you are entitled to access to terrace as it forms part of common area for benefit of all flat owners
2)resolution has to be passed in AGM for carrying out terrace renovation work
3) seek damages from contractor/flat owner carrying out repairs
Terrace owned by neigbouring apartment
I own a 1st floor in a block that has one ground-floor unit and two adjacent duplex units. Access to the terrace is through the neighbour's apartment and is owned (paid for) by my neighbour. I have three questions: 1) Although not mentioned in our sale deed, can we be denied access to the terrace to check our independent water dank and dish antenna? 2) If the developer and/or owner needs to undertake major repairs on the terrace involving noisy drilling and replastering above our apartment, can they do so without our permission? Or without giving us sufficient notice? 3) If our apartment is damaged due to the drilling above, who will be responsible?
Asked 3 years ago in Property Law
Religion: Hindu
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10 Answers
1. The terrace is a common area, hence you can very well have an access to the terrace especially for the purpose of inspective your water tank and other facilities that you have installed in the terrace.
2. Any renovation work which cause you any damage or nuisance has to be notified to you in advance so that you are preparing yourself to protect your interests accordingly.
3. Whoever has caused you this damage
1. Actually, if it's only way to go terrace then neighbour can't deny to go on terrace.
2.Need to check who has whole or all rights for terrace.
3. Refer to point 2.
- A terrace is a common area of a residential apartment which is for the enjoyment and benefit of all its members.
Further, no construction works can be carried out on the terrace without the consent of all co-owners of the building.
- No Flat owner can put up a permanent structure on a common property or put the common property for any exclusive use.
1. 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, hence you cannot be denied for the same.
2. Your consent is compulsory for any major repairs , otherwise you have your legal right to raise the issue and to take legal action
3. The owner /builder who will carry the major repair without getting your consent .
The gated colony has 8 blocks of three apartments each. The ground floor owners have complete rights to the plot on which each block stands. One duplex above has paid for the terrace and access is through this apartment. The adjacent duplex has no terrace/access. The developer charges for common area maintenance and no RWA has been formed yet. The common area has not been handed over to the owners yet. Does your answers change under these circumstances?
Asked 3 years ago
builder cannot sell terrace as it forms part of common area for benefit of all flat owners
First of all a RWA has to be formed either by the developer or by the residents of the complex.
Then the builder has to handover all the documents including the common areas to the RWA.
The builder cannot sell the terrace to any particular purchaser even though he has a duplex flat and the access to common terrace is thorough his property.
The terrace is a common area along with the staircase, lifts, open space within the apartment complex, parking space etc.
Therefore all the members of the complex are entitled for the rights to access all the common areas including the terrace.
If anyone is objecting this access, an order of permanent injunction against them can be sought through cooperative court and they can be restrained from preventing your access failing which they can be booked under contempt of court also.
- If you are paying the maintenance charges for common area , then without getting your consent no repair works can be carried out .
- A developer does not have the legal right to sell an area which is shared by all members of the building , and any flat owner cannot claim ownership of the terrace and deter other owners from using the same.
On duplex apartment has terrace but no access. If tomorrow any thing goes wrong than who will be responsible for repairs, for this RWA needs to formed complusory and make rules accordingly.
If they're not cooperating with you in this regards. You may make complaint to sub registrar office of your area.
Dear client it totally depends on the agreement that you have signed with the Builder full stop if it states that you are eligible to go to your terrace Through The Other Apartment then you can totally do that. how ever if it does not mention than it will be problem and because ever you can also seek remedy as per the easement right
you need to approach the court for injunction order in the said matter
