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Brami   02 August 2018

What is the meaning of open to sky

Dear Sir,

I have bought a flat in five storeyed building. My flat was on third floor. There is a open area infront of my flat(at east side), and the place is mentioned as "Open to Sky" in my sale deed document.  Actually I paid money for that open area, but the details were not mentioned in sale deed. Now the builder is playing games with me.

There is no public access points like water tanks, tv dishes etc in that open area.

Now my question is : What is "Open to Sky" means in sale deed documents? Shall I use it my own purpose?

NOTE : There is no building permissions to 3rd and 4th floors.



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 August 2018

1.  OPEN-To-SKY spaces are NON-FSI spaces, which cannot be covered .OR. encroached .OR.  used as a storage, in any Manner, whatsoever, since it would constitute a prosecutable offence under the Regional Town Planning Act and the local Civic Act and the Fire Act.  HOWEVER it can be used as a general space (armchair sitting, drying papad, ....).  The Open space you mention might be a extended Balcony /Terrace, attached exclusively to the Flat, for exclusive use of the Flat-Holder.

2.  OPEN-To-SKY spaces CANNOT be SOLD /PURCHASED, in any manner, since it would constitute a prosecutable offence.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Brami   02 August 2018

Thank you for the answer sir :)


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