Legal right of open terrace in multistorey residential building
6 months ago
If it is mentioned in the flat registery that the legal rights of terrace will be of builder and no itereference of any flat owners shall be allowed, before UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 ( U P Act No 16 of 2010 ) came into the picture. Now after the arrival of that act of UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 ( U P Act No 16 of 2010 ) i wish to know whether the legal rights of open terrace will remain with the builder or it will be automatically transfered th flat owners assosiation. Please respond to the above.
A.Dear Sir,
You may contact local advocate who is more acquainted with local laws in specific laws relating to multi storied buildings situated in Uttar Pradesh.
You may contact local advocate who is more acquainted with local laws in specific laws relating to multi storied buildings situated in Uttar Pradesh.
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A.Dear Client,
Floor owners of the building got both land and roof rights collectively in a multistoried housing complex. The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of the multistoried building. Legally, a Builder can neither keep the terrace in his possession nor sell the terrace of any multistoried building which is known as a common area usable by all the floor owners of the Building. On Formation of a Flat Owners Association, a builder is required to hand over the entire building complex to the Flat Owners Association including the open terrace which is a part of the common areas used by the flat owners on payment of maintenance charges to the Association. For any type of dispute, the Association should bring the matter to the notice of the Competent Authority under UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 for a resolution in the matter.
Floor owners of the building got both land and roof rights collectively in a multistoried housing complex. The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of the multistoried building. Legally, a Builder can neither keep the terrace in his possession nor sell the terrace of any multistoried building which is known as a common area usable by all the floor owners of the Building. On Formation of a Flat Owners Association, a builder is required to hand over the entire building complex to the Flat Owners Association including the open terrace which is a part of the common areas used by the flat owners on payment of maintenance charges to the Association. For any type of dispute, the Association should bring the matter to the notice of the Competent Authority under UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 for a resolution in the matter.
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A.Dear Client
The legal rights regarding the open terrace in an apartment building can vary based on the specific laws and regulations in place, as well as the terms outlined in the property documents. In the case of the UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (U P Act No 16 of 2010), it is essential to understand the provisions of the act regarding the transfer of rights and responsibilities, including those related to common areas such as the terrace. As per the Act, the rights and responsibilities concerning common areas and facilities, including the terrace, are typically shared among the flat owners' association or the society formed by the residents. The Act often outlines the duties and powers of such associations in managing and maintaining the common areas for the benefit of the residents.
The legal rights regarding the open terrace in an apartment building can vary based on the specific laws and regulations in place, as well as the terms outlined in the property documents. In the case of the UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (U P Act No 16 of 2010), it is essential to understand the provisions of the act regarding the transfer of rights and responsibilities, including those related to common areas such as the terrace. As per the Act, the rights and responsibilities concerning common areas and facilities, including the terrace, are typically shared among the flat owners' association or the society formed by the residents. The Act often outlines the duties and powers of such associations in managing and maintaining the common areas for the benefit of the residents.
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