A builder generally cannot sell an open terrace to a floor purchaser in Haryana, as terraces are typically considered common areas for all flat owners unless explicitly excluded in the sale deed or building plans. 

Any such sale is illegal, and residents have the right to file a complaint with the RERA or the District Consumer Forum against the builder. 

The second floor purchaser in Haryana cannot legally build a floor on the terrace, even if they have "illegally purchased" it, because the terrace is typically a common area belonging to all flat owners. Constructing a floor on a common terrace without consent from other owners and municipal approval is an unauthorized and illegal construction.

Send a formal legal notice to the second-floor owner demanding they stop construction and potentially restore the terrace.

You can complaint to the said authorities as well as approach court by filing suit and seek injunction order

File complaint with local municipal corporation regarding unauthorised construction done on terrace 

2) file RTI application as to whether plans for construction on terrace have been sanctioned 

3) file suit seek orders to demolish unauthorised construction 

4) Seek interim stay restraining further construction on terrace 

File a complaint to DTP (Enforcement), Gurugram about the unauthorized construction on the terrace and seek demolition/sealing.

Submit a police complaint to the local SHO to stop further work.

File a civil suit for injunction in Gurugram court to restrain the SF owner and seek demolition.

Also, complain to HRERA Gurugram against the builder for illegally selling the terrace, which is a common area.

Take this up with HUDA/DTP.

Move an application before the competent authority, questioning the legality of construction being raised, that too without approval of the layout. Seeking immediate stopping of the ongoing work.

Incase no action is taken on your complaint, move to the High Court by way of filing a writ. 

1. File for an urgent stay

   • Civil suit in Gurugram District Court seeking temporary injunction (Order 39 CPC) to stop work + mandatory injunction to remove illegal construction and restore terrace access.

2. Complain to the right authority (parallel)

   • If inside MCG limits → complain to MCG Enforcement.

   • If in a licensed colony → complain to DTCP/HSVP (District Town Planner–Enforcement).
     Ask for stop-work, sealing, and demolition for construction without approval.

3. Police aid

   • If access is blocked or there’s intimidation, lodge a GD/DDR and request police assistance to enforce the court/MCG/DTCP orders.

4. Evidence pack (attach everywhere)

   • Photos/videos (date-stamped), your sale deed, any approved plan/OC (or apply for it via RTI), brief timeline, and neighbors’ statements.

Tip: Terrace is common unless a registered deed + approved plan gives exclusive rights—so include “restore common terrace access” in all prayers/requests.

What the second-floor owner is doing is completely illegal. Terraces in builder floors are always considered common property, so no one can claim exclusive ownership or stop other owners from accessing them. Even if the builder “sold” the terrace, such a sale has no legal validity because common areas cannot be transferred as individual property.

Any construction without permission from the Department of Town and Country Planning (DTCP) or the Municipal Corporation of Gurugram is unauthorized under the Haryana Development and Regulation of Urban Areas Act, 1975 and the Haryana Municipal Corporation Act. The authorities have the power to stop such construction immediately and order demolition of any structure built without approval. Filing a complaint with these authorities, along with photographic evidence, is the first step to get them to take action quickly.

You can also approach the civil court for an injunction to restrain him from continuing construction and for removal of whatever has already been raised. Courts can grant an interim stay to stop ongoing work, especially when the construction violates the approved building plan and affects the rights of other owners.

Since he is denying you access to the terrace, that itself is a wrongful act. You can make a complaint to the police because it falls under criminal trespass and wrongful restraint, as defined in Sections 441 and 442 of the Indian Penal Code. These provisions give legal backing to prevent obstruction and restore your lawful access.

The law is fully in your favour. Once complaints are made to the proper authorities and the court intervenes, the illegal construction can be stopped and the unauthorized structure removed. Acting quickly is important to prevent further construction and to protect your rights over the common property.

If he is making construction without authorisation from the local authority then lodge complaint with the local authority.

if that does not work then file writ petition in high court against illegal construction. Courts are now very strict against unauthorised construction. Therefore, you will get fast result. 

You should immediately file a written complaint with the Municipal Corporation of Gurugram (MCG) and the District Town Planner (Enforcement), stating that the construction is unauthorized and violates the building plan and Haryana Building Code. Attach photos and details of ongoing work. Simultaneously, file a police complaint at your local police station for trespass and illegal construction. If authorities don’t act quickly, you can approach the Civil Court or the District Town Planner Appellate Authority seeking an injunction to stop the construction and a demolition order for the illegal floor. Since terrace rights cannot legally be sold separately, you can also include a prayer for declaration of joint ownership of the terrace in your suit.

You are residing in a builder floor in Gurgaon, Haryana, which consists of a basement, ground floor, first floor, and second floor. The house was constructed in 2014, and the builder had illegally sold the terrace to the second-floor owner. After almost 10 years, the second-floor owner has now started constructing another floor on the terrace without any permission from the Department of Town and Country Planning (DTCP) or HUDA. You have objected to the construction, but he has continued regardless and has also restricted your access to the terrace by claiming it as his private property.

Under Haryana law, the terrace is considered a part of the common area and cannot be sold or transferred as exclusive property. Even if the builder mentioned “terrace rights” in the sale deed, that does not give ownership or the right to construct. Any additional structure built beyond the approved plan is illegal and can be demolished. The builder also has no authority to sell air rights or floor space index separately without official sanction.

Your immediate step should be to file a complaint with the District Town Planner (Enforcement) and the Municipal Corporation of Gurugram. In your complaint, clearly mention the address, details of construction, and that the owner has started building without approval. Attach copies of your sale deed and photographs or videos showing the illegal construction. The authorities have the power under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, to seal or demolish unauthorized construction. You can file the complaint both online and offline and follow up by visiting the DTCP office in the Mini Secretariat, Gurugram.

If the second-floor owner continues the construction, you should also file a written complaint with the local police, marking a copy to the Commissioner of Police. The complaint should state that the person is constructing illegally, obstructing your access to common areas, and creating a safety hazard. Police can intervene to maintain order and prevent further unlawful activity.

In addition to administrative action, you can approach the Civil Court in Gurugram by filing a suit for injunction and demolition. In your suit, you should seek a permanent injunction restraining the owner from continuing the illegal construction, a mandatory injunction directing the authorities to demolish the unauthorized structure, and an order to restore your access to the terrace. You can also seek an interim injunction to stop ongoing work immediately while the case is pending. For this, attach photographs, sale deeds, and copies of your complaints to DTCP and MCG. Courts usually grant stay orders in such matters, and any violation can lead to contempt of court proceedings.

Your terrace access must be restored, as it is part of the common area unless explicitly excluded in your sale deed, which is rare. If the owner has locked or blocked access, this constitutes unlawful possession of a shared area. You can request the court to direct reopening of the terrace and prevent the owner from denying entry.

You should collect evidence of the illegal construction, including dated photographs and videos. If possible, obtain the sanctioned building plan from DTCP or MCG to confirm that no permission exists for an extra floor. Send a legal notice to the second-floor owner through an advocate, demanding that he immediately stop the work and remove unauthorized construction. If he ignores it, proceed with official complaints and court action.

Once DTCP receives your complaint, they will inspect the site and issue a show cause notice. If the owner fails to produce any approval, DTCP can seal the premises and later order demolition. The civil court can also order removal of the structure once it is proven to be beyond the approved plan.

You have strong legal grounds. The law does not allow any additional floor or construction without sanction, and terrace rights cannot override planning regulations. By acting quickly through DTCP, MCG, the police, and the court, you can stop further work and have the illegal structure removed. Keep copies of all your complaints, evidence, and photographs, as they will help demonstrate that the construction is unauthorized.

If you need assistance, you can prepare a detailed complaint addressed to the DTCP, MCG, and police, enclosing photographs and property documents, and file a civil injunction suit to prevent further violation of your property rights and common area access.

Dear Client,

In the event that an owner in Gurgaon, Haryana, puts up an additional floor on a terrace without the required permissions or NOC from the Department of Town and Country Planning (DTCP) or Haryana Urban Development Authority (HUDA), this construction is illegal. The neighbors or co-owners are entitled to make a formal complaint with the local DTCP office or HUDA regarding the unauthorized construction. Upon verification, the issuing authority has the power to issue show-cause notices and if the owner does not justify the structure or regularize it in any way, the department is entitled to order restoration by having the illegally constructed floor demolished. The neighbours or co-owners can also approach a court to stop the construction that is still ongoing, or seek demolition of the unauthorized part, either through a civil suit or public interest litigation. Concerning the issue of denial of access, since the terrace is likely commonly owned in builder floors unless legally sanction having been given that it could be sold separately, even if a co-owner is excluded from common areas it can be legally challenged. Co-owners should take the appropriate steps with the local authority and commence legal proceedings as a matter of urgency to halt further illegal construction and regain full rights in the common area. I hope this answer helps. For any more queries, do not hesitate to contact us.

1. First thing you should do is to challenge his ownership to terrace through filing a civil
2. You can also file criminal complaint for unlawful restrain for obstructing access to terrace.
3. Obtain sanctioned plan from municipal corporation.
4. Submit a written complaint to municipal corporation against illegal construction on terrace.
5. Terrace is common are under RERA and even under general law. It cannot be sold by builder as he is not titled holder.

- A common terrace is a public space that is accessible to everyone living in the apartment . 

-  Further the builder does not have the legal right to sell an area which is shared by all members of the apartment/building , and any flat owner cannot claim ownership of the terrace and deter other owners from using the same. 

- Further, no construction works can be carried out on the terrace without the consent of all co-owners of the building.

- Hence, the said sell by the builder to the SF owner is invalid , and further the owner cannot construct on the same. 

- You can file a complaint before the Municipal corporation/DTP and also HUDA 

- If no action taken place, then file an Injunction suit before the Court for stopping the construction and demolish the constructed floor. 

This is a serious and unfortunately common issue in Gurgaon. The construction of an unauthorized floor and the illegal sale/purchase of the terrace are clear violations of law and your rights as a resident. Here is a clear, step-by-step guide on the remedies available to you.

Understanding Your Legal Position

1. Terrace is a Common Area: As per the Haryana Building Code and the standard bylaws, the terrace is a common area and part of the common facility of the building. It cannot be sold by the builder to any individual owner. The sale deed of the Second Floor (SF) owner, if it includes the terrace, is legally invalid.

2. Unauthorized Construction (UAC): Constructing another floor without sanction from the Department of Town & Country Planning (DTCP) in Gurgaon is illegal. Such construction is liable to be sealed and demolished.

3. Right to Access: All residents have a right to access the terrace as it is a common area. Blocking your access is illegal.

Immediate and Short-Term Actions (To Stop Construction)

Your immediate goal is to stop the construction activity. Do the following simultaneously to create maximum pressure.

1. Official Complaint to the Municipal Corporation (MCG) & DTCP

This is your most powerful immediate weapon.

• Where to Complain: File a formal written complaint with the Zone Commissioner of Municipal Corporation of Gurgaon (MCG) and the Senior Town Planner (STP) of DTCP, Gurgaon.

• How to Complain:

  • Online: Use the MCG's grievance portal or the Haryana CM Window portal. File a specific complaint for "Unauthorized Construction."

  • Offline: Draft a formal complaint letter. Get it delivered in person and get a receipt, or send it via Registered AD post.

• What to Mention:

  • Clearly state the full address of the property.

  • Mention that an illegal fourth floor is being constructed without any approved building plans from DTCP/MCG.

  • State that the construction is on the common terrace, which is an illegal encroachment.

  • Mention the safety risks (structural load) and the violation of your right to light and air.

  • Request immediate action: Ask them to issue a stop-work notice and seal the property to prevent further construction.

• Follow-up: Visit the MCG/DTCP office regularly to follow up. Take the diary/receipt number with you.

2. Police Complaint (FIR)

While the police are not the primary authority for building bylaws, they can act on specific offenses.

• Grounds for Complaint:

  • Criminal Trespass (IPC 441): The SF owner is trespassing on a common property (terrace) and illegally constructing on it.

  • Mischief (IPC 425): The illegal construction damages the common property and poses a risk to the structure.

  • Criminal Intimidation (IPC 506): If he has threatened you for objecting.

  • Breach of Peace: The construction is causing a dispute and likely to lead to a breach of peace.

• Action: Go to your local police station and file a complaint requesting an FIR under the relevant sections. If they refuse, you can send a written complaint to the Deputy Commissioner of Police (DCP) of your zone, with a copy to the Police Commissioner, requesting direction to the local police to register an FIR.

3. Legal Notice

Engage a lawyer to send a legal notice to:

• The Second Floor (SF) owner.

• The original Builder/Promoter.

The notice should:

• State that the terrace is a common area and its sale is illegal.

• Demand that they immediately stop the unauthorized construction.

• Demand that they restore unrestricted access to the terrace for all residents.

• Warn them of civil and criminal legal action if they do not comply within a stipulated time (e.g., 15 days).

Medium to Long-Term Actions (For Demolition and Legal Recourse)

If the above actions do not yield results, you will need to pursue legal remedies.

1. File a Writ Petition in the Punjab & Haryana High Court

This is a very effective but more involved step. You can file a writ petition against:

• The State of Haryana

• The MCG

• The DTCP

• The SF Owner

• The Builder

The petition would request the Court to:

• Direct the MCG/DTCP to perform their statutory duty and demolish the unauthorized construction.

• Declare the sale/purchase of the terrace as illegal and void.

• Restore the common access to the terrace.

The High Court takes a very strict view of unauthorized constructions, especially in Gurgaon, and often directs immediate demolition.

2. File a Civil Suit

You can also file a civil suit in the District Court (Gurgaon) for:

• Declaration: Seeking a court declaration that the terrace is a common area.

• Permanent Injunction: To permanently restrain the SF owner from constructing on the terrace and to direct him to demolish the illegal structure.

• Mandatory Injunction: To compel him to restore access to the terrace.

3. Complaint under RERA

If your project is registered with RERA (Real Estate Regulatory Authority), you can file a complaint against the builder.

• Grounds: The builder illegally sold a common area (terrace) which is a violation of the RERA Act.

• Relief: RERA can penalize the builder and direct him to rectify the situation.

Collective Action is Key

• Form an Association: If you haven't already, form a formal Association of Allottees/Residents Welfare Association (RWA) for your building. A complaint from a collective body carries much more weight than from an individual.

• Document Everything: Take dated photographs and videos of the construction progress. Keep a record of all your complaints, letters, and communications.

• Safety First: Do not get into physical altercations. Use the legal and official channels.

Summary of Your Strategy

1. IMMEDIATE (This Week): File online and offline complaints with MCG and DTCP for unauthorized construction. Simultaneously, send a legal notice to the SF owner and builder.

2. IF CONSTRUCTION CONTINUES: Escalate to the Police Commissioner/DCP and file an FIR. Consider filing a Writ Petition in the High Court for a swift order.

3. FOR LONG-TERM RESOLUTION: Pursue the civil suit for declaration and injunction, and the RERA complaint against the builder.

The law is on your side. The key is to act swiftly and persistently through the correct government and legal channels. Given the blatant illegality of the construction, the authorities are bound to act.