Who Gets Ownership of the Rooftop in NOIDA?
In bustling urban areas like NOIDA, where space is at a premium, the question of rooftop ownership has become increasingly relevant. With multi-storied buildings, apartment complexes, and high-rise societies, the rooftop represents valuable space for various uses—whether it’s for installing solar panels, creating green spaces, or simply enjoying an open terrace. However, determining who exactly owns the rooftop in a building can be complicated and is often governed by legal agreements, property laws, and building regulations.
Understanding Rooftop Ownership in NOIDA
In NOIDA, like in most parts of India, the ownership of a building’s rooftop largely depends on how the property is structured and the nature of ownership agreements between buyers and builders. There are two main scenarios where rooftop ownership is a matter of concern: in individual houses or villas and in multi-storied apartments or housing societies.
1. Rooftop Ownership in Individual Houses or Villas
In individual houses, villas, or independent residential units, the rooftop is considered part of the property. The owner of the house or villa has complete rights over the rooftop, just as they do over the rest of the property. This is straightforward since the homeowner has full control over the land and the structure built upon it.
The rooftop in these cases can be used for a variety of purposes, such as:
- Setting up a rooftop garden or terrace
- Installing solar panels
- Building additional floors (subject to local building laws)
- Creating recreational spaces
In such cases, there are generally no disputes over who owns the rooftop because it is part of the single-family property. However, homeowners are still required to follow building regulations and obtain necessary permissions if they plan to modify or extend the rooftop area.
2. Rooftop Ownership in Multi-Storied Apartments
In the case of multi-storied apartments or high-rise buildings, determining rooftop ownership becomes more complex. Since multiple families reside within the same building, the rooftop is considered a common area. The ownership of this space is typically shared among all the residents, as per the agreement made with the builder or housing society regulations.
In NOIDA, most apartment complexes operate under the Apartment Ownership Act or similar guidelines. According to these regulations, rooftops, along with other areas like staircases, lifts, and corridors, are classified as “common areas.” These common areas are co-owned by all the apartment owners, and their use is governed by the Residents’ Welfare Association (RWA) or the housing society.
The rooftop, in such cases, is generally used for:
- Common utilities such as water tanks or solar panels for the entire building
- Installation of communication towers or satellite dishes
- Community events or recreational activities (if allowed by the RWA)
In this scenario, no single individual or family owns the rooftop exclusively. Instead, it is collectively owned, and any decision regarding its use or modifications must be made by the housing society or RWA, keeping the interests of all residents in mind.
Legal Framework Governing Rooftop Ownership in NOIDA
The ownership of rooftops in NOIDA is influenced by a combination of laws and regulations, including:
- The Uttar Pradesh Apartment Ownership Act, 2010: This law lays down the rights and responsibilities of apartment owners in NOIDA and other cities in Uttar Pradesh. According to this act, the rooftop, being a common area, is owned jointly by all apartment owners unless specified otherwise in the sale deed.
- The Real Estate (Regulation and Development) Act, 2016 (RERA): RERA aims to protect homebuyers and ensure transparency between builders and buyers. Any dispute regarding rooftop ownership or common areas must be clearly defined in the builder-buyer agreement. The rooftop’s use should be mentioned in the deed, preventing any unauthorized use by either the builder or individual owners.
- The NOIDA Authority’s Building Bylaws: NOIDA’s municipal authority sets specific rules and guidelines for the construction and modification of buildings, including rooftops. These bylaws govern the permissible uses of rooftops and ensure that changes adhere to safety and legal standards.
Common Rooftop Ownership Disputes in NOIDA
Even with clear legal frameworks, disputes regarding the ownership and use of rooftops in NOIDA are not uncommon. Some of the most frequent issues include:
1. Builder’s Unauthorized Use
In some cases, builders retain rights to the rooftop or other common areas even after handing over the building to the residents. They may use the rooftop for commercial purposes, such as leasing it to telecommunications companies for installing towers, without the consent of the apartment owners. This can lead to disputes between the builder and residents, as the latter may feel deprived of their rightful ownership of the common areas.
2. Exclusive Use by Top Floor Residents
Residents living on the top floor may sometimes assume they have exclusive rights to the rooftop since it is directly accessible from their apartment. However, unless explicitly mentioned in their sale agreement, the rooftop remains a common area. Disputes can arise when top-floor residents attempt to block access to the rooftop or use it for personal purposes, such as building a private terrace or storage area.
3. Modifications Without Consent
In many societies, some residents may attempt to make modifications to the rooftop, such as adding extra rooms, sheds, or even additional floors, without obtaining proper permissions from the RWA or local authorities. Such unauthorized modifications not only violate building bylaws but can also lead to disputes over ownership and use.
4. Disputes Over Solar Panel Installations
With the growing popularity of solar energy, many residents in NOIDA are keen to install solar panels on their rooftops. However, since the rooftop is a common area, individual residents cannot install solar panels for personal use without the consent of the housing society. Some societies may install shared solar panels to benefit all residents, but disputes can still arise over the allocation of rooftop space for such installations.
How to Resolve Rooftop Ownership Disputes
If you find yourself involved in a rooftop ownership dispute in NOIDA, it’s important to follow these steps to resolve the issue:
- Review the Sale Agreement
The sale agreement between the builder and the apartment owners often outlines the ownership rights of common areas, including the rooftop. Ensure that your rights are clearly defined in this agreement. - Consult the RWA or Housing Society
In case of disputes over the rooftop, approach the RWA or housing society. These bodies are responsible for managing common areas, and any issues related to the rooftop should be resolved in a collective forum. - Legal Recourse
If the dispute cannot be resolved through discussions with the RWA or builder, you may need to seek legal assistance. A lawyer specializing in real estate or property law can help you navigate the legal complexities and ensure that your rights are protected. - File a Complaint Under RERA
If your builder is engaging in unauthorized use of the rooftop or failing to honor the terms of the sale agreement, you can file a complaint under RERA. This regulatory body is designed to address disputes between homebuyers and builders and ensure compliance with real estate laws.
Conclusion
In NOIDA, the question of who gets ownership of the rooftop largely depends on the type of property in question. For individual homeowners, the rooftop is part of their property, while in apartment complexes, the rooftop is considered a common area owned collectively by all residents. Understanding the legal framework and maintaining clear agreements with builders and RWAs can help avoid disputes over rooftop ownership. Whether it’s for solar panels, gardening, or community events, the rooftop is a valuable asset, and proper management is key to ensuring it benefits everyone equally.