See if right to only use roof is given in that case you cannot create temporary structures you need to seek approval and NOC of other owner and Resident welfare association to build such structure further refer to your sale deed and covenants there of .
With Exclusive Terrace Rights - Can one build a bathroom and a servant room there.
Hi, I live in a low rise development by Emaar in Gurgaon. Each plot has three floors with Ground floor having front and Rear Lawns and First and Second floor get exclusive rights to a part of the terrace. I have noticed a lot of people building temporary rooms on their terrace with ACP Sheet or Iron Corrugated sheets etc. I also want to make one but the maintenance and facilities team just wouldn't let me. Security guards stop my labour workers from entering my apartment or going to the terrace. I want to know if building a temporary room /structure is legal as per law on a terrace of which I have exclusive rights to. The structure is not visible from the ground so it doesn't hamper the look of the facade or the society in any way thanks
Asked 6 years ago in Property Law
Religion: Sikh
11 Answers
Hi,if in the conveyance deed/ sale deed executed by the developer in your favour ,roof rights are available to you ,then you can make the structure ...
If the way to terrace is from your flat than just inform them in writing that you're building temporary shed on terrace.
If it is separate staircase than you need to take legal permission from Facilities team.
Do let me know whether its Co-operative society body formed or Apartment association. So we can guide you according under which act it can be farmed
wow...all three different answers...hahah so the staircase is common for all three floors leading up to the terrace, water tanks are on the terrace too but put in an earmarked common spot. Basically there are three divisions of the terrace, One for the water tanks, rear part of the terrace for the first floor and front part of the terrace for the second floor. there is a physical (low height brick and mortar) divide between all three part. In the buyers agreement, terrace area is mentioned as exclusive useable space but not a part of the saleable area. The plot however is jointly owned by all three owners as undivided share. I actually intend on making a bathroom for the house help and a little room with fibre glass etc. the property is still with the company for maintenance as part of the project is still under construction and in the process of handover...RWA is still not formed and active....
Asked 6 years ago
You cannot carry on any construction on terrace without permission from muncipal corporation and the society
2) Amy unauthorised construction would be demolished
In this case you can't built a personal room on terrace as its a common purpose and for use. YOu can take objection for rest of the stuff kept by 1st and 2nd floor owners on terrace for their common purposes or in this regard you can ask your share too if they are ready to use 1/3rd part of terrace.
It should be use for common purposes.
Though the terrace is physically divided still if there are no approved plans and permission from.the municipal corporation no temporary/permanent structure can be erected.
In case you apply for approval they shall ask.NOC from.other two owners.
You can build the same with the permission of civic authorities. Even if it's made without permission your guards can't stop your labour illegally. They can only approach court to stop your work
please see your registered deed along with the Builder buyer agreement for the clauses containing the use of Terrace however as per the Apartment Act no one is allowed to change the facade of the building.
Anyone who is trying to build servant quarter and bathroom over the terrace can be objected by the association and penalty may be imposed if there is Saturn provision in the resident welfare Association bylaws otherwise the residents of the society e in a General Meeting can make certain rules to prevent use of Terrace by individuals.
As you mentioned that the Builder buyer agreement provide the terrace area is usable space means it is usable by everybody not by a single individual so any construction in this regard is treated illegal and is subject to the demolition with charges
Yes you can build bathroom and a temporary shed for that you need approval from municipal corporation .
Even though you have been conferred with the rights over terrace, you cannot put up any structure over it especially a dwelling unit.
A temporary or make shift structure can be put up fort temporary purposes but you may not be able to accommodate your servants or anyone reside there.
Therefore you may talk to the association in this regard and seek permission for putting up temporary structure which in no way would hamper the look of the building or would deviate the construction and would remove the same whenever you are ordered to do so.
You may not be allowed to put a structure to suit your requirement, i.e., a bathroom, which is more or less a permanent structure.
By giving you terrace rights, it would not grant you to construct any such structures over the terrace, it would be illegal and you may even be penalised for such acts.
Better you may once again consult the builder on this.