Room on terrace Room on terrace

9 months ago

We have a private terrace of 1200 sqft. It's been sold to us and has its mentioning in the registration of the flat. The entry to this terrace is from our flat and its the top terrace to us. We would like to make a room in the half area of it. Do we need permission from municipal corporation or NOC from the society for this? Is it illegal? Pls advice.

Anik

Responded 9 months ago

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A.Dear client,
Every owner of a flat has an equal right to use the terrace area because it is a component of the common space. The builder may sell the terrace area if the purchase agreement stated that it might be sold with the approval of other flat owners or upon receipt of a notice of consent. So, in order to build a room on the terrace, you need NOC from the Society of Flat Owners and authorization from the Municipal Corporation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
The terrace area is a part of the common area and every flat owner has an equal right to enjoy the terrace area. If it was mentioned in the agreement to sell that the terrace area is salable on receipt of NOC or consent of other flat owners then the builder can sell it. So, you need permission from the Municipal Corporation and NOC from the Society of flat owners for the construction of a room on the terrace.
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