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Roof top of multistoried flats building

Dear sir

1. Buildres make multistorey flats of say 3 or 4 floors and sell right of use of roof of building to top floor flat owner

2. Many servcies are also installed like Dish antenna , OH water tanks on such terraces or super structure on stairs going to roof.

3. These need regular access by other flat owners for srvcie and mainetenace

4. These roof tops are kept locked by top floor occupant.

5. This not only creates disputes but frequent inconveneince in case of urgent attending of water tank oor antenna



can these common arae like terrace of nbuilding be sold to another flat owenr in building

if servcies are installed on such roofs can top floor onwer lock or refuse to allow mainetence team?

what is legal posiution and what is solution

of ocurse there is RWA exisiting but says they have no right to intervene.


 6 Replies


Dear Rajendra Gupta,

Whoever is paying for it, has the right to lock it.  Thats for cases where a person who has already paid for owning the roof top.  In this case you have to request owner of roof top to lend you key, for cleaning tank.  Such expenses may be shared with respective flat owners to whose flat water goes from such tanks.


You are talking about dish.  That is not fixed on roof top, that can be easily fixed on the flat balcony.  So that problem wont arise.  If you want to pick quarell, you will tell that you want dish to be fixed on roof top only and would want to get keys of the roof top, maybe to just enjoy a drink or a fag or the view.


IT is dangerous place for children.  SO better the place is kept locked under security.


Like what you have imagined, roof tops of flat buildings dont have twenty thirty over head water tanks.  But at max 3 water tanks which supply water to entire building.  The maintenance of such will be done by building association or owner based upon agreement between him and the respective flat owners.

It appears that you just want to pick quarell and invite litigation.  In such case you may engage services of a arbitrator and file suit in court of Law.

This is for buildings with 40 flats +.

For two or three floor building, it is less troublesome.  But that depends on the person.  If you want quarell, you can pick quarell anywhere.  Again for such people only we have things called as Courts isnt it?


Thanks for your reply.

First if I wanted to pick quarel I wont have sought your opinion on this etmeed forum of experts

secondly I have asked for lefgal opinion of position of law as i was told by a local dealer of property that some high courts passed law that common areas cna tbe sols by cuilder and roof top is also common arae. Only terrace inside flat or made such as for exclusive use of flat and attched to it can be sold.

In my case there is tank for each flat separately 8 tanks on each terrace.The builder has not provided any separate approach but through these roof tops only.

So i wanted opinion in conetxt of position of law and facts

Many times emergencies take place and top floor occupant is away and house is found locked even for day or more. Water is also a esential servcie and need immediate attendance

Since RWA exists should not the possession and maintennace of such areas be with RWA like other common property

I hope you will add more to your ind sugestions





As you state you are living in one such building.  Dont go legal way. Go adjustment way.  Find a alternative way to the problem at hand.  One should not think of legal measures for every petty thing.  Already our courts are over burdned with unwanted cases, and the great speed in which they perform is world known fact.  How you find amicable solution to the matter is left to you.  My advise is dont approach court.  IF it is so troublesome find a single house and move out.


Did I say to go to court I am saying what is legal position.i.e.facts in eye of law.Litgaiton and  position in law are difefrent. This helps to understand issues better. It was builders mistake and greed to sell roof top without giving indepent in stair case top and a iron ladder

Kishor Mehta (CEO)     25 March 2017

Sir, Common areas exclusively belong to the society, builder can not sell these. A terrace or roof is said to belong to a flat only if the approach to it is exclusively through the flat. Good luck, Kishor Mehta

Rk Gupta   23 June 2022

for installation of solar panels for electricity to energise common area facilities of society.

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