Have question about terrace space selling.

1. If a builder selling pvt space(which is open to space) on 1st floor where the apartment has 10 floor, is it legal?

2. If a builder selling terrace (on top floor) is it legal?
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  • Originally Posted by mbaskara
    Have question about terrace space selling.

    1. If a builder selling pvt space(which is open to space) on 1st floor where the apartment has 10 floor, is it legal?

    2. If a builder selling terrace (on top floor) is it legal?


    Its 100 % legal because none of the authorities can stop selling which is built legally and none of them decide what to sell or what not, BDA, BMRDA or BBMP etc can only approve the buildings as per the By laws. its only up to builder what he can provide to his customers ( Common area ).
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  • Originally Posted by johnbrit
    Its 100 % legal because none of the authorities can stop selling which is built legally and none of them decide what to sell or what not, BDA, BMRDA or BBMP etc can only approve the buildings as per the By laws. its only up to builder what he can provide to his customers ( Common area ).


    It is illegal to sell terrace area.
    Approving authority will approve the project only. While selling, builder can make huge deviation in construction as well as in selling.
    Following are illegal:

    1) Selling open car park area ( land is undivided share ).
    2) Selling covered car park area to someone not owning flat in the apartment.
    3) Selling Open Terrace i.e. top of the apartment.
    4) Selling flats with more than one exit/entry doors.
    6) many more .........

    Approving authority does not know about any of such deviations while approving.

    If approved plan says that said part of terrace belongs to specific flat then only this selling would be legal.


    Sumitra
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  • Originally Posted by mbaskara
    Have question about terrace space selling.

    1. If a builder selling pvt space(which is open to space) on 1st floor where the apartment has 10 floor, is it legal?


    It is part of some apartment only if shown in the approved plan.

    Originally Posted by mbaskara

    2. If a builder selling terrace (on top floor) is it legal?


    Top of the floor is always shared by all and it is illegal to sell it unless approved plan says that part of terrace is included to some specific flat.


    Sumitra
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  • one clarification sumitra,
    how exactly can the approved plan say that the part of terrace is for a particular flat? I have a plan where there is a large terrace (supposedly meant for constructing another flat but was not built) the entrance to the terrace is from the flat and not from any common area...does that mean that the terrace is meant to be used only by the residents of the flat or can the society lay claim on the terrace later on?
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  • Typically terrace provides access for servicing elevators where the access gets restricted if the space is owned private. This space is being sold for top floor residents at additional cost by naming them as penthouses. Those misled buyers get challenged later when associations go after the builder for selling the open space including terrace. They wont be able to resell the terrace portion which is challenged in the court and the value of the building gets reduced (in terms of salable area).
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  • Unless it is mentioned clearly in the sale deed that the terrace area can be used by all residents, association cannot make any claim on the terrace. Constructing a flat on the terrace require approval. But the builder can share the terrace area to few apartments by mentioning it on their sale deed.
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