Terrace rights, stilt parking and basement in a builder floor
Who owns the terrace and basement of a builder floor depends on the sale deed, not on custom. Stilt parking is usually allotted per floor, but only the deed makes the allotment yours. Check 3 areas in writing before you buy: the roof, the parking and the basement, each named in the deed.
· By Raghav Chopra, founder, in South Delhi real estate since 2010
Who owns the roof?
The roof or terrace belongs to whoever the deed says. In some buildings the top-floor owner holds the exclusive right to the terrace, and in others it is shared among all the floors. Raghav Chopra sees the top floor with terrace as a premium floor, which is why the right must be written down.
A verbal assurance that the terrace is yours is worth nothing at resale.
How is stilt parking allotted?
Stilt parking is the covered space at ground level under the building. It is usually allotted floor by floor, with one or more slots to each floor, and the deed or an allotment letter should name your slot.
Check that the slot is on the sanctioned plan, that the space is wide enough for your cars and that guest parking is clear.
Can the basement be sold separately?
It is usually sold along with the ground floor, which is how Ultra's basement and ground listing in Anand Niketan is offered. Whether a basement can be a separate unit depends on the sanctioned plan and the permitted use, so ask your lawyer.
A basement used for a purpose the plan does not allow can be a problem at resale or when you seek a loan.
What should the sale deed say?
The schedule of property should list the floor, the share of land, the right to the terrace if any, the parking slot and the basement, each with its dimensions or location. The deed should also state the use of common areas and the staircase.
Compare the deed with the sanctioned plan and with the building as it stands. Raghav Chopra reads both before you commit.
Terrace, parking and basement: what to check in the deed
| Area | Typical ownership | What to check in the deed |
|---|---|---|
| Terrace or roof | Top-floor owner or shared, as the deed says | Whether the right is exclusive, and any limits on building on it |
| Stilt parking | Allotted per floor | Your slot's number and size, and that it matches the sanctioned plan |
| Basement | Usually sold with the ground floor | Whether it is on the plan and what use is permitted |
| Staircase and common areas | Shared by the floors | Rights of access and who maintains them |
Practice differs from building to building. The sale deed decides your rights, so have your lawyer read the schedule of property.
Frequently asked questions
Does the top floor automatically own the terrace?
No. Ownership of the terrace is whatever the sale deed says. Some top-floor deeds grant exclusive terrace rights and some do not. If you are paying a premium for a top floor with terrace, make sure the deed grants that right in writing before you pay a token.
Is stilt parking included in the price of a floor?
Often a slot goes with the floor, but not always. Ask whether the slot is included, how many are allotted to your floor and whether it is named in the deed or in a separate allotment letter. If it is separate, ask what happens to it at resale.
Can I build a room on the terrace?
Not freely. Any construction on the terrace is subject to the sanctioned plan and the rules for the plot, and unauthorised construction can attract action and complicate resale. Ask the municipal rules and your deed before you plan one, and never rely on a seller's assurance.
Does a basement count as a floor in the price?
A basement is usually priced together with the ground floor as a basement and ground unit, and is often the highest priced option on a plot. Raghav Chopra puts the basement and ground triplex on a 500 sq yd plot in Greater Kailash at around Rs 22 Cr.
This is general information, not legal or tax advice. Confirm with your CA or lawyer before acting.
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