Can a builder sell the roof top terrace of apartment

dear querist ,

you are right that the common area in housing society can not be sold out but if the builder is providing the same in ground floor ,the purpose of terrace used by the society people will held on the ground floor or it can be possible he had filled all the conditions for society houses as guidelines set up by the honourable SC. fOR THIS  you had to demand the records of that society from the registarr office,and in some cases ther is alos provison of sale of flats with teraace rights.feel free to call if left any query.

for people with remedies,

legalis consilio

Dear Sir,

Thanks for ur quick response. Ground floor is sold out parking hence it can not replace the roof top purpose. Roof top has overhead water tank storage for drinking & fire  and lift room apart from open terrace where some members have fixed their disc antenas. Can u pl share any court judgement - HC/SC - in this regard. 

1. i request some member to inform where supreme court guideline can be  seen?

2. Terrace or top most roof of any building is iused for multiple tasks- Disc antenna fitting and servcing, water tanks and servciing, watre over flow pipe and servcing and emergency access in case of fire in building.

So how terrac eor roof of [partment houses building can be sold.It is worng and illegals.IUt should be taht way.roof should be maintianed by society  or below lying aprtment owners.

Am I correct? is there any legal support for my arguments?

I'm planning to buy a flat in an under construction apartment in Bangalore. The builder, in the agreement has specified a similar clause like this. The clause is "That the sellers are hereby conveying to the purchaser that the open terrace rights shall always remain with the sellers only and the purchaser shall not have any right, title or interest whatsoever on the terrace portion."

Does it mean he can always construct one or more floors on the terrace whenever he wants ?

regards,

Dilip.

As I understand from various Acts and Rules on Construction and transfer of Apartment Buildings, Roof is part of common areas. Roofs serve as common areas and facilities for various purposes as mentioned by Dr. Gupta 2 years back. There are clear judgements of the Supreme Court that nothing can be sold if it is not a flat. If the common areas are not defined clearly by the builder during agreement it is at his peril. Entire areas and facilities other than flats belong to the flat owner jointly.