My new flat is 1200 sq ft, but 214 sq ft is listed as common area, including the balcony and passage. There are 3 flats on my floor, and mine is the largest. Our floor is L-shaped, with my flat on the corner. The front of my door has a common balcony, which is the bottom of the L. Can I claim exclusive rights to this balcony? If so, what portion? Can I install a grill to prevent others from using the area in front of my door, even though it’s common? It’s not a common passage.

Apni Law
Apni Law
Law Forum › Category: Property › My new flat is 1200 sq ft, but 214 sq ft is listed as common area, including the balcony and passage. There are 3 flats on my floor, and mine is the largest. Our floor is L-shaped, with my flat on the corner. The front of my door has a common balcony, which is the bottom of the L. Can I claim exclusive rights to this balcony? If so, what portion? Can I install a grill to prevent others from using the area in front of my door, even though it’s common? It’s not a common passage.
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Apni Law Staff asked 3 years ago

My new flat is 1200 sq ft, but 214 sq ft is listed as common area, including the balcony and passage. There are 3 flats on my floor, and mine is the largest. Our floor is L-shaped, with my flat on the corner. The front of my door has a common balcony, which is the bottom of the L. Can I claim exclusive rights to this balcony? If so, what portion? Can I install a grill to prevent others from using the area in front of my door, even though it’s common? It’s not a common passage.

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Best Answer

Apni Law Staff answered 3 years ago

You cannot claim exclusive rights to the common balcony, even though it’s in front of your door. Installing a grill to restrict access would be illegal and could be considered an encroachment on common area. While you may have more use of the balcony due to its location, all residents on your floor have equal rights to use the common area.

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