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Glossary
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A
compilation of frequently used real estate terminology and
their meaning, arranged in alphabetical order.
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
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A
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.
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B
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.
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C
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.
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D
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.
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E
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.
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F
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.
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G
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.
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H
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.
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I
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 cash flow generated is to be sufficient to repay the
original outlay at the end of the project life.
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J
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.
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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 only during peak times and be closed
securely when there are no customers. Kiosks are now sometimes
included in managed shopping schemes.
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L
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.
LicenseThe 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.
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M
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.
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N
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.
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O
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.
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P
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.
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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 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".
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R
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
710 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.
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S
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.
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T
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.
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U
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.
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V
Vaastu shastra A traditional Indian
architecture and design system, which specifies the detailed
methodology of designing buildings, buying land etc. in order
to maximise benefits, from the same for the occupier. This
system relies in harmonising 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.
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W
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.
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X
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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Y
Yield up
Give up possession, especially by the tenant at the end of a
lease .
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Z
Zone A defined area of land or part of
a building which is allocated for a particular purpose, eg.
development plans may allocate areas of land for different
uses or values of property may distinguish between areas of
floorspace 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.
Source: Jones Lang
Lasalle
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