Who owns the terrace of a building?

terrace is of common belonging unless it is specifically mentioned in your agreement for some other arrangement. If there is no mention about terrace rights conferred on a single owner, then it can be considered as common area belonging to all the owners.

Who owns the terrace in an apartment?

A terrace that is not accessible from the common areas and is attached exclusively to a flat can only be sold to a flat owner but all other terraces are for the common usage. It is for the same reason a terrace is not included in the Floor Space Index (FSI) of an apartment. Reason: it cannot be bought or sold.

Is terrace a common area in flat?

Normally terrace also forms part of common areas and amenities in any apartment/Block as such all the residents of the flats in the apartment / Block will have equal right to utilize the terrace as a common area.

Can common terrace be sold?

Owning or occupying the terrace of a housing society building is unfair and illegal. The builder/developer has no right to sell the terrace. According to Section 4 (1A), (iii), (viii), (x) and Section 10(1) of Maharashtra Ownership Flats Act, 1963, the builder/developer has no right to sell the terrace.

Who is the terrace?

A terrace is an external, raised, open, flat area in either a landscape (such as a park or garden) near a building, or as a roof terrace on a flat roof.

Can a property buyer own or occupy terrace of a housing society building?

Not only developer but also the housing society has no provision to sell terrace to anybody. The terrace cannot be individually or collectively sold to anybody by the developer or by the society.

Does terrace belong to top floor?

– A Terrace or rooftop is a common area in a residential building which is for the enjoyment and benefit of all its members. Hence, the terrace is a common portion and does not belong to the top floor owner. Yes, including the other inhabitant of the building.

What is terrace building?

Is a terrace outside?

“A terrace is an external, raised, open, flat area in either a landscape or a building or as a roof terrace on a flat roof. ” “Terrace” is actually used interchangeably with the word “patio” in many cases. Although similar, a terrace and a patio are not the same.

Who owns the land of an apartment building?

Who owns land in apartment? The apartment owners collectively own the land on which the apartment building stands. In a cooperative housing society, the land is owned by the society and the flat owners are shareholders of the society.

What is difference between apartment and society?

In a Society, every member has one vote, irrespective of the area of his premises. In a Condominium, every Apartment owner has a voting right in proportion to the value of his premises which is generally as per the area of the Apartment owned by him and which is defined while forming the Condominium. 9.

Can Terrace rights be given to a 3 floor flat?

In fact he added the clause of all terrace rights to all the flat owners residing at 3 floor (Above G + 2) and pent house owner.

Does the terrace belong to the top floor owner?

3) n the case of Bihari Lal Jalan vs DDA ( Civil Writ No. 2034 of 1992) the High Court of Delhi vide judgment dated 18th February, 2003 has held that the terrace is a common portion and does not belong to the top floor owner. The Court has held as under:

Can a builder sell a terrace rights property?

A Builder sold Only terrace rights other than the Residents Floor owners, & the Sale deed of the First owner ( sold by Builder) clearly states in th event the bulding have to be reconstructed he will have the same construction as it is & a drawing with bare Terrace is attached with the sale deed..& the same continues in the subsequent sale deed.

Can a co-owner of a terrace claim ownership of the room?

Terrace is a part of the common area where on no construction can take place except with the consent of all the co-owners. 2. No co-owner can assert a preferential right over the terrace. 3. You cannot assert ownership to the room on the terrace which is in your possession. Talk to Advocate Ashish Davessar NOW!