Selling roof right is legal or not
8 months ago
I have a flat in vipin garden extn Uttam Nagar. It has 8 flats. Builder has sold the roof rights to the 4th floor occupants. My sale deed gives me right to check water tank and dish tv. Now I found that it's not legal to sell roof rights. Can I file case against builder and what is the possibility that roof can be made common. 4th floor occupants hold only power of attorney no registry.
A.Dear client,
In the absence of consent/NOC from all resident owners of the Building, as well as an agreement to sell or deed of transfer, the Builder cannot sell the rooftop or terrace to any flat owner. For redress of your problem, all flat owners can file a complaint against the Builder before the Municipal body that approves the Building Plan and the Dist. Consumer Protection Council, which is established under the Consumer Protection Act and is chaired by the Dist. Magistrate. Even if the project is not registered under RERA, you may file a complaint with the RERA.
In the absence of consent/NOC from all resident owners of the Building, as well as an agreement to sell or deed of transfer, the Builder cannot sell the rooftop or terrace to any flat owner. For redress of your problem, all flat owners can file a complaint against the Builder before the Municipal body that approves the Building Plan and the Dist. Consumer Protection Council, which is established under the Consumer Protection Act and is chaired by the Dist. Magistrate. Even if the project is not registered under RERA, you may file a complaint with the RERA.
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A.Dear Client,
Floor owners of the building got both land and roof rights collectively. The rooftops of the Building are also known as an open terrace and a part of the common area useable by all the floor owners of the building. Builder cannot sell the rooftop or terrace to any flat owner in the absence of consent/NOC of all the resident owners of the Building and also in the absence of agreement to sell or deed of conveyance. All the flat owners can jointly file a complaint against the Builder before the Municipal authority that passes the Building Plan and the Dist. Consumer Protection Council constituted under the Consumer Protection Act and headed by the Dist. Magistrate for redressal of your grievance. You may also escalate your grievance before the RERA even if the project is not registered under RERA.
Floor owners of the building got both land and roof rights collectively. The rooftops of the Building are also known as an open terrace and a part of the common area useable by all the floor owners of the building. Builder cannot sell the rooftop or terrace to any flat owner in the absence of consent/NOC of all the resident owners of the Building and also in the absence of agreement to sell or deed of conveyance. All the flat owners can jointly file a complaint against the Builder before the Municipal authority that passes the Building Plan and the Dist. Consumer Protection Council constituted under the Consumer Protection Act and headed by the Dist. Magistrate for redressal of your grievance. You may also escalate your grievance before the RERA even if the project is not registered under RERA.
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