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Anonymous (Member)     25 April 2024

Settlement of exclusive open terrace area in cases of redevelopment or self-redevelopment

Dear Expert,

I live in a registered society that is only approx. 26 years old. Unfortunately, due to the poor quality of construction by the builder and ongoing leakage issues, repairs are no longer a viable option. Therefore, my society is considering builders for redevelopment.

My query is regarding an exclusive open terrace area.

I own a 2 BHK flat with an exclusive open terrace area on the first floor, with further details as follows:

  • The local municipal corporation in Thane District, Maharashtra, has approved our society's plan, which includes this terrace.
  • My registered sale agreement with the builder details this terrace, stating that I paid 40% of the actual FSI saleable price to purchase exclusive rights to it.
  • I've paid the stamp duty and registration charges for it, and it's detailed in my Index II as well.
  • This terrace is also mentioned in my property tax and my society's maintenance bill.
  • Only I have access to this terrace through my bedroom, and I've been using it peacefully without any issues or complaints from others.

Can you please help me by sharing the common market practice regarding the settlement of exclusive open terrace areas in cases of redevelopment or self-redevelopment?

  • Specifically, what percentage of the carpet area is generally offered in exchange - if a builder cannot or does not wish to provide the existing exclusive open terrace area with additional benefits, like for flats?

Thanks a lot in advance for your help!


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     26 April 2024

During the signing of the  redevelopement  agreement with the developer, you can clarify about ytour entitlement especially in the presence of documentary evidence for the extra FSI you are entitled in the redevelopment process.

You don't have to sign the agtreement if you smell injustice being done to you. 

Anonymous (Member)     27 April 2024

Thank you, Kalaiselvan Sir, for the reply.

I agree. I should proceed further only if all my entitlements are clearly described in the documents.

However, my query is regarding the market practice during redevelopment, i.e., generally, how much do the developers offer in terms of carpet area in consideration for the existing exclusive open terrace area? (if they cannot provide open terrace)

T. Kalaiselvan, Advocate (Advocate)     28 April 2024

How much the developers offer for the carpet area and other issues are to be decided in the meeting and reduced to writing in the agreements entered to thereafter. 

You can refuse to sign the agreement if the issues are not negotiated nor any beneficial offer is rendered to you. 

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