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Home > Experts > Property Law > Issue of Construction on top floor with roof rights??



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Issue of Construction on top floor with roof rights?? (Property Law)

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This query is : Resolved


Author : Anonymous

Posted On 20 January 2011 at 18:10

I have a top floor in Delhi(second floor)with roof rights,now third floor construction has been allowed.

But the owner of ground floor and first floor are not allowing me to construct, they say that originally the construction has been done for three floors only, the building may collapse etc. etc.(If I pay them,then they are ready to give me NOC for construction).


My query--should I pay them to take NOC for construction or is there some way out for me without paying them and getting the construction done?




Expert : Y V Vishweshwar Rao

Posted On 20 January 2011 at 18:46

Get it Certified by the Qualified Engineer that the Building Foundation Strength is for/ up to Four Floors and you have permission for construction in Fourth Floor and Originally You have rights from other GF & FF owners to construct top floor !



Expert : Advocate. Arunagiri

Posted On 20 January 2011 at 22:15

If you have obtained the rights from the seller, if the FSI is still available, you can go ahead with construction after getting the building plan approved by the authority.



Author : Anonymous

Posted On 21 January 2011 at 00:44

Arunagiri Sir,what is FSI?

And even if the Building plan is available,then also it is difficult to assume that the building is able to take the load of another floor.



Plz. clarify.....



Expert : Y V Vishweshwar Rao

Posted On 21 January 2011 at 08:31

FSI = Floor Space index



Expert : Y V Vishweshwar Rao

Posted On 21 January 2011 at 08:35

the Building Permission is issued to you - it is only after verification of the Old Building Foundation Strength and prosed building load- by the local body technical Staff / officer -

In case your GF & FF owners objects /disputes the same - as abundant caution get another technical Viability report from any Qualified independent Designs and Structural Engineer!


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