Issue of Construction on top floor with roof rights??

Issue of Construction on top floor with roof rights?? - Property Law Experts Queries - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers

Question---Answers

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

Rate Now :

12345

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

Rate Now :

12345

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

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

Rate Now :

12345

FSI = Floor Space index

Expert : Y V Vishweshwar Rao

Posted On

21 January 2011

Rate Now :

12345

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!