At possession builder claiming his right for always on terrace use.No such condition exist in sale agreement.what to do?

Q: Builder says in possession letter that he has all rights on the building terrace for use / renting / advertisement etc for always ! Such condition is not mentioned in sale agreement. To sign on such possession letter or not ?

Imtiyaz Ahmed, Apartment Resident, Mumbai

10th April 2016

Legal in Navi Mumbai

building laws

open terrace rules

builders right to sell terrace

can builder sell terrace

illegal to sell terrace area

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Replies (4)

My sincere thanks to all who helped me understand that builder has no right on the common terrace.

Imtiyaz Ahmed, Apartment Resident, Mumbai

30th April 2016

Comment

Hi Imtiyaz,
I hope this link will give you the exact idea regarding your queries. This article explain what is fair and unfair regarding building terrace. Click the link to get more information on it Can a property buyer own or occupy terrace of a housing society building?

Sanjana Jain, Mumbai

11th April 2016

Comment

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. The builder also does not have the authority to sell the terrace of a building. As per law, all open spaces in a building, including the terrace is a common easement for the benefit of all the members who are entitled to enjoy the same as shown in the Municipal Corporation records. No single member can appropriate and prevent others of the benefit of common facility.

Meghna Ananth, Mumbai

11th April 2016

Comment

Hi Imtiyaz,
Owning or occupying the terrace of a housing society building is unfair and illegal. The builder/developer has no right to sell the terrace. Some developers of co-operative housing societies resort to the unfair practice of selling the rooftop / terrace. Better, take the advice of a legal expert and send developers a legal notice for unfair trade practice.

Dev Patel, Mumbai

11th April 2016

Comment

Yes, Dev is right. It has also come to light that in some housing societies, owners of the flats at the top floor claim ownership of the terrace and prevent other owners from using the same. Both these actions are contrary to the conditions as per law.

As per Development Control (DC) Rules and Maharashtra Ownership Flat Act (MOFA), all the members should have access to open terraces.

Rajatrawal, Mumbai

11th April 2016