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.
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