What Counts as Common Area
| Space | Common Area? | Who Controls |
|---|---|---|
| Entrance lobby | Yes | Society — all residents have right of access |
| Staircase and corridors | Yes | Society — cannot be blocked or encroached |
| Lifts and lift lobby | Yes | Society maintains; all residents have right to use |
| Building terrace/roof | Yes — unless deed grants exclusive rights | Society — penthouse owners cannot claim exclusive terrace rights without deed provision |
| Parking (open/stilt) | Common area — cannot be sold by builder | Society allots; cannot be permanently sold to individual |
| Clubhouse and gym | Yes — amenity space is common area | Society manages; all members entitled to use |
| Exclusive balcony | No — exclusive to specific flat | Individual flat owner — not common area |
| Utility shaft / pipes | Yes | Society — maintenance responsibility |
RERA and SC Protection of Common Areas
Key Legal Protections for Common Areas
- Cannot be sold: RERA explicitly prohibits builders from selling common area parking, terrace, or other common spaces to individual buyers
- Must be handed over: Builders must hand over common areas to the registered society — cannot retain for commercial use
- Clubhouse not commercial: Builder cannot convert clubhouse or common areas to commercial purpose after handover
- Visitor parking: Visitor parking is common area — cannot be permanently allotted to any individual resident
- Encroachment action: Society has right to act against any member encroaching on common corridor or lobby
Related Terms
Frequently Asked Questions
Common area includes all spaces shared by all residents — entrance lobby, corridors, staircases, lifts, parking, clubhouse, gardens, and terrace. Common areas are owned collectively by all flat owners through the housing society and maintained from monthly maintenance charges. Under RERA and Supreme Court rulings, builders cannot sell common areas to individual buyers.
Common areas are owned collectively by all flat owners — each owner has a proportionate undivided share in the common areas corresponding to their UDS (Undivided Share). This collective ownership is held through the housing society or HOA after the society is formed and the builder transfers (conveys) the common areas to the society.
No. RERA and Supreme Court rulings prohibit builders from selling common area parking, terrace, or other common spaces to individual buyers. A specific numbered parking slot that is part of a flat's exclusive allotment (mentioned in the sale deed) can be sold as part of the flat. But general parking areas in stilt, basement, or open areas that are common property cannot be individually sold.
No — unless your sale deed specifically grants you exclusive terrace rights (e.g. top-floor duplex with defined exclusive terrace area). In all other cases, the building terrace is common area — accessible to all residents for common use. Even top-floor flat owners cannot claim exclusive terrace rights without an explicit deed provision. The society manages access and use of the terrace.
The housing society or HOA is responsible for maintaining all common areas — lobby cleaning, lift maintenance, garden upkeep, corridor lighting, and repair of common plumbing. This is funded through monthly maintenance charges collected from all flat owners. If the society neglects common area maintenance, members can raise it at the AGM, file a complaint with the Registrar of Co-operative Societies, or approach the civil court.