Hello Sir, We have purchased a flat in G+4 construction of 50 flats in 2014.In sale deed and construction agreement it is mentioned that builder has obsolute rights over terrace to construct or sell to anybody of their choice.They have constructed one penthouse which is not in the approved plan.Later brs is applied for 1800 sq.ft penthouse.Now the penthouse person is extending his contruction by putting gates covering some more area infront of the pent house.When objected by the other flat owners builder is saying that penthouse owner has right over front space also.Kindly let us know whether this penthouse construction is legal and he has right to construct gates covering some more area on the terrace.How to deal this legally.
Pent house can be constructed only as per sanctioned plans
2) if it is not sanctioned by municipal corporation it is unauthorised and can be demolished
3) terrace forms part of common area for benefit of all flat owners
4) penthouse owner cannot cover further area on terrace
Hello,
A builder can only build that much of area that has been approved/ sanctioned by the authorities, if any area above and over that is built then the same is illegal per se.
Get an RTI from the development authority as to what was the sanctioned area and has this new area been compounded.
Issue a legal notice to the builder and subsequently move an application before the authorities for demolition of the same.
Regards
The mandate of the Supreme Court is very clear, any deliberate construction in excess of the approved plan cannot be compounded. Hence, the instant brs is illegal and can be challenged in the High Court.
The act of the pent house owner of encroaching the terrace is illegal because all the flat owners have undivided and common interest over the said space.
1. Well,no permanent structure is permissible unless it is made as per sanctioned building plan.
2.Since the flat owners relinquished their rights over the roof the builder can make constructions on it but beyond this the owner can not restrict the usage by other flat owners.
3.So immediately file a case before the consumer forum and seek interim relief to use the same or injunction not to restrain you from using this.
4.the roof is a common space and hence its use can not be restricted either by the owner of penthouse or the builder.
5.So if you file case beofre the consumer forum you are expected to get result.
Whether we flat owners have relinquished our rights on terrace as the builder has included his terrace rights clause in sale deed and construction agreement.whether the builder is entitled to construct more penthouses in future or sell the space.What can be done by our owners association people.
No, the flat owners haven't relinquished their rights. Something, that is impermissible can't be ratified just because it's been included in a mutual agreement.
Move a Complaint to the Development Authority which approved the map for this society.
You can send him a legal notice and then can file a complaint with regards to the illegal construction to the development authority
1) flat owners have not relinquished their rights on terrace
2) clauses in agreement are in favour of builder only
3) complain to municipal corporation Agarwal bay unauthorised construction contrary to sanctioned plans
4) builder cannot construct more penthouse in future
When the builder has exclusive rights in the terrace, he has built a penthouse and sold the same to a purchaser with rights covering the area in front of his penthouse.
Even if the builder has not sold the vacant area in front of the penthouse, you cannot claim any rights in the open terrace since it wont belong to you.
If the construction of penthouse is illegal then you may aproach the local civic body with a complaint about this unauthorised structure built with out any approval.
if this was an illegal construction then the authorities will take appropriate action demolish the same
Whether we flat owners have relinquished our rights on terrace as the builder has included his terrace rights clause in sale deed and construction agreement.whether the builder is entitled to construct more penthouses in future or sell the space.What can be done by our owners association people.
If this terrace was not shown as common area by the builder then the association cannot claim any rights over the terrace as common area, however if the construction of penthouse is not within the approved plan then the association may object to this and can take up this matter before the local civic body seeking its intervention and demolition of the unauthorised construction.