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Can basement be put to commercial use in a builder floor?
13-Jul-2023 (In Civil Law)
We have 6 flats in a builder floor along with basement. People bought these flats when the building was constructed in 2000s. Since then some people have sold their flats to others. Over time a single person has bought both units of ground floor and has claimed the basement area as well for his personal use. Stating that just like roof rights in any building, he has acquire basement rights from the previous owners. He has now converted the basement into an office and given it on rent. I want to know, if the basement could be sold like this to one person? Or do ground floor owners have exclusive right on basement because of their ownership of ground floor? Can it be put on rent for commercial purpose if the property is on notified commercial street? Are these things legal? These offices are encroaching on all the common areas. We need some recourse against them. Please help.
Dear Sir/ Ma'am,
Ground floor owners do not have exclusive right to basements as a default. Unless the basement or the right to build a basement is specifically sold to a person, no one can claim exclusive rights over it. Such places can be used commercially only if the requisite permissions or license is taken from the authorities and also depends on the nature of property. For usage of a property commercially, several clearances are required and residential properties cannot be used commercially.
Kindly revert in case you wish to discuss this issue further
Ground floor owners do not have exclusive right to basements as a default. Unless the basement or the right to build a basement is specifically sold to a person, no one can claim exclusive rights over it. Such places can be used commercially only if the requisite permissions or license is taken from the authorities and also depends on the nature of property. For usage of a property commercially, several clearances are required and residential properties cannot be used commercially.
Kindly revert in case you wish to discuss this issue further
Helpful?
Adv. Sampanna Pani
Delhi | 25+ Answers
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Hi,
In this case, what becomes important is the builder buyer sale deed. If the ground floor deeds contain transfer of basement rights to the owner of the ground floor units, then he would have exclusive rights. If on the other hand the basement rights have not been mentioned in the sale deed, it would entail proportionate rights of all floor owners. As far as commercial activities go, it depends on whether the offices are exempted (eg. offices of lawyers and chartered accountants can be situated in residential areas)
Please feel free to contact me for any further queries/assistance
In this case, what becomes important is the builder buyer sale deed. If the ground floor deeds contain transfer of basement rights to the owner of the ground floor units, then he would have exclusive rights. If on the other hand the basement rights have not been mentioned in the sale deed, it would entail proportionate rights of all floor owners. As far as commercial activities go, it depends on whether the offices are exempted (eg. offices of lawyers and chartered accountants can be situated in residential areas)
Please feel free to contact me for any further queries/assistance
Helpful?
Adv. Kunal Srivastava
Delhi | 100+ Answers
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