Dear Client
The ownership and usage of common areas in a residential or commercial building are typically governed by legal provisions, the builder's agreement, and eventually, the society or association formed by the residents. Here are some general points to consider regarding your situation:
Ownership of the Terrace:
The ownership of the terrace area depends on the terms and conditions specified in the builder-buyer agreement and the property documents. Usually, the terrace is considered a common area, and no individual owner has exclusive rights to it unless specified otherwise in the legal documents. You may need to review your builder-buyer agreement and the property documents to determine the ownership status of the terrace.
Formation of an Association:
In most cases, residents of a building can form a residents' association or society after a certain period of occupancy, typically when a significant percentage of units have been sold and occupied. This association can then decide on rules and regulations for common areas, including the terrace, and address issues like maintenance, common expenses, and the use of shared spaces. After five years of occupancy, you should explore the possibility of forming such an association and drafting rules for common areas.
Construction in the Basement:
Whether the plot owner can construct car sheds in the basement parking area depends on the terms and conditions outlined in the builder-buyer agreement and the property documents. If the basement parking area is designated for common use, an individual owner may not have the right to make exclusive use of it without the consent of the association or society, once formed.
Parking for Commercial Blocks:
The provision of parking spots for commercial blocks within the same building is generally governed by local municipal regulations and the builder's plans and approvals. Some cities in India have specific requirements for parking in commercial buildings. You should check with your local municipal authority and review the builder's plans and approvals to understand the parking provisions for commercial blocks in your building.