can the builder of a five storeied flat building use the terrace for commercial purpose?



We have five storied building of 16 flats. The builder is saying the terrace is in his ownership whether this is true? Secondly, can the builder or, any other member use the open terrace for any commercial purpose like renting to any cellular company etc and installation of tower? Can installation of tower and commercial use of the terrace be objected by the flat owners/residents?

3 Replies to “can the builder of a five storeied flat building use the terrace for commercial purpose?”


  1. “The builder is saying the terrace is in his ownership” – He owns the hole building. If he sells the units, he owns any part of the building he doesn’t sell.

    Yes, he can sell rights to put a cell tower, etc. He owns the building. You can object, but it won’t do any good.


  2. If the total number of flats as per sanction is only 16 and all are already sold, the builder can not have right without a undivided share of interest on land. Check whether he holds any such rights. Otherwise any income out of Cellular installation of tower is to be to the account of all the 16 flat owners. If installation is not done yet, all of you 16 jointly object to it.


  3. “The builder is saying the terrace is in his ownership” – He owns the hole building. If he sells the units, he owns any part of the building he doesn’t sell.

    Yes, he can sell rights to put a cell tower, etc. He owns the building. You can object, but it won’t do any good.





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