Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I have the following legal queries regarding roads within gated communities.

What are the laws governing gated communities?

Are they allowed to construct a compound wall?

– Are roads in a gated community registered as a gift deed in favour of the local body?

– Who is empowered to maintain the road, provide street lights, manage underground sewage systems, construct storm water drains and collect garbage?

P. Viswanathan

Chennai

A gated community would come under ‘Group Development’ of the Development Control Rules of CMDA (if within their limits) wherein the building plan for multiple blocks gets approved taking the entire land as one unit. In such cases, the complex can be compounded and internal passages/roads can be kept private. The maintenance and upkeep of these roads and related facilities would be the responsibility of the association of owners. The adjacent property owners cannot insist on these private roads be extended to their plots or their abutting roads.