Leakage from private terrace

Querist : Anonymous (Querist) 16 March 2021 This query is : Resolved
My flat is below a private terrace, a few years ago I got it repaired at my cost as the flat owner refused to give permission if they had to pay. However the problem has not been solved. According to byelaws 159(a) repairs of (ix) terrace and parapet wall (xxiv) all leakages of water including leakages due to rainwater (xxvii) the damaged ceiling including plaster there on in the top floor flats, on account of leakage through the rain water through the terrace.

As there is no clarity in the byelaws whether this includes private terraces or just common in terraces, could you please let me know if this would apply to private terraces also.

If it is the responsibility of the owner of the terrace flat to pay for the repairs and they refuse to give permission to carry out the repairs when building repairs are going on because they don’t want to pay for the repairs, what are the options available to us to get the repairs done?

Thank you in advance for your replies.

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Dr J C Vashista (Expert) 16 March 2021
Is it a case of cooperative housing society ? If so, the owner of upper floor has to bear the cost of repair.

M V Gupta (Expert) 16 March 2021
Bye law 159 (a) deals with repairs of common areas in the building and the compound.It does not apply to private terrace allotted to a member for his exclusive use. It becomes part of his flat. Hence Bye law 159 (b) applies to such terraces. In terms of this bye law the member concerned should get the repairs done at his own cost and ensure interests of the owner of flat below do not suffers any damage.. Society's management should ensure that the terrace owner complies with his obligation under 159 (b) of the bye laws. Hence take up the issue with the MC. Even after that if the Owner of the terrace does not carry out the repairs get a legal notice issued through your Advocate and take further action in consultation with your Advocate.

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SHIRISH PAWAR, 7738990900 (Expert) 16 March 2021
Hello,

Bye-law 159 a is not applicable to a private terrace. An individual member having a private terrace should bear the cost. I will suggest you try to amicably resolve the issue by discussion or you may send legal notice calling upon the flat owner to carry out the lekage repair of the flat.

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