Brad Sharma 22 October 2026
Dr. J C Vashista (Advocate ) 22 October 2026
Consult a local architect for proper appreciation of facts and professional advise.
Advocate M.Bhadra 22 October 2026
Yes, you are entitled to benefits for your open terrace, but the nature of that benefit depends heavily on your legal documentation.
Common Access: Since the open terrace is accessible by four flats, courts often treat it as a common/semi-private amenity rather than 100% exclusive private carpet area.
Registered Agreement: Having the terrace explicit in your registered agreement and proving you paid for 1/3rd1/3^{\text{rd}}1/3rd of its area gives you a strong legal backing. Under Indian property laws and court precedents (e.g., High Court decisions on exclusive/attached terraces), areas paid for and reflected in agreement/sanctioned plans cannot be ignored or treated as zero-value during redevelopment.
Open terraces do not get a 1:1 replacement as indoor carpet area because RERA defines carpet area strictly as enclosed net usable floor space.
Standard Industry Practice: Developers typically calculate attached or exclusive terrace rights at a discounted proportion—most commonly 30% to 50%30\% \text{ to } 50\%30% to 50% (or 1/3rd1/3^{\text{rd}}1/3rd) of the terrace area—and convert that into additional main flat carpet area or give an equivalent attached balcony/deck in the new structure.
If the developer cannot physically replicate the open terrace in the new building design, you are legally entitled to financial compensation (hard cash payout/corpus) or extra carpet area equivalent to the valuation of that terrace space.
Members cannot arbitrarily strip away a right or space that you legally purchased through your agreement.
Verify Documents: Check whether the agreement mentions exclusive right to use or joint undivided share/ownership of that terrace, along with the precise square footage.
Present to Committee & Developer: Submit your purchase agreement copy showing the 1/3rd1/3^{\text{rd}}1/3rd payment and descripttion. Request the developer to include your terrace entitlement as a distinct line item in the Individual Member Entitlement Matrix within the Development Agreement (DA).
Legal Safeguard: Ensure your specific terrace allotment/compensation is clearly drafted into the Permanent Alternate Accommodation Agreement (PAAA) before signing off on redevelopment.
T. Kalaiselvan, Advocate (Advocate) 23 October 2026
An open terrace accessible by multiple flats (in your case, 4 flats) is legally classified as a Common Area / Limited Common Area. It is not considered an "Exclusive Open Terrace" attached solely to one flat. Legally, builders are not allowed to sell or charge individual owners for open terraces or common areas. Even if your registered sale agreement mentions that you paid for 1/3 area of the open terrace, courts and housing authorities (including the Supreme Court) frequently hold that builders cannot sell common terraces or create exclusive private ownership over shared roof areas.
As an open terrace is excluded from the definition of "Carpet Area" under RERA Section 2(k), you will not get a 1:1 carpet area replacement in the newly constructed flat for the terrace square footage. The redevelopment layout will give you extra built-up carpet area based on your original indoor flat area, not the terrace area. If the new architectural plan still permits a podium or first-floor layout with adjacent terrace pockets, you can request preferential allotment of a first-floor unit that has attached terrace access, using your original agreement as a basis during General Body Meeting (GBM) negotiations.
Check whether the agreement explicitly lists the terrace as an attached appurtenant usage right or assigns specific boundaries/percentage undivided share of land (UDS) for it.
Bring your registered agreement to the society committee and developer before finalizing the Development Agreement (DA). While you may not get equivalent indoor carpet area, you can negotiate for Monetary compensation or a hardship allowance adjustment for surrendering your exclusive usage rights or First choice of flat allocation in the new building (e.g., a modern podium-level flat or private balcony/terrace flat).
f the society refuses to acknowledge the payment you made for the terrace because it was illegal for the builder to sell it, you have grounds to file a Consumer Forum or RERA complaint against the original builder for charging money for a common area.
Brad Sharma 23 October 2026
Thanks for the replies.
I missed mentioning that I stay in Navi Mumbai and the flat was purchased in 2001.
The original builder is no more, so I can't file a case against him.
What are the best options I have. So that i don't miss on my terrace opportunity.
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