Ans: As per Section 2(n) of the RERA Act, 2016:
"Common areas" means:-
• The entire land for the Real Estate Project or where the project is developed in phases and registration under this Act is sought for a phase, the entire land for that phase.
• The stair cases, lifts, staircase and lift lobbies, fire escapes, and common entrances and exits of buildings
• The common basements, terraces, parks, play areas, open parking areas and common storage spaces
• The premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staffs or for the lodging of community service personnel
• Installations of central services such as electricity, gas, water and sanitation, air-conditioning and incinerating, system for water conservation and renewable energy
• The water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installations for common use.
• All community and commercial facilities as provided in the Real Estate Project.
• All other portion of the project necessary or convenient for its maintenance, safety, etc., and in common use.
A terrace, a play area, a garden, a community hall, a stairway, and elevators are all shared areas and have to be made accessible to all the apartment-owners without any ownership issue. As any repair, replacement and maintenance cost of such common areas needs to be borne by all the flat owners jointly, likewise, any income or profits arising from the use of such common areas have to be distributed equally among all the Flat owners.
Though, it has been seen that many builders and developers are selling common area rights on payment which is an illegal practice.
It is indefensible in the eyes of law where one resident gets the right to use the rooftop to the disadvantage of others. If residents take a legal action, both the developer and the offending buyer could be in trouble.
It ought to be noted that neither the developer nor the society management will prohibit the usage of the common areas within the society.
Section 19 of RERA Act, 2016, gives the right to the Allottee to claim possession of the common areas of the project in accordance with the declaration given by promoter under sub-clause (C) of clause (I) of sub-section (2) of section 4.
In case if the Developer prohibits the usage of the common areas to the Buyer, then he can file a complaint against the developers or builders by approaching the Consumer Forum or can complain against the society office-bearers with the Registrar of Societies. Moreover, residents may also file a civil suit in a court of law.