Can I Build floor on My Terrace? First-Floor Owner Opposing Construction (Delhi DDA Flat)

[User_b7a3f5ee]

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User_b7a3f5ee
PARTICIPANT
February 5, 2025 at 4:25 am

I’m in the process of buying a DDA flat in Delhi on the second floor. Since this unit comes with terrace rights, I was planning to construct another floor above. which some owners in our apartment have constructed before. However, the owner of the first floor (who is also a lawyer ) is creating issues, claiming that terrace rights don’t allow construction and that the terrace is a shared/common property of the building. When other people have comstructed on terrace !!

I was under the impression that if I own the second floor and have terrace rights, I can build on it (subject to approvals). Can someone clarify:

1. Is the terrace legally a common/shared property, or does it belong exclusively to the second-floor owner in DDA flats?

2. Can I construct another floor if I obtain MCD approval?

3. Has anyone faced a similar issue, and how did you resolve it? is it wise to buy such kind of house knowing the neigbours are asshole?

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[Urbanwolf2400]

U

Urbanwolf2400
PARTICIPANT
February 5, 2025 at 6:11 am

Terrace rights doesn’t mean you get to construct in it. Before calling calling some one else asshole, look into yourself. In this case the assholery is yours

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[Kajalguru526]

K

Kajalguru526
PARTICIPANT
February 5, 2025 at 6:21 am

It is not advisable to do it even from engineering point ot view. Increased load of your house comes to other house too.

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[Happyyash3850]

H

Happyyash3850
PARTICIPANT
February 5, 2025 at 7:41 am

I guess you are talking about the terrace about your flat which is accessible commonly by all apartment dwellers..if so .. terrace is a common place for all…you cannot build legally as well as structurally

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[User_e3cec68a]

U

User_e3cec68a
PARTICIPANT
February 5, 2025 at 1:39 pm

Tbh.. terrace is common area. Builders sell it as private but they will not mention that on document. Read your documents, if it says it only belongs to you then proceed legally.

Otherwise No u can’t build another floor there. Yes others have built but you’ve got an as*hole on first floor.

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