Having a terraced apartment or house has become a luxury element in the Indian real estate, and day by day it is becoming more expensive element in India. The common terrace trend of the traditional Indian real estate has been vanishing somewhere in the upbringing of new trends like terraced apartments, flats and terrace/cum balcony housing units. Property buyers are demanding more privacy for living and hence the privatized terrace structures are highly preferred and the influence of this trend is significantly visible on price appreciation of properties.The issue come in the housing societies where there are no private terraces are available and it has been seen that many developers and builders are selling common terraces to the property owners. Occupying a terrace of a housing society building is actually unfair and lawfully illegal concern and builder or developer do not has any right to sell such terrace as it is shared by all housing society members. The Indian real estate sector has observed that many developers and builders of the co-operative housing societies opt for the decision to sell the roof top/terrace to property owners, while the top floors owners of the properties claim such ownership of the roof top/terraces.According to the law, both these situations are illegal and neither developer nor top floor owner posses the ownership of the roof top/terrace of the building or structure.What law says about common terraces?According to the section 4 (1A), (iii), (viii), (x) and section 10 (1) of the Maharashtra Ownership Act, builder or developer do not have any right to sell terrace of the housing society to any particular owner or owners of the properties in the society or anyone else. Not only builder but also the housing society has no provision to sell terrace to anybody. The terrace cannot be individually or collectively sell to anybody by the developer or by the society. The law states that all open spaces in the housing society are reserved for common easement of all the members of the society and they are entitled to enjoy the same according to the stated records of the Municipal Corporation.Buying or selling of terrace of housing society is not legally permitted and such use of the terrace is totally illegal according to the corresponding laws stated by the government. Laws stating this provision are significantly clear which do not allow builder or society to sell terraces. While approving the project plans for housing societies most of the municipal corporation does not consider the common terrace area in the floors space index and hence such common terraces are left out from anyone’s ownership which cannot be sold or bought under any circumstance or situations. Along with the common terrace spaces, other common spaces available in the housing society are also cannot be bought or sold according to the stated law of Maharashtra Ownership Act.There have been speculations regarding the selling of terrace spaces, but unless and until the developer has filled conditions for society houses as per the guidelines set up by honorable Supreme Court, no developer can be able sell the common space in the housing society including roof tops/ terraces.It is advised that you should check the guidelines regarding your housing society for more standardized provision over common terrace space in the housing society.займ на карту без отказов круглосуточновзять кредит онлайн