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Utilize this comprehensive
glossary Normally Used In Real Estate Transactions sales purchase
of property it will help you better understand the often
confusing world of real estate. Select a letter to view terms
commonly used when talking about property beginning with that
letter.
A | B | C | D | E | F | G | H | I | J | L | M | N
O | P | Q |
R | S | T |
U | V | W |
Y | Z
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
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.
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.
Amortization
Payment of a debt in equal installments of principal interest, as
opposed to interest only payments.
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.
Balloon Payment
A repayment of
a loan bond, usually but not necessarily the final repayment,
which is larger in amount than other installments.
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 formalized.
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
Commission paid to a
broker.
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.
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.
Capitalization
At a given date
the conversion into the equivalent capital worth of a series of
net receipts, actual or estimated, over a period.
Clearance Area
An area that 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
A certificate issued by the
local development authority certifying that all necessary works
have been completed and that the property is fit for
occupation.
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 and e. the designations of conversion areas.
Development Yield
In a
valuation to ascertain a ground rent, the rate at which costs are
de-capitalised to find the annual deduction from the occupation
rents.
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.
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
A 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.
Fair Rent
The rent determined
by a rent officer (or, on appeal, by a rent assessment committee)
under a regulated tenancy and registered.
FEMA
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
Management Act (FEMA) 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.
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.
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,
e.g. 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 be force majeure.
This is a common clause in most property contracts.
Foreclosure
The legal process
by which a mortgagee can sell the mortgagors interest in the
property to satisfy debt.
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.
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.
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.
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.
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 -
-
the security in real terms of the capital invested,
-
the security in real terms and regularity of income,
-
the ability to adjust the income to reflect market conditions,
-
the complexity and cost of management,
-
the ease and likely cost of realizing the capital and
-
the tax position.
Internal Rate of Return (IRR)
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.
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.
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
(e.g. 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, who 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 (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.
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.
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 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
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.
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
A use
authorized by a grant of planning permission or
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
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.
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 withheld".
Rack Rent
A rent representing
the full, or nearly the full, letting value of a property on a
given set of terms and conditions.
Refurbishment
Improvement and
modernization 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.
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 -
1. in consideration for the tenant incurring expenditure on such
matters as fitting out premises or carrying out repairs or
improvements;
2. to reflect market conditions which favour tenant eg. where the
space available for letting exceeds the total tenant demand in
that area
3.or by virtue of both 1 and 2.
Rent able 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.
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.
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.
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.
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 leasor and the leasee.
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-(I)]
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.
Tenancy
The interest of a
person holding property by any right or title or 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.
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 he 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
A person who uses, enjoys
or has a right over a property.
Vaastu Shastra
A traditional
Indian architectures 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
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.
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
he 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.
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.
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,
e.g. 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.
Registered Office: Tamanna Realtors
Pvt. Ltd.
15/7 , Sarva Priya Vihar, New Delhi -
110 016 INDIA
Ph: +91 11 65693253/2/0
+91 11 26536049/65
Tel/Fax : +91 11 26521816 Website :
www.assetventures.in
BranchOffice : Tamanna
Realtors Pvt. Ltd.
B 103 Chitranjan Park First Floor New
Delhi 110019
Ph: +91 11 26271786
/40562170/32423249
Tamanna Realtors
Pvt. Ltd.
413 International Trade Tower Nehru
Place New Delhi 19
Ph: +91 11 46539337/8/9/40
Email: contacts@indiaproperties4u.com
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