Builders right on common terrace
Builders right on common terrace of project completed and sold before 25 yearsSir , can the builder-developers claim their right on common terrace of the apartment which is sold in 1998-2000 …?
( Vadodara, Gujarat )
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Last Updated On 04-Dec-2025
A.
Dear Client,
The rooftops of the building of a multi-storied Building are known as an open terrace and are a part of the common area that is usable for all the floor owners of a multi-storied building. Builders right to terrace seized once they sold the project to the buyers. Moreover, legally, a Builder cannot sell it or a Society cannot permit any floor owner to use the terrace for his own purposes in any multi-storeyed building, which is known as a common area usable by all the floor owners of the Building. Section 21 of the Gujarat Ownership Flat Act, 1973 defines common areas of a multi-storied building that include terrace amongst other common areas usable by the residents of the apartments.
The rooftops of the building of a multi-storied Building are known as an open terrace and are a part of the common area that is usable for all the floor owners of a multi-storied building. Builders right to terrace seized once they sold the project to the buyers. Moreover, legally, a Builder cannot sell it or a Society cannot permit any floor owner to use the terrace for his own purposes in any multi-storeyed building, which is known as a common area usable by all the floor owners of the Building. Section 21 of the Gujarat Ownership Flat Act, 1973 defines common areas of a multi-storied building that include terrace amongst other common areas usable by the residents of the apartments.
Posted On 04-Dec-2025
A.
Dear Sir,
Builder can claim terrace ONLY IF BOTH CONDITIONS APPLY:
(A) The registered sale deed explicitly reserves terrace rights AND
(B) He is using it for building permissible structures during original development.
After 25 years, neither condition can apply.
Even if a builder had reserved terrace rights originally, courts hold that:
Once the building is sold and handed over, the builder cannot retain ownership of the terrace or use it for additional construction without society consent.
Builder can claim terrace ONLY IF BOTH CONDITIONS APPLY:
(A) The registered sale deed explicitly reserves terrace rights AND
(B) He is using it for building permissible structures during original development.
After 25 years, neither condition can apply.
Even if a builder had reserved terrace rights originally, courts hold that:
Once the building is sold and handed over, the builder cannot retain ownership of the terrace or use it for additional construction without society consent.
Posted On 04-Dec-2025
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