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A plot owner in agreement with a construction company built an apartment which includes 5 residential houses and 3 commercial blocks. I purchased a flat in 2018.the plot owner also has a flat in same building .till now we have not formed society or association. Me taking responsibility of maintenance in charge .Few days back the plot owner who got flat on the last floor of the apartment installed his personal Solar system on the terrace of the building without informing the other members of the building .When we objected saying he cannot do this in the common are he said terrace belongs to him and he can stop anyone from using the terrace. He is saying we can ask anything only for what we have purchase. Also in basement meant for parking he constructed two car sheds for his personal use .I want to know
*Terrace belongs to the builder only?
* now after 5 years can we form a registered association with our own set of rules for do’s and don’t do’s
*can he construct the car sheds in basement parking area? 
* are such buildings are mandated to provide parking spots for commercial blocks of the same building ?
Asked 3 months ago in Property Law
Religion: Hindu

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9 Answers

Anything outside the four walls of an apartment belonging to an owner is a common area.

yes, form the owners association in terms of the the applicable apartments act, in Karnataka too, there’s Slovak apartments act.


no, that’s a common space. 
parking has to be provided to the allottees as per the approved layout 

Vibhanshu Srivastava
Advocate, Lucknow
9534 Answers
299 Consultations

5.0 on 5.0

Terrace forms part of common area for benefit of all flat owners 


2) builder /flat owner do not own the terrace 


3) all flat owners should be allotted one car parking slot 


4) car sheds cannot be constructed for personal use 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

You have to visit the conditions of the sale agreement or sale deed in this regard.

If there's no mention about common areas that include terrace or parking then you may file a suit against him to restrain him from preventing you to enjoy the terrace rights in common.

You can consult an advocate in the local and initiate appropriate legal action on the basis of the conditions of sale deed.

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

Once you form a society it belongs to society as common area

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

Nops. all have Proportional right on the terrace.


With consent of all.


Yogendra Singh Rajawat
Advocate, Jaipur
22464 Answers
31 Consultations

4.4 on 5.0

The plot owner cannot claim any terrace rights. Terrace forms part of the 'common area' meant for the use and enjoyment of all the residents in common. Installing solar panels on the terrace is also illegal.

Yes, there is no time bar. Better engage a competent lawyer, draft the bylaws and register an association. Only then will you all get any legal status to fight for any common cause.

No, it is again illegal, by the same logic as applicable to the terrace.

No resident can claim any exclusive car parking rights. Allotment has to be made on a gentlemanly arrangement among all the residents through the association.

Swaminathan Neelakantan
Advocate, Coimbatore
2710 Answers
20 Consultations

4.9 on 5.0

- No, terrace is a common area , builder having no right after selling the apartment. 

- Yes , it is necessary for restraining the builder for constructing any additional floor over terrace. 

- No , he cannot even use the basement after selling the apartment. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

Terrace is common area

Yes you can form association

No personal car sheds

parking as per layout plan

Gaurav Ahuja
Advocate, Faridabad
58 Answers

Not rated

Dear Client
The ownership and usage of common areas in a residential or commercial building are typically governed by legal provisions, the builder's agreement, and eventually, the society or association formed by the residents. Here are some general points to consider regarding your situation:

Ownership of the Terrace:
The ownership of the terrace area depends on the terms and conditions specified in the builder-buyer agreement and the property documents. Usually, the terrace is considered a common area, and no individual owner has exclusive rights to it unless specified otherwise in the legal documents. You may need to review your builder-buyer agreement and the property documents to determine the ownership status of the terrace.

Formation of an Association:
In most cases, residents of a building can form a residents' association or society after a certain period of occupancy, typically when a significant percentage of units have been sold and occupied. This association can then decide on rules and regulations for common areas, including the terrace, and address issues like maintenance, common expenses, and the use of shared spaces. After five years of occupancy, you should explore the possibility of forming such an association and drafting rules for common areas.

Construction in the Basement:
Whether the plot owner can construct car sheds in the basement parking area depends on the terms and conditions outlined in the builder-buyer agreement and the property documents. If the basement parking area is designated for common use, an individual owner may not have the right to make exclusive use of it without the consent of the association or society, once formed.

Parking for Commercial Blocks:
The provision of parking spots for commercial blocks within the same building is generally governed by local municipal regulations and the builder's plans and approvals. Some cities in India have specific requirements for parking in commercial buildings. You should check with your local municipal authority and review the builder's plans and approvals to understand the parking provisions for commercial blocks in your building.

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

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