ranjit (self service) 15 September 2022

Construction on roof top on builder flat

Dear Sir,

I am reside in Delhi in a Builder Flat, which was in First Floor front side and the said flat I purchase from one Builder.. In the said building there is Two Flats in each floor i.e. total Eight Floors.

Now the person who stay on the Third Floor (Top Floor) Back side, he was constructed one Toilet in the Terrace. Is it legal ? As the said toilet not construct from earlier and after the said construction the whole building can be damage due to extra load or any other problem.

Can I get any help from legal procedure or any other options is available for removing the said toliet.

Please guide me and advise.

Thanks - Ranjit

Reply Follow

3 Replies

Sourav Das (Advocate Supreme Court of India) 15 September 2022

Issue legal notice through advocate, asking to remove the construction. Then file suit for mandatory injunction before civil court to demolish the toilet.

Generally these kind of matters are settled amicably after issuing legal notice itself. Do not worry.

Call or mail me for assistance.

Dr J C Vashista (Advocate) 15 September 2022

You are occupying first floor of the building whereas third (top) floor owner is stated to have constructed / added a "tiolet" on rooftop, does it affect your living / egress / ingress or title ?

Builder floors are rampant in Delhi, where neither provisions of Cooperative Societies Act nor Apartment Ownership Act nor Society Registration Act apply.

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR) 15 September 2022

Space in the roof is a common facility which is required to be utilised for common purpose. If there is Resident Welfare Association, you can take it up thru the said Association.