In a residential community, a terrace or rooftop is an element of the common space. A terrace should be used and enjoyed by all of its users, as is the case with other communal spaces. However, in certain communities, the developer sells one resident the exclusive terrace rights. Continue reading to find out if the practise is sanctioned or not.
A terrace-equipped apartment is usually considered to be a luxury. However, purchasing a terraced home is now an expensive endeavour. In addition, the tendency has begun to gradually fade as high-rise apartment communities appear. However, some homeowners are prepared to spend more for a terrace in order to guarantee solitude and have access to additional conveniences.
According to experts, this kind of situation occurs frequently in Delhi's government apartments, where the top-floor owners have illegally obtained the terrace area for their own use. The Delhi Development Authority (DDA) has thus amended the clearance procedure and made it available on the official internet in order to guarantee that the correct channels are followed for additions or adjustments in apartments.
· Under the Architects Act of 1972, architects registered with the Council of Architecture were granted the power to verify designs for their accuracy with relation to initial construction as well as suggestions in compliance with building bye-laws and to the rules of additions/alterations.
· Plans will be taken into account and considered as approved once they have been presented, together with all supporting documentation that has been validated by the architects and structural engineer.
· Regardless of the covered area concerned, a building plan processing fee of Rs 200 will be imposed. A fee of Rs 450 per square metre will also be charged for the additional covered space that is planned to be built.
· The Certificate of Supervision by Architect and Structural Engineer is required, together with an indemnity bond for structural stability, to assure structural safety and good construction. Only those who have provided NOC will not need this.
However, there have also been instances in gated communities when private terrace areas are not offered and developers instead sell the area to purchasers in order to reap additional profits.
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What is the legal position regarding the sale of shared terrace areas?
According to legal expert, there is now "no mandate" against selling communal terrace lands across all of India. To be sure, each State has its own laws and policies at the federal level. These State requirements must be followed by all developers and group housing organisations.
The terrace of the housing society cannot be sold or leased by a developer to a specific owner, owners of other properties in the society, or to anyone else, according to the UP Apartment Act 2010. The housing organisation as well as the developer do not have any plans to sell the terrace to anyone. According to the legislation, all open areas in a housing society are set aside for the common enjoyment of the society's members, who have the right to do so in accordance with the recorded decisions of the municipal corporation.
When requesting project permission from the municipal corporation, open areas such as the lobby, park, terrace, pool or gym, and lift or elevator are not taken into account when calculating the Floor Space Index (FSI) or Floor Area Ratio (FAR). So neither the developer nor a resident has sole ownership, Nehra continues.
He adds that there have been rumours about selling terrace spaces, but that the developer cannot sell the common area in the housing society, including rooftops and terraces, unless he has complied with the requirements for society dwellings as laid down by the honourable Supreme Court.
To avoid issues later, it is important to verify the rules for your housing society for more standardised provisions concerning communal terrace area or to consult the National Building Code of India (NBC).
Source From:- navimumbaihouses
