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.
Accessory Use :
Any use of the premises subordinate to the principal use and customarily
incidental to
the principal use.
Alteration :A change
from one occupancy to another, or a structural change, such as an
addition to the area or height, or the removal of part of a building
or any change to the structure, such as the construction of,
cutting into or removal of any wall, partition, column, beam, join,
floor or other support, sor a change to or closing of any required
means of ingress or egress or a change to the fixtures or quipment.
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.
Amortization1.(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 n 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
if 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 shellDepicts
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 rentA
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
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
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/dealerA
person or company who acts as a medium of bringing owners and proposed
buyers together with a view to complete a real estate transaction.
Brokerage1. 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 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 a 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.
Carpet Area: The covered area of the usable
rooms at any floor level (excluding the area of the wall).
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.
Chhajja : A sloping or
horizontal structural overhang usually provided over openings on
external walls to provide protection from sun and rain.
Chowk or Courtyard : A
space permanently open to the sky, enclosed fully or partially by
building and may be at ground level or any other level within or
adjacent to a building.
Cooking Alcove : A Cooking space having
direct access from the main room without any inter-communicating
door.
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.
Competent authority :Competent
authority means any person or authority authorized by the Government
by notification, to perform the functions of the competent authority
under this Act for such
areas as may be specified in the notification.
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 t 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 rate 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.
Drain : A conduit or channel for the carriage
of storm water, sewage or other used water.
Dwelling Unit / Tenement : An independent housing
unit with separate facilities for living, cooking and sanitary requirements.
Easement (UK) A right
appurtenant to a parcel of land entitling a dominant owner to use
the land of the servant owner in a particular manner, or constraining
the legal rights otherwise enjoyed by the servant owner, e.g.. A
right of way, right to light, right to support. Strictly speaking,
easements cannot exist "in gross", i.e. 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, e.g..
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 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 coordination 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 certificate, one must apply to a fire officer, who then
inspects the building and issues a list of requirements (e.g.. Fire
doors). 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 authorized inflammables /explosives materials
on the premises.
Fire Separation : The
Distance in meters measured from any other building on the site,
or from other site, or from the opposite side of a street or other
public space to the building for the purpose of preventing the spread
of fire.
Fit outs 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 other, in order
to make the property fit for usage.
Flatted factory An industrial
building of more than one story, 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 major 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,
e.g.. Riots, strikes, arson. In many contracts and insurance policies,
specific provision is made for damage or injury arising from force
major. 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 be force major. This is a common clause in
most property contracts.
Foreclosure 1. (UK)
The mortgages restricted power to extinguish the mortgagor's right
of redemption by transferring the mortgagor's interest in the property
to himself, if the mortgagors defaults in paying his dues or in
complying with any other terms of the mortgage deeds. 2. (USA) The
legal process by which a mortgage can sell the mortgagors interest
in the property to satisfy debt: also called "foreclosure sale".
Also applied to the extinguishments 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.
Gallery: An intermediate floor or platform
projecting from a wall of an auditorium or a hall providing extra
floor area, additional seating accommodation, etc. It shall also
include the structures provided for seating in stadia.
Garage, Private: A building
or a portion thereof designed and used for parking of private owned
motor driven or other vehicles.
Garage, Public : A building or portion thereof,
other than a private garage, designed or used for repairing,
servicing, hiring, selling or storing or parking motor driven or
other vehicles.
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 by 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, and
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 buildings
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.
Indemnity : No suit,
prosecution or other legal proceeding shall lie against the Government
or any officer or other employee of the government in respect of
anything which is in good fit done or intended to be done by or
under this act.
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, e.g.. 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 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 factor 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;
And
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 agents 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.
K
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 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 land, usually for eventual
development or redevelopment. This will include acquisition of individual
interest the eventual development or redevelopment . This will include
acquisition of the individual interests, 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 lesser 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.
Ledge or Tand : A shelf-like
projection, supported in any manner whatsoever, except by means
of vertical supports within a room itself but not having projection
wider than one meter.
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 (i.e.. 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 authorize 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 authorize 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.
Loft : An intermediary
floor between two floors on a residual space in a pitched roof,
above normal floor level with a maximum height of 1.5m and which
is constructed or adopted for storage purposes.
Maintenance In property
parlance, the keeping of a building, structure or other physical
feature in a specified e.g.. Wind and weather tight, condition.
The approved cost of maintenance may be deductible for income taxation.
Mezzanine Floor: An intermediate
floor, between two floors, above ground level, accessible only from
the lower floor.
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 (mortgage) 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 no different sides,
the aim being to reach a common agreement.
Non confirming 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:
a willing seller
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. E.g.. 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.
Parapet: A low
wall or railing built along the edge of a roof or floor.
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 honor 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 authorized by a grant of planning permission or
2. A use allowed by the deemed grant of
planning permission under the local development control norms
Plinth Area: The built
up covered area measured at the floor level of the basement or of
any story.
porch : A covered surface
supported on pillars or otherwise for the purpose of pedestrian
or vehicular approach to a building.
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. E.g.. 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 leases. 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
Q
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 e.g.. 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
withheld".