🏢 Introduction
In Mumbai Cooperative Housing Societies (CHS), terrace and common area disputes are extremely common — especially in buildings in Bandra, Dadar, Andheri, Ghatkopar, Kandivali and Thane.
Frequent issues include:
- Committee locking terrace access
- One member claiming terrace ownership
- Builder selling “exclusive terrace rights”
- Installation of mobile tower
- Encroachment of lobby or parking space
The central question:
👉 Who owns the terrace and common areas in a CHS?
Understanding legal position prevents misuse and conflict.
1️⃣ Is Terrace Common Property?
In most Mumbai housing societies:
👉 Terrace is common area.
Common areas include:
- Terrace
- Staircase
- Lift
- Compound
- Garden
- Parking (unless specifically allotted)
- Water tank area
- Lobby
Once society is formed, common areas belong collectively to all members.
Individual ownership is generally not allowed.
2️⃣ Can Builder Sell Terrace to One Member?
This is a very common issue in Mumbai.
Builders sometimes sell:
- “Exclusive terrace rights”
- “Private terrace use”
Legal position:
If terrace is part of common structure, builder cannot permanently transfer ownership.
At best, limited use rights may be granted — but ownership remains with society.
After conveyance, terrace belongs to society.
3️⃣ What Is “Exclusive Terrace” Attached to Flat?
In some duplex or top-floor flats:
Terrace may be accessible only from that flat.
However:
- Structural slab remains common.
- Waterproofing responsibility often lies with society.
- Exclusive use does not equal ownership.
Usage rights must be clearly defined in agreement.
4️⃣ Can Society Lock the Terrace?
Society may restrict terrace access for:
✔ Safety reasons
✔ Structural repair
✔ Security concerns
✔ Water tank maintenance
But society cannot permanently deny access without valid reason.
If terrace used for:
- Drying clothes
- Satellite dish
- Festival celebrations
Reasonable access may be required.
5️⃣ Can One Member Claim Terrace Ownership?
No — unless clearly registered as part of sale deed (rare).
Structural terrace slab is part of building’s common structure.
Even if terrace accessible through one flat:
Ownership usually vests with society.
Disputes often arise due to misunderstanding of “exclusive use” vs “ownership”.
6️⃣ Mobile Tower Installation on Terrace
Many Mumbai societies install:
- Telecom towers
- Dish antennas
Procedure generally requires:
- General Body approval
- Majority resolution
- Structural safety certification
Revenue earned belongs to society — not individual member.
If terrace attached to specific flat:
Society must ensure fair agreement.
7️⃣ Can Society Lease Terrace for Advertisement Hoardings?
Yes — if:
- Approved by General Body.
- Municipal permission obtained.
- Structural safety certified.
Income usually credited to society account.
Transparency in revenue usage is important.
8️⃣ Common Area Encroachment – Is It Legal?
Encroachment examples:
- Extending shoe rack in corridor
- Closing lobby area
- Building cabin in parking
- Covering common passage
Such encroachments are generally illegal.
Society can:
✔ Issue notice
✔ Demand removal
✔ Escalate legally if required
Common area cannot be privatized.
9️⃣ Water Tank & Pump Room – Access Rights
Water tanks are:
👉 Common property
Society must allow access for:
- Maintenance
- Inspection
- Structural safety
Individual member cannot restrict tank access.
🔟 Terrace Waterproofing – Who Pays?
If terrace is common area:
Society must bear:
- Waterproofing cost
- Structural repair
- Drainage correction
If terrace exclusively attached to one flat, cost-sharing may vary depending on bye laws and agreements.
1️⃣1️⃣ Terrace Use for Personal Events – Allowed?
Occasional use for:
- Small gatherings
- Festival events
May be allowed with permission.
Society can:
- Frame policy
- Limit noise hours
- Charge refundable deposit
Permanent privatization is not allowed.
1️⃣2️⃣ Redevelopment & Terrace Rights
During redevelopment:
- New building may redefine terrace use.
- Top-floor buyers may negotiate exclusive access.
- Development agreement must clarify rights.
Members must carefully review redevelopment terms.
1️⃣3️⃣ Legal Remedies for Terrace Disputes
If dispute arises:
- Request copy of conveyance deed.
- Check society bye laws.
- Seek structural layout plan.
- Raise issue in AGM.
- Approach Registrar if misuse continues.
Documentation is crucial.
📊 Common Area Responsibility Snapshot
| Area | Ownership |
|---|---|
| Terrace | Society |
| Staircase | Society |
| Lift | Society |
| Compound | Society |
| Water Tank | Society |
| Exclusive Terrace Access | Use right only (usually) |
| Corridor | Common |
Key Takeaways:
- Terrace usually common property
- Exclusive use ≠ ownership
- Mobile tower revenue belongs to society
- Encroachment illegal
- Waterproofing typically society responsibility
❓ Frequently Asked Questions
Who owns terrace in Mumbai CHS?
Generally, it is common property of society.
Can society permanently lock terrace?
Only for valid safety reasons.
Can builder sell terrace rights?
Ownership usually cannot be transferred permanently.
Who gets mobile tower rent?
Society collectively.
Can member enclose part of corridor?
No, common area cannot be privatized.
🏁 Conclusion
Terrace and common areas in Mumbai housing societies are collective property meant for shared benefit.
Misunderstanding between “exclusive use” and “ownership” causes many disputes.
Key principles:
- Structural elements belong to society
- Individual encroachment is illegal
- Revenue from common property must benefit all members
- Transparent governance prevents conflict
Before claiming terrace rights or restricting access, always verify legal documents and bye laws.
Disclaimer: This is not legal advice. Kindly consult a qualified lawyer or legal professional for advice specific to your situation.