Penthouse in Multi-storied building is Legal/illegal

In India, penthouses—luxurious units situated on the top floors of multi-storied buildings—are legal provided they adhere strictly to local building regulations and obtain the necessary approvals.

When Is a Penthouse Legal?

A penthouse is considered legal if:

• Approved Building Plan: The construction is part of the sanctioned building plan approved by the local development authority.
• Compliance with Zoning Laws: It adheres to the Floor Area Ratio (FAR), height restrictions, and other zoning regulations.
• Terrace Rights: The builder has explicit rights to construct on the terrace, and this is documented in the sale agreements.
• Common Area Consent: If the terrace is designated as a common area, all co-owners have provided consent for its exclusive use.
• Occupancy Certificate (OC): The building has obtained an OC, confirming that the construction complies with the approved plans and is fit for occupancy.

When Is a Penthouse Illegal?

A penthouse may be deemed illegal under the following circumstances:

• Unauthorized Construction: Built without approval or beyond the sanctioned plan.
• Encroachment on Common Areas: Constructed on terraces designated as common areas without consent from other co-owners.
• Violation of Building Codes: Exceeds permissible building height or FAR limits.
• Lack of Occupancy Certificate: The building lacks an OC, indicating non-compliance with approved plans.
• Post-Registration Additions: Constructed after the initial building registration without necessary approvals.

For instance, in Jaipur, the Jaipur Development Authority (JDA) initiated action against penthouses constructed without approved plans, emphasizing the importance of adhering to sanctioned layouts .