• Private terrace

Above my flat is terrace flat.the terrace is just above my bedroom.its a private terrace and there is heavy leakage during monsoon. Last three years I have been getting water proofing done.The above flat owner is not contributing towards water proofing.Society says it's not their baby. My ceiling badly damaged.
Please advise
Asked 4 years ago in Civil Law

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10 Answers

It is responsibility of society to get terrace water proofing done

2) issue legal notice to society

3) if society refuses file complaint before consumer forum and seek orders to direct society to repair terrace

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1) what ever external part of building appears its responsibility of society, as they are taking sinking fund and secondly the upper terrace flat owner should contribute the expenses or take precautions in rainy season of water to get disposed properly.

2) Get the society meeting on this issue along with upper owner of the flat and sort the problem now.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Heavy seepage in your walls will not only affect your flat but the entire society structure

2. So the society cannot wriggle out by saying that it's a private terrace

3. The water will seep down to other flats and spoil the external and internal plasters which would weaken the building overtime

4. You will have to issue a legal notice to the flat owner above you and also to the society

5. The society has to take pro active steps to protect the building of society. Be it any part. It needs to take action against the defaulting member

6. For example say there is a floor slab which has weakened and likely to collapse. Can the society say that the floor slab is not it's baby?

7. Society committee and all members need to realise that any weakness in any part of society building will affect all. Not just the member who is facing difficulty at the moment

8. So initiate a dialogue with that member and society managing committee. If no positive response then issue a strongly worded legal notice with copy marked to the registrar of co-operative societies.

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Hello there,

I have gone through the problem that you are facing. See in the matter above aforementioned, I would like to you that first step is to talk to them about the problem and maintain that due to the leakage through the roof, bedroom is getting spoiled and also maintain firmly while talking to them that due to leakage there, I am having financial and mental loss. Further, reiterate that if they have not done anything within specified 15-30 days. You would be forced to take the matter in the court of law.

Generally, the statement aforementioned, should take some or other impact on other party. If nothing happens on the specified day and time. Then, let's come to the two course of action which would get your done and these are pure Pre-litigation stage..

1) If there is an active Municipal Authority or there is any concerned local authority. File a complain there with all the details and keep a copy as a proof for your own self.

2) Go to the nearest Police Station or ask your lawyer to visit the Police Station with a complaint stating the problem. Go and meet Policemen there and tell him the problem and ask him with some negotiation to visit the said place and talk about it to the roof owner with the said Complaint. Now, if he makes a personal visit on the premise with the Complaint, I am sure this will get half of your thing done or maybe the full of it.

3) If for a chance, the aforementioned strategy doesn't play out. Ask an advocate to draft a legal notice to the roof owner to inform him to erect/repair the disputed area within 30 days.

If none of the above things work, then consult an advocate to take the matter to the district court to settle it then and there but this would be a long process. So, rely more on the Pre-Litigation stage that would be better strategy.

Furkan Ahmed
Advocate, DELHI
16 Answers

4.0 on 5.0

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. 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 dissuade other owners from using the same. Both these actions are contrary to the stipulations as per law.

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 deprive others of the benefit of common easement

Therefore the terrace maintenance is the responsibility of the society, it cannot disown the responsibility for repairing the leaking terrace.

You issue a legal notice to the society about this lapse,their irresponsible and lethargic attitude towards this./ Demand repair and proper maintenance immediately failing which you may drag them to consumer forum for relief and remedy including compensation for deficiency in service.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

It's external leakage of rain water but from private terrace of above flat. Is society respondible

Owning or occupying the terrace of a society building is not permitted by law and if any body does that it is totally illegal.

There has been a landmark judgment delivered by the Honorable Mumbai High Court in 1999 in this regard while adjudicating on writ petition No. 4577 of 1985, in the matter of Smt. Ramagauri Keshavlal Virani V/s Om Walkeshwar Triveni Co-operative Housing Society Ltd & others. Adv. Vinod Sampat, an expert in Co-operative Housing Society matters is also of the same opinion and says that no person can own, sell or buy the terrace of a Co-operative Housing Society building.

Therefore you should not term it as private terrace, instead you should approach the society since the same comes under the society only.

The society is responsible for maintenance of common areas and this comes under common areas.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Hello,

You may call upon the said person to get the same repaired as the same is causing nuisance to you.

Send a legal notice with regards to the same to the said person

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If he does not improve upon them go ahead and file a suit for permanent injunction,

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the private terrace is not under society you need to file civil suit for the same. You need to first send him a Legal notice. Even private terrace comes under society's control. Kindly verify the same

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

The law is as follows:

===============================================================================

Things you need to know about property redevelopment

With limited availability of open land parcels in Mumbai, major developers are now looking at venturing into the redevelopment space.

Dilapidated buildings on the verge of collapse are a grim reality for thousands of housing societies across Mumbai. Developers, as an incentive to owners of older buildings, offer additional area, money, and the promise of a new flat with a better amenities .

But owners should keep a few things in mind before opting for redevelopment.

What is redevelopment and why is it needed?

Housing redevelopment refers to the process of reconstruction of a residential premise by demolition of the existing structure and construction of a new one as per approvals from the Municipal Corporation of Greater Mumbai (MCGM). It ideally works best when a society is in dire need of extensive repairs but is starved of the necessary funds for it.

Developers, on their part, are also on the lookout for properties with unused development rights where they can build a new and higher structure where the additional storeys can be sold for a tidy profit.

As per the terms of the agreement between the developer and the society in question, existing members of the society receive new flats in the reconstructed building of an area equal to or more than the area of their existing flats. But redevelopment can only take place if 75 percent of the members tender their consent.

Over 20,000 housing societies, 17,000 cessed buildings and over 3,000 Mhada (Maharashtra Housing and Area Development Authority) structures are waiting for redevelopment proposals.

The advantages of redevelopment over repair

According to Redevelop Mumbai, a project management consultant that has handled over 45 redevelopment housing societies in Mumbai, the repair work of a building which is already 25 years old will only increase the life of the building by three to four years. "Structural repair is not economically feasible to take care of seepage, weak walls and foundations, leaking water pipes, etc," Dilip Shah, Senior Counselor and Analyst for Redevelopment of Housing Societies, told Firstpost

With redevelopment, the members get a new building, more space and monetary benefits without spending any money from their own pockets. Shah says the developer can offer extra amenities like a gymnasium, a generous car park, and high-end security systems, among other things.

Disadvantages

However, while redevelopment may be the latest buzz, citizens argue that developers often tear down old colonial mansions to build luxury towers for the rich. And more often than not, it is often haphazard and done without the consent of society members.

Any building that is over 25 years old can go for redevelopment once it is declared dilapidated by an architect. Under the provisions of Development Control Rules it has become easy for developers to get buildings declared dilapidated even when they are not really so. Given the strong politician-builder nexus in the city, it is not difficult to get a building declared dilapidated by a government architect.

The redevelopment process also causes inconvenience to the residents as they will have to look for alternative places to stay in while the builder demolishes the old building and constructs a new one. It usually takes the builder at least 18 to 24 months to complete a project with an extended grace period of six months in case of any adverse eventuality.

Follow the ground rules

1. Redevelopment is usually burdened with bitterness and complaints of high-handedness and corruption against the Managing Committee of the society, which is why society members should always appoint a lawyer before signing a contract with the builder."Builder should be transparent, reliable and trustworthy. The most recommended way to choose a builder is to go by the tendering system," said Shah.

The society should prepare a comparative chart and, after checking the merit, reputation, technical capability, experience, financial status, quality of construction and successful completion of projects, it should select the builder.

2. The contract should clearly mention the obligations of the builder and the society members and the penalty or consequences of any breach of the contract by either of the parties. Once the agreement is accepted in terms of area and corpus fund, it cannot be revised.

"If the carpet area, as documented in the agreement, is not given by the builder, the owner can claim appropriate compensation through a consumer court by filing a complaint against the builder under the counts of Breach of Trust, Cheating, Unfair Trade Practice and Deficiency in Service," Shah said.

3. The housing society should insist on a bank guarantee, which would take care of monetary compensation to ensure the project is not delayed or stopped midway. "The successful bidder has to give a bank guarantee equivalent to 20 percent of the total project cost," according to redevelopmumbai.com.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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