Is it lawful for a developer to sell a building’s communal terrace area?

Having a terraced flat is usually considered a privilege. Buying a terraced property, on the other hand, has become an expensive endeavour in recent years. In addition, with the advent of high-story housing complexes, the tendency has begun to fade gradually. Nonetheless, some homeowners are ready to spend more for a terrace in order to have more privacy and convenience.

According to specialists, this type of circumstance is fairly typical in government flats in Delhi, where the top-floor owners have illegally grabbed the terrace area for their own use. As a result, in order to guarantee that a suitable route for extensions or adjustments in apartments is implemented, the Delhi Development Authority (DDA) has updated the policy of requesting clearances and published it on the official website where:

• Under the Architects Act, 1972, architects registered with the Council of Architecture have been given the right to approve designs for their accuracy concerning original construction as well as recommendations in accordance with building bye-laws and additions/alterations standards.

• Once the plans and other documentation verified by the Architects and Structural Engineer, as well as the payments, are presented, they will be recorded and considered as allowed.

• A Building Plan Fee of Rs 200 will be levied for the preparation of the plans, regardless of the covered area. In addition, a fee of Rs 450 per square metre would be imposed for the added enclosed space that is scheduled to be built.

• The Certificate of Supervision by Architect and Structural Engineer, as well as an indemnification bond for internal structure, are required to assure structural safety and good construction. Those who have merely provided a NOC will not be obliged to do so.

However, there have been certain occasions in gated communities when private terrace areas are not accessible and developers have sold the area to purchasers in order to earn additional benefits.

What is the legal position on selling shared terrace areas? 

According to Atulya Nehra, an NCR-based legal expert, there is now a ‘no compulsion’ on selling shared terrace spaces on a pan-India basis. However, each state has its own set of policies and guidelines at the federal level. These State requirements must be followed by all developers and group housing associations.

In accordance with the UP Apartment Act 2010, a developer has no authority to sell or lease a housing society’s terrace to any individual owner or owners of homes in the society, or to anyone else. The developer, as well as the housing organisation, have no intention of selling the terrace to anyone. Under the legislation, all open areas in a housing society are reserved for the common easement of members of the society, and they are allowed to use them according to the municipal corporation’s declared records.

Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.


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