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Ramanan (IT Consultant)     28 September 2016

Cover open terrace in ground floor attached to flat

I live in ground floor in a owned flat in Bangalore. My flat has an attached open terrace (around 300 Sq.ft) for which I have paid money as well and is also explicitly mentioned in my sale deed as well (in addition to transfer of Super Built Up area, the additional 300 sq.ft of open terrace). This area has private access only through my flat and there is no other common entrance for this area for outsiders (though termed open terrrace). However, we have been facing frequent problems of objects being dropped from upper floor residents which pose a threat to us on a daily basis; also this place is made unclean by bird droppings. To protect us from the hazard of falling objects, we have done a kaccha shed (roofing sheets) for this area. The roofing is done only for the open terrace & does not project outside the limits and we do not use this for any living purposes (other than keeping a few potted plants). However, the builder says we cannot roof our open terrace & is in violation of laws for obtaining Occupancy Certificate. However, we are greatly concerned about our safety & we feel it is within our rights to protect ourselves. Please let us know how to approach this problem & have a meaningful protection with respect to open terrace and whether is a any violation.

Raman.



Learning

 4 Replies

saravanan s (legal advisor)     28 September 2016

 

how come you have a open terrace in ground floor

saravanan s (legal advisor)     28 September 2016

 

how come you have a open terrace in ground floor that too only accessible from your flat.

Ramanan (IT Consultant)     28 September 2016

The area is open to sky (similar to utility area outside Kitchen) & lies between my flat and neighbouring flat. This is mentioned as "300 sqft Open Terrace area of semi-finished built-up area"(only flooring done by builder) in sale deed and can be accessed only through my Kitchen door. There is no common (public) access to this area; on top, we have been foolish enough that we paid the builder additional amount for this area & builder has charged all ground floor buyers who have been enticed with open to sky areas for which there is no public access & promising us exclusivity of the same. 

Kumar Doab (FIN)     28 September 2016

From your post it can be read that the area as promised is exclusive to you.

However it can not be covered.

The answer lies in settling with builder and society.


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