informal agreement, whereby the owner (the landlord) allows
another (the tenant) to take exclusive possession of land in
consideration for rent, with or without a premium, either:
for an agreed period of
on a periodic basis until formally terminated
Tenant's improvements Improvements to land or buildings to meet
the needs of and carried out wholly or partly at the expense
of the tenant.
Town and country planning The determination of policy for the
development and use of land and the control of its
implementations in urban and rural areas by district and
country planning authorities.
Turnover rent A rent which is calculated as a proportion of the
annual turnover of the lessee's business. Usually, it does not
fall below a base rent. More commonly used in the USA,
although in recent years being applied with increasing
frequency in the Europe and the mature markets of Asia,
especially in the case of the more profitable retail
outlets.
Uplifted rent A rent which reflects
lease terms which are more beneficial to the tenant than
prevailing commercial terms, eg. a higher rent to reflect,
say, 14-yearly reviews, rather than the more common
five-yearly reviews.
Urban Land Ceiling and Regulation Act (ULCRA) A legislation promulgated in 1976 as a social
equity measure with a view to curb profiteering and hoarding
in the urban land market as well as prevent urban
congestion.
Urban centers i.e. cities were
classified into categories such as A, B and C and a ceiling on
the maximum permissible usage on land by respective owners was
set under provisions of the act.
User 1. The
use or enjoyment of a property or of a right over
property.
2. A person who uses, enjoys or has a right
over a property.
Vaastu shastra A traditional Indian
architecture and design system, which specifies the detailed
methodology of designing buildings, buying land etc. in order
to maximize benefits, from the same for the occupier. This
system relies in harmonizing any real estate development with
the five elements of Indian Mythology namely air, water,
earth, fire and space.
Valuation 1. The process of making an
estimate of worth of real property or real property or other
assets for a particular purpose eg. letting, purchase, sale,
audit, rating, compulsory purchase or taxation. That purpose
and the relevant circumstances will determine assumptions and
facts that are appropriate and hence the process used.
2. A statement, usually in writing, setting,
out the facts, assumptions, calculations and resultant
value.
3. Colloquially, the value arrived at as a
result of the valuation process.
Value The
price that might an interested in property or some other asset
might reasonably be expected to fetch if disposed of at right
Vertical slice participation A method of multi-participation in a
venture, usually a development, whereby each of the
participants owns a separate legal interest in the whole of
the property concerned by way of the freehold, head lease or a
subordinate interest. The documentation normally ensures that
rental and other income and /or capital receipts as well as
the cost of any revenue or capital liabilities are shared by
the participants in predetermined percentages related to their
respective contributions, whether financial or
otherwise.
Warehouse Premises designed and built
for the purpose of bulk storage of raw materials or finished
or partly finished goods, pending either onward transit or
division into smaller batches and subsequent distribution.
Willing seller-willing buyer An
assumption sometimes made for valuation purposes that the
owner of the property concerned is willing to dispose of his
interest therein and that there is at least one genuine
purchaser in the market for that interest, whether or not such
is actually the case at the date of valuation.
Written-down value At a given time, the result of making one or more
annual of periodic deductions for depreciation against capital
cost or worth.
Xystus 1. A covered colonnade, as
originally used for exercise by Greek athletes. 2. A garden
walk, usually bordered by trees.
Yield up Give up possession, especially by the tenant at the end of a
lease .
Zone A defined area of land or part of
a building which is allocated for a particular purpose, eg.
development plans may allocate areas of land for different
uses or values of property may distinguish between areas of floor space
of a building and ascribe different values to
them.
Zoning In planning terms, the dividing
of an area by a local planning authority into zones for
particular uses or activities.
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