All You Need To Know About Common Terraces
A common terrace is a common rooftop found in almost all the housing societies. Usually, it is a public space that is accessible to everyone living in the society and the responsibility of its maintenance is shared by all the residents. However, the emergence of terraced apartments and terrace-cum-balcony housing units the common terraces.
With more and more home buyers asking for private terrace or rooftops, some developers are now selling common terraces. A developer does not have the legal right to sell an area which is shared by all members of the housing society. Similarly, some flat- owners of top floors claim ownership of the terrace and deter other owners from using the same. Both these actions do not conform to the prescribed laws.
MakaaniQ tells you more about common terraces in a housing society.
As per the law:
- All open spaces in a housing society are reserved for common easement of all society members and are entitled to enjoy the same according to the stated records of the municipal corporation.
- No construction works can be carried out on the terrace without the consent of all co-owners of the building.
- Top terrace is a common area as mentioned in DDA (Delhi Development Authority) Regulations of 1968, use of the same is not exclusive to the top flat owner.
- Open spaces like common terraces, lobby, park, gymnasium or elevators are not calculated as a part of the Floor Space Index (FSI) or Floor Area Ratio (FAR) calculations while seeking project approvals from the Municipal Corporation.
Municipal corporations of many cities, when approving project plans for housing societies, do not consider common terrace spaces in the Floor Space Index (FSI) and hence, such common terraces are not regarded for anyone's ownership and cannot be sold or bought under any circumstance or situations.
To deal with the illegal occupation of terraces by flat owners, the DDA has undertaken modifications to the existing policies of seeking approvals regarding alterations in the plans.
According to Maharashtra Ownership Flats Act 1963, Section 4(1A) a (iii), (viii), (x) and Section 10(1), the developer is not authorised to sell a terrace space or parking including the stilt parking of the building. In a recent rule passed by Bombay High Court, residents have been warned against obstructing the BMC's move to ensure access to the building's terrace to all residents and for emergencies.