One of the popular housing units today is the builder floor. This provides you with two benefits — living in a residential society and enjoying privacy at the same time with exclusive access to the roof. If you want to invest in such a unit, you should learn more about the builder floor with roof and the rights of such homeowners.
See also: What is the difference between site, building and floor plans?
What are builder floors with roofs?
Residential units on independent floors in a multi-storey building are known as builder floors. As compared to traditional high-rise buildings, builder floors offer more space and privacy. They are also open to layout customisation by homebuyers (Strict conditions apply including not disturbing the building’s structure and the beam. Check with professionals before proceeding with it.). These come along with access to a private terrace or roof and may have amenities, such as private parking, swimming pool, etc.
Points to know before investing in builder floors with roofs
The most common dispute in a residential society is over maintenance, ownership, and responsibility, modifications made to the apartment and access to amenities. It is important to follow points mentioned below to avoid any trouble with your neighbours when you have a builder floor.
- Property sale agreement: Get the ownership rights of the builder roof and the responsibilities and usability associated in detail mentioned in the agreement.
- Compliance: The property should comply with the municipal body’s rules and regulations.
- Maintenance: It should be clearly mentioned in the property documents as to who will be responsible for the repairing and maintenance work.
What does RERA Act, 2016 say about builder floors with roofs?
To ensure fairness and equality with the development, the RERA Act, 2016 under Section 2(n) has categorised roofs, staircases, elevators, lobbies, fire exits, and common entrances of buildings as “Common Areas and Facilities”. Under the RERA Act, all property owners in a residential development have equal rights to use the common areas and facilities without any restrictions.
Legal steps over any dispute regarding builder floors with roofs
A builder floor with roof comes with a premium as compared to other properties, owing to its facilities. However, if homeowners face any dispute, here are some of the options that can be explored.
- Mutual decision
Talk to the party and arrive at a mutually beneficial decision.
- Negotiation
You can explore the alternative dispute resolution methods, such as negotiation with the other party. This can be done by roping in legal professionals.
- Consumer court
In case the first two points do not work, you can approach the consumer court.
Housing.com POV
Builder floors with roofs are a good option for people who want to stay in a community and enjoy privacy. However, it’s recommended to know all legalities involved before investing in a builder floor with roof as you may be sharing common space with others and there shouldn’t arise any problem.
FAQs
How do I know if I have roof rights while purchasing a builder floor?
Review the property documents, such as sale deeds and title documents. Also, check the building bylaws, which will specify if the buyer has exclusive rights to the roof or if it will be considered a common area shared among all property owners of the building.
What happens if the roof is a common area?
If the roof is a common area, its usability and maintenance will also be common.
What to do if there is a dispute over roof rights when you buy a builder floor?
In case of dispute over roof rights, go through the property documents. Have a word with the person concerned and try to solve the problem amicably. After exploring all options, if it remains unsuccessful, you can approach the consumer court.
What are the things you can do if you have roof rights?
If you have the roof rights, you can install a solar panel, have a terrace garden, or a mini temporary swimming pool, etc.
What is required to have a pleasant ownership experience?
Knowing your rights and responsibilities with respect to roof rights is crucial while buying a builder floor. This will help have a pleasant ownership experience.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
