Housing Society - Attached Balcony

Housing Society - Attached Balcony

• Category: Structure
• Date 18-05-2025

Housing Society - Attached Balcony

This is a complex yet common issue in housing societies, especially in cities like Thane. Here's a detailed and structured explanation covering ownership rights, legal positions, defense points, and dos and don’ts for all parties involved.

1. Ownership of Attached Balcony / Attached Terrace

A. Balcony / Attached Terrace Ownership:

• General Rule:
  If the attached terrace or balcony is part of the approved building plan and is shown as exclusive use or part of the flat in:

  • The Agreement for Sale, and

  • The Occupancy Certificate (OC) or building sanction plan,

  then it is deemed to be under the exclusive possession विशेष ताबा of the flat owner.

• However, even if for exclusive use:

  • The structural slab and outer walls remain common property.

  • The Society retains regulatory control under bye-laws and for structural safety.

B. Property Tax Payment:

• If the flat owner is paying property tax for the terrace/balcony space (as part of the flat’s built-up area), it strengthens their claim of exclusive possession, but:

  • Tax payment alone does not confer ownership, especially if it's a common area as per society’s sanctioned plan.

2. Common Area Accessed Only Through a Flat

If the terrace or area:

• Has no independent access (e.g., only accessible from a particular flat),

• And society needs ladders to access it,
  then functional control is with the flat owner, but legal ownership and regulatory oversight may still rest with the society, especially if:

• It is not marked “exclusive use” in the plans or agreement.

• Other members are affected (e.g., garbage falling from above flats).

3. Scenario Analysis

Issue: Flat owner erected a shed on an open terrace to protect from garbage thrown from above, society objects.

A. Flat Owner's Defence Points:

1. Health & Safety:
   Garbage from above creates hygiene and safety issues; shed is a protective measure.

2. Exclusive Access:
   Terrace is accessible only from this flat — society cannot claim it as a functional common area.

3. Tax & Possession:
   Paying property tax and maintaining it shows de facto possession.

4. No Damage to Structure:
   The shed is temporary, not affecting structure or waterproofing.

5. Preventing Nuisance:
   Right to peaceful and hygienic use of their property under Article 21 (Right to Life).

B. Society's Defence Points:

1. Structural Modification Without Approval:
   Any shed or alteration in external structure violates bye-laws and requires prior society approval.

2. Violation of Uniform Aesthetics:
   Unauthorized sheds affect external appearance and resale value.

3. Common Property Doctrine:
   Terrace slab and air space above are common areas under Model Bye-law 3(xxiv).

4. Setting Precedent:
   If one member is allowed, others may follow, leading to chaos.

5. No NOC / Approval Taken:
   Society has authority to prevent unauthorized construction (even protective sheds).

4. Legal References

• Model Bye-law 3(xxii): Open terraces not allotted for exclusive use are common property.

• Bye-law 169(a): Structural alterations require written permission of the society.

• MCGM / Local Authority Norms: Permanent sheds or roofing over terraces may need municipal permission.

5. Pros and Cons

✅ 6. Do’s and Don’ts

For Flat Owner (with attached balcony/terrace):

Do’s:

• Check if terrace/balcony is marked as “exclusive use” in your sale deed.

• Take prior written permission before making any modifications.

• Keep the structure temporary and non-intrusive.

Don’ts:

• Don’t install permanent structures without municipal/society approval.

• Don’t block water drainage or common plumbing lines.

• Don’t assume tax payment equals ownership.

For Society:

Do’s:

• Check original building plan and society records before claiming ownership.

• Issue notices legally and with specific clause references.

• Take up complaints from affected residents promptly.

Don’ts:

• Don’t forcibly remove structures without due process.

• Don’t ignore recurring nuisance issues (like garbage from above).

For Above Living Members:

Do’s:

• Keep balconies clean and install nets or trays to prevent things from falling.

• Be mindful of behavior affecting lower flats.

Don’ts:

• Don’t throw garbage, water, or debris onto terraces below.

• Don’t install flower pots or drying stands that drip down.

Conclusion

• If the terrace is in exclusive use with documented proof, society cannot object unless structural rules are broken.

• If it’s a common area, any construction — even for protection — requires approval.

• Both the flat owner and the society must act within the legal framework, promoting safety, cleanliness, and harmony.

  =================================================================================

  Flat Owner’s Application to the Society

  To  

  The Secretary  

  [Name of Housing Society]  

  [Address]  

  Thane – 400606  

  
  

  Date: [Insert Date]

  
  

  Subject: Application for Permission to Erect Temporary Shed on Attached Terrace

  
  

  Dear Sir/Madam,

  
  

  I, [Your Full Name], residing at Flat No. [Flat Number], [Wing/Building Name], am writing to formally request permission to erect a temporary shed/covering on the open terrace attached to my flat.

  
  

  The said terrace is accessible **only from within my flat** and is being used by me exclusively since the date of possession. The same is also reflected in my **Agreement for Sale**, and I have been regularly paying property tax which includes the terrace area.

  
  

  Due to persistent issues with garbage and waste being thrown from the above balconies — despite repeated verbal complaints — the space has become unhygienic and unusable. As a safety and health precaution, I propose to install a **temporary and non-permanent shed** that does not obstruct drainage, structural elements, or alter the building's external façade.

  
  

  I assure you that the structure will:

  - Not be permanent in nature.

  - Be installed in a manner that does not cause damage to any part of the society’s structure.

  - Be removed or modified, if found objectionable or non-compliant with local municipal rules.

  
  

  I request the managing committee to kindly consider this application sympathetically and grant me the necessary No Objection Certificate (NOC).

  
  

  Thanking you,

  
  

  Sincerely,  

  [Signature]  

  [Your Full Name]  

  Flat No. [XXX]  

  Mobile: [XXXXXXXXXX]  

  Email: [your@email.com]

  =================================================================================

  Housing Society’s Objection Notice to Flat Owner

  To  

  Mr./Mrs. [Flat Owner’s Name]  

  Flat No. [Flat Number], [Wing/Building Name]  

  [Housing Society Name]  

  Thane – 400606  

  
  

  Date: [Insert Date]

  
  

  Subject: Notice Regarding Unauthorized Structure on Terrace Area

  
  

  Dear Sir/Madam,

  
  

  This is to bring to your notice that the managing committee has observed the **unauthorized erection of a shed/covering** on the terrace area attached to your flat without obtaining prior approval or No Objection Certificate (NOC) from the Society.

  
  

  As per the **Model Bye-laws** of the Society and in accordance with provisions of the **Maharashtra Co-operative Societies Act**, any alteration or construction on the external façade, terrace, or structural areas of the building requires **prior written approval from the Society and, if applicable, municipal authorities**.

  
  

  Please note the following concerns:

  1. The structure appears to be permanent in nature and may pose a risk to the structural safety of the building.

  2. No formal application was received from your side seeking permission.

  3. It may set a precedent for unauthorized modifications by other members.

  4. The terrace slab and outer elevation are part of the society’s common property under Bye-law 3(xxii).

  
  

  You are therefore requested to:

  - Submit your explanation in writing within **7 days** of receipt of this notice.

  - Remove the unauthorized structure failing which the society may be compelled to take appropriate legal steps including reporting the matter to the Deputy Registrar and Municipal Corporation.

  
  

  We request your cooperation in maintaining the structural and legal integrity of the society premises.

  
  

  Thanking you,

  
  

  Sincerely,  

  [Signature]  

  Hon. Secretary  

  [Name of Housing Society]  

  Thane – 400606  

  Mobile: [Society Contact Number]  

  Email: [society@email.com]

  =================================================================================

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  Last updated: 18/05/2025

  
  

  
  

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