Who has right to use roof top of multistory building

legal-path.com gets several queries on the right to use roof top of multistory building. We also get a lot of queries on the right to use and maintain the roof top in a Co-operative Group Housing Society building.

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IN CASE OF A MULTISTORY BUILDING OR A CGHS, WHERE UPPER FLOORS ARE GIVEN BALCONY OR SPACE OF ROOF OF THE LOWER FLOOR.

This situation takes place where the Ground Floors are HIG Flats and 1st, 2nd, 3rd & 4th Floor are smaller than HIG flats. Because the area of the flats above Ground is lesser they get space above the roof of their lower floor flat for use as Balcony.

In this situation, Ground Floor flat owner is free from maintenance of roof. 1st, 2nd and 3rd Floor owners have to maintain the roof of their lower floor flats as their balcony. Top or 4th Flat owner is required to maintain the balcony or roof of his lower floor flat and roof of his own flat also.

The RWA or the Residents Welfare Association or Apartment Owners Association or AOA will resolve the disputes in case the problem comes due to a particular flat owners refuse to maintain or have their locked flats & no one is living in it.

IN CASE OF MULTISTORY BUILDING OR CGHS WHERE BALCONY ARE INDEPENDENT OF LOWER FLOOR ROOF.

This situation takes place where all the floors have their built-in space of rooms & toilets etc. above the lower floor flats and balcony is separately built for each flat.

In this situation all the flat owners are required to maintain their own balconies and no one maintains his roof. The roof of flat on top will be maintained by the CGHS or RWA or AOA.

WHOSOEVER HAS THE RIGHT TO USE, HAS THE LIABILITY TO MAINTAIN IT.

IN CASE OF ANY APARTMENT HAS CONTINUING DISPUTE THEY CAN APPOINT US THEIR ARBITRATOR AND GET THE DISPUTES RESOLVED AMICABLY & BY LEGAL MEANS

LEAVE A REPLY BELOW IN CASE OF ANY QUERY OR ASSISTANCE REQUIRED

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36 Comments

  • Dhiren Chauhan says:

    Dear Sir, I have bought a barsati on the top floor of a building with terrace. I also have the roof-rights above my barsati and the adjoining flat. Now the society is asking for a maintenance cost of the terrace at 50% of the rate set for all the flats on per square feet basis of covered area. My questions are :- Am I not supposed to maintain the terrace myself and not pay for any maintenance charges? Also is there any precedence for trying to charge 50% of the maintenance cost? I have bought the flat from the builder and he was paying nothing earlier. Roof has storage tanks and TV discs. Now can I charge them maintenance cost for maintaining the roof or should they maintain the roof as long as they use the roof, without infringing on the my roof-rights. There is also an access to the roof which is being used by others for drying clothes. Can I restrict their usage as they infringe on my roof-rights and also my privacy. What is the normal rate for a barsati on a square-foot basis?

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  • Disha Patel says:

    Hi, We are living in an apartment in Dwarka, New Delhi. We own the top floor apartment in the building. Recently, we observed our rooftop is having some cracks and demanded repair which the society arranged for us. But now they demand us with the money for repair. Quoting rooftop as a common area, we got the answer that rooftop means the upperside (as in the roof where people stand) is the common area but the lowerside of it (the ceiling in our house) is not. I wanted to know what does the law say about this. Are we supposed to maintain the ceiling even when it is damaged because of cracks in the rooftop of the building or not ? Thanks

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  • Nazneen Mody says:

    Hi, we own an apartment in Navi Mumbai. Ours is a 25 yrs old building having only ground plus three floors, where we live on the top most third floor. Earlier we used to have free access to the terrace of the building, where my father in law had kept some flower pots on our side of the terrace. Recently, the society has decided to lock out the terrace and not allow the residents to use the terrace at all. My in-laws are old and our building does not have a lift, so its very difficult for them to climb up three stories every time they want to go out for some fresh air. Terrace was the only place they could get some fresh air. Please state what the law states in this matter. Does the committee of the society have the right to make the terrace inaccessible for the residents ? Is having flower pots on terrace illegal?

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  • Rajeev Joshi says:

    Dear Sir,
    I own a top floor 2 BHK flat in a building in west Delhi. This building is not a part of any society. These are referred to as builder flats. I have roof rights. The building has 3 flats (2 2BHKs and 1 3BHK)on one floor and it has 3 floors. When the building was constructed the water tanks were kept on respective roof tops. i.e. tanks for 2 BHKs were on the roof top of 2 BHKs and that for 3 BHKs were on the roof top of 3 BHKs. There’s a common staircase that gives access to the roof tops and flats. The owner of the top floor for 3 BHK was the first one to purchase a flat in this building. Taking advantage of this, he got the tanks kept on his roof top to the ceiling (momty) of the staircase and closed it for other occupants. My questions are :
    1) Is he legally allowed to do this. Upon confronting, we were told that as nobody objected while doing so, he took permission of the builder and moved the tanks. Here nobody could have objected as all the other flats were vacant and nobody was there to object.
    2) We are in the process of putting up a large fresh water tank on the momty and hence we need to have the existing tanks removed so that the strength of the momty is not compromised. When asked to move the tanks to his roof top, we were told that he has used the common space and has not encroached anybody’s right and that he had paid Rs 45,000 to have the set up done. My question is : Can the other flat owners legally force him to move the tanks to his roof.
    3) Can he legally use that common area for his benefit without consulting other flat owners?
    Please advise.

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  • Rajeev Joshi says:

    Thank you for your advise..

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  • satish says:

    I am owner of a flat at top floor in a society. President of society has allowed a phone company to raise tower by getting signs of other residents but construction is on part of roof of my flat and he has not taken my consent. What is my right on roof top of my flat

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  • Dipal says:

    Dear Sir, I am owning 2BHK flat at Bangalore, having flat at 3rd (top) floor, where terrace is above my flat. Terrace has lots of cracks and it’s not in shape, but committee asking we need to check whether we have to bear expense or you, as per law we need to find out. I don’t know any law or rules as per act, so please suggest me how and what shall I reply to committee ?

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  • sanjay says:

    Dear Sir, i am staying in group co-operative housing society in west delhi. Although land was leased from DDA but not built by DDA. my block co residents like to install lift in our block for which society has no objection and agreed members are more than 50%. Do i have to take permission from dda before installation or just to intimate them ?

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  • sumit says:

    dear sir. i have a builder floor in ghaziabad since 2010. we got the apartment registered and got roof rights as power of attorney. at that time registering roof rights were optional which is not the case now. can builder revoke power of attorney in future citing reasons that invalidates power of attorney. if we agree to register roof rights now, will the builder (as seller) have tax liability for transaction?

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  • Francis Rajasekar says:

    Dear Advocate Sir,
    I am living in a 4 floor MIG DDA flat in Mayur Vihar pocket 1. The top chath has the water tank of all the flats of the
    A, B,C & D example 13 A, 13 C and 13 D flats along with the placement of cable dishes. Now the top floor person viz 13 D owner has closed the entrance gate of the Chath and is up to start construction of a full room of the size of his flat, disrupting the original placement of the water tanks, entry to clean them and also to repair the cable dishes in case of need.

    Legally, there is no indication in the allotment letter to any of the flats of the top floor that the Chath belongs only to them and it is felt that it is a common place for all the 12 Flats on the left size and 12 flats on the right side.

    Could you please give in your legal comment on this?
    Thank you
    Francis Rajasekar,

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  • We see that lot of people park their cars wrongly in the society. Does RWA/AOA or estate office have powers to deflate the tyres? Will it not come under damaging property by an authority which is though registered RWA or Estate Office but still not a law agency like police. Can that defaulter file a case against RWA or EO that he should have been fines or given notice but no deflation. What rules or punishment can RWA give to any any pet policy or parking/ speeding rule violators?

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  • Dev says:

    Sir we have a commercial building in panchkula (haryana). building is fully constructed upto 2nd floor. we are the owners of ground and basement only. other who is the owner of 1st and 2nd floor is not allowing us to install a cable dish on the roof top, saying that “person owing 1st and 2 nd floor is only the owner of roof top”. Sir, cable dish is to be installed to an open sky, so what shall we do ?

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  • s sinha says:

    The secretary of residents welfare association of our complex is not allowing drilling hole in terrace wall for installing a dth antenna. Not even providing as per what rules he is not allowing. How to proceed?

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  • PUSHKALAN says:

    Sir,
    We have a Tamil nadu housing board flats (HIG )Type and Occupired in top floor.
    Last few years we are facing the issues with top sealing (Roof sweapage)leakage due to all drinking water tanks placed to top roof and water quality always as salty,And the same message was highlighted to association meeting.Even though no body is taking the responsibility including association precidents and they are telling association is not responsibility to rectify the sweapage
    In order that we have asked to remove all the water tanks from the roof and we will take the responsiblity to repair the roof and here after nobody will come and enjoy with ownership for roof .
    So please review the above message and give the valuable advise to take further action .

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  • Manish Oliver says:

    Dear sir,
    Please help! I am leaving in a Builder flat there is 4 stories – I am owner of ground floor (1 room set) with all facilities like kitchen, bathroom, toilet with all fixture and fittings, after passing Delhi water connection in flats, I am also apply and sanction for the same. So, I want to separate water tank on terrace momty which is common, it is possible for me or not. Other flat owner not allowed for me for the same, in this circumstances what I do. Please give your valuable suggestion.
    Thanks

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  • Willing Thumra says:

    Sir,
    I am a student living in the top floor of a rented room. This room built on the terrace has a lot of empty space starting from the staircase to my room. The problem is that while I assumed this would be my private balcony, tenants from below comes up to dry clothes, bask in the sun etc . The children who comes up with their parents make noise and also we face problems with drying clothes. There have also been instances where people have lost laptops and other gadgets . I have talked about this affecting not only my privacy but also security with the landlord but he. Replied saying the terrace is common for all. However it is not very reasonable for someone to bear the heat of Delhi’s summer on the top floor just so one can have the terrace to oneself only to be shared with people from the ground floor. Also considering the maintenance and cleaning of the terrace is solely taken care of by the one living in the top floor . .. So is there any rule which says the ownership of the terrace is to be claimed by the tenant of the top floor?

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  • pramod sati says:

    Sir, I have purchase a flat I pandav napar East Delhi I fourth floor in a colony. This building is constructed by some builder 3yrs back The owner of the plot who build this property is living in the first floor. he has locked the door of roof.H says that he has only the rights to use the roof .Is he correct. Also he does not possess the registry of the plot .he has power of attorney.

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  • Arshad says:

    Who use third floor roof. Ghaziabad development authority alloted flat.
    What is the provision of water tank ground floor allotty.

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  • Nitesh says:

    Sir we have 3 floors including a baby flat and we live on 3rd florr having roof right so we need to ask that do we have enough authority to make a room and washroom without any ones permission?

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  • RAVI KANT says:

    Sir undersigned purchased a flat with the roof right and papers are made with the same quote. Sir I need to know that whether I can built an extra floor on the roof. The height of the apartment would be within the limits of the development authority(after adding of that extra floor). & the structure strength is capable to hold that extra floor as the structure strength test was conducted and papers are also available. So sir can you clarify the following doubts of the undersigned
    1) Do I need the consent of all the residents of the building before the building of the floor.
    2) what papers would be required to built that extra floor.

    Sir, You are kindly requested to advise the undersigned on the above said issues and it would be highly appreciated of you for doing so.

    Regards,
    Ravi Sharma

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  • Pramod Bahl says:

    Sir, I am a owner of the 2nd flr with roof rights on South Delhi. it has very clearly been mention by the builder in sale deed that other co-owner shall not object to construction of the 3rd flr. In such a case do I need a NOC from the co-owners. Pls advise.

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  • Devesh says:

    own 2nd floor which is a builder flat ,the top floor owner is preventing me to put outdoor unit of split AC on roof citing that he has the roof right.
    Can someone give me clarity in the usage of roof by other occupants of building as sales deed or agreement does not give any clarity on AC outdoor unit.

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  • M.R says:

    Hi well I had own land and I made building there is 30 flat. I took 3 flat and sold all the flat. I just want to know foor is main or not.

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  • M.R.Rayees says:

    I had my own land and I made 30 flat.I took 3 flat and sold 27 flat. I want to roof is main or not.

    Thanks

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  • Vishal Kapoor says:

    Hi,

    I am a resident of DDA flat K block saket where there is 2storeys flat with roof right to top floor allottee. I m owning the second floor, the ground floor lady wants to construct her room for servant on top floor and makes false comments to police that we don’t allow her to see tanks.
    She sends gunda kind people and also she gives dhamki of taking action. We never said no to her plumber but now for no reason or say Ego she says give me a key.

    I have 20years old room on terrace for which I pay taxes. She is now saying if you don’t give me key or let me construct a room on terrace sp I will complain and get your room demolished.

    Please let me know that can it be demolished on a complaint????

    Regards

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  • Sankalp says:

    Who has the roof rights in DDA flats?

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  • Manu says:

    Need assistance on roof top of my floor which is being used by the ground floor occupant for keeping his waste causing seepage in my flat at top. Mine is CGHS .

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  • Shubham aggarwal says:

    Sir
    I am a resident of a builder floor(4floor with parking and roof)as per earlier situation roof right was with top floor owner but now he has sold his flat but not roof rights and as per he has now started constructing on the roof besides there is already a room and a lift room and a toilet .And now he started construction on the roof but not with bricks cement but with different material.but which has covered most of the roof.Is the construction on roof is legal and as per he has taken no one permission?where to file the complaint regarding this?
    Thank you

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  • ranbir singh says:

    sir i ranbir singh leave in dda flats sec a9 poket 4 flat no 214.second floor.our top floor holder says he hav a roof right so we can not use the top floor.i say him please see us roof right.but he not show any document and said go to dda and cheq.r this right.pls tell what can i do for this

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  • vandana says:

    can i maintain and repaire roof if i am the top floor owner . do i need any one’s permission for that . i am not locking the roof only repairing and getting it tiled to prevent my celling from linkage

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  • Rekha Mehta says:

    I have top floor flat in six storied apartment. A permanent water reservoir of dimension 5”7”3” has been constructed over my roof for by some of the other resident for puja purpose even after my opposition for fear of seepage. It is not in plan and our society is not registered.Non of the top floor resident have given consent.Is it legal? What should I do for its removal as society is favoring them being majority and in the name of puja.

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  • Rekha Mehta says:

    I am the top floor owner.
    1.Can other resident or society construct any sort of permanent structure which is not in the sanctioned plan without my consent above my roof?
    2. Do I require permission for tiling the roof floor of my portion to prevent seepage and lessen heat effect suffered by top floor resident?

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  • Naren says:

    Hi,

    I own 2nd floor in west delhi which is a builder flat under rwa,the top floor owner is preventing me to put outdoor unit of split AC on roof by saying that he has the roof right.
    Can someone give me clarity in the usage of roof by other occupants of building as sales deed or agreement does not give any clarity on AC outdoor unit. It says I have access for water tank, tv antina etc.
    If I have rights to place outdoor on roof then please suggest what should I do if he refuse.

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  • Naren says:

    Thanks for your kind reply sir,

    As per agreement I should have access to place water tank, tv antina etc.

    Just wanted to know does that ‘etc.’ Can be concerned Ac outdoor installation as well.

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  • prem choudhary says:

    i am resident of dda flat in dwarka sector -9.iam occupying 2nd.floor .top floor resident has locked the entry to top floor. but we have water tank on top flooras a common tanks are on top floor .do we have right to go and check our water tanks for supply of water.please suggest.

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  • Shweta Arora says:

    Hi, sir we own a 2bhk builder built flat in East Delhi not under RWA,we stay at 2nd floor, the building has 3 floors, roof is been owned by 3rd floor resident. Though in the property papers it has been mentioned that we can put water tanks. But, currently we had put TV dish antenna on the terrace and our neighbors (3rd floor resident) have disconnected it saying that we can’t put it on the roof. So plz tell do have the right to put dish or take any legal action against them

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