Building room in private terrace is legal or illegal
3 years ago
Planning to buy flat in top floor 3rd and builder is giving free private terrace of 150 square feet with out any cost.. since flat size was quite smaller so I have requested builder to take some space from free terrace of 50% space to build additional room.. So the questions here is
1 - is that legal or illegal. Builder got plan approval with this private terrace only.
2 - since is it free of cost private terrace. This private terrace information will not come in construction agreement and in registration document also. Please advice will it cause any issues in future.
Prashant Deshmukh
Responded 3 years ago
A.Is that terrace shown in approved plan? The access to the terrace is given from flat only or there is common excess? You have to include terrace in your agreement and pay stamp duty on it even though it is free to you. Please also check whether your flat is legal or illegal because no one give free terrace to anyone.
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A.Hi,
Make sure the terrace is infact private. If not, you will require NOC of the owners and the permission of a civic authority of your area.
Make sure the terrace is infact private. If not, you will require NOC of the owners and the permission of a civic authority of your area.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Make sure that the terrace is infact private and not common. If it is common then you will need NOC from all the owners and the apartment association if it exists. You will also require permission from your Municipal Corporation.
Make sure that the terrace is infact private and not common. If it is common then you will need NOC from all the owners and the apartment association if it exists. You will also require permission from your Municipal Corporation.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.first check if 3rd floor is also approved or not.
many times, it is also illegal only but you are saying it is approved in plan then its ok.
if private terrace is not in agreement and registration then there is no right of yours.
you have to lick shoes of all other owners for lifetime so they dont object to it.
it is purely illegal which you also know very well.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
many times, it is also illegal only but you are saying it is approved in plan then its ok.
if private terrace is not in agreement and registration then there is no right of yours.
you have to lick shoes of all other owners for lifetime so they dont object to it.
it is purely illegal which you also know very well.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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