1)terrace forms part of common area for benefit of all members
2) builder cannot sell the terrace
3)do not purchase the commercial property as you may face legal complications later
Floor Plan irregularities in Office space
I am planning to purchase a commercial property in Pune. When we reviewed the sanctioned floor plan of the office. It looks like the builder is merging the designated office space, AHU, terrace and passage to terrace to create the complete space. The office space has a mere 300 sq ft carpet while the other areas constitute to 600 sqft. Can the builder sell me all those designated areas, bundled together as a unit. It looks like all these areas will be marked in the floor plan in the Sale Deed. Is this a right practice to be followed. What could be the legal aspects of it and what issues we can face later with such place. Due to these irregularities I am re-considering my deal. Please help with your opinion
Asked 5 years ago in Property Law
Religion: Hindu
9 Answers
if the extra areas are not included in the sanctioned floor plan then the builder cannot include them in the carpet area sanctioned for the office and thus cannot charge you at a single rate showing all these spaces as one composite unit
inquire with the builder whether the extra areas were constructed by him 'free of FSI'
That will reflect in the statement of FSI computation given in the sanctioned plan
i suggest you approach a competent architect for this
The area of terrace , lobby cannot be included in the carpet area. Consult builder and the architect for the space and then go with the deal . Further terrace is common area it cannot be sold.
1. The terrace unless exclusively allocated to its adjacent room/flat and passage are common part of a building and no one has any exclusive right over this.
2. So refer to the approved building plan to find out the nature of the space.. If the passage is part of the common area which is most likely then do not buy this property.
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 terraceis not included in the Floor Space Index (FSI) of an apartment. Reason: it cannot be bought or sold
Legally the Builder has to sell the commercial space as approved by the development authority but in case he is trying to sell that space there is no problem in registration of that is space but in case of dispute the space may not be your property as it is the part of the common area.
Your observation is right.
The builder cannot sell the common area combined to your saleable area though he can sell UDS.
You may obtain a legal opinion based on the facts and decide if recommended.
If the said part is as per sanctioned plan then you don't can't do anything. If there is any illegalities the said building will not get a completion certificate and oc. If you feel any other illegalities you can reconsider your decision
This is my response to you:
1. The builder has not right to sell the terrace unless it is attached terrace;
2. As long as the builder has obtained OC and CC then you have problems;
3. If you fear the builder is cheating you then ask him to make an Indemnity bond in your favour;
4. Consult a local lawyer, discuss full facts and take steps.
