Himanshu 16 June 2020

Roof rights in commercial building

Who owns the roof rights in a commercial building? The landowner, the builder or the new owners who bought the shops?

Quick Summary

The ownership of roof rights in a commercial building typically rests with the landowner, builder, or the society that owns the structure. Unless specified otherwise in agreements like Joint Venture/Development Agreements or purchase deeds, the roof is generally considered a common area accessible to all. The specific terms outlined in these legal documents will ultimately determine who holds the rights.

4 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 16 June 2020

Originally posted by : Himanshu
	Who owns the roof rights in a commercial building? The landowner, the builder or the new owners who bought the shops?...Roof is usually the common area of a building which is accessible to all for common purpose until and unless in the Joint venture / Development Agreement between the Land Owners and the builder as well as in the Purchase Deeds of the new shop owners,it has been specified otherwise.