If the same has not been provided by the builder then you can not install a fresh water tank.
If however, all the other members gives NOC with regards to the same then you can install the water tank.
Regards
I have a bought a builder floor at upper ground in Shahdara Delhi in Nov 2013. Builder has taken water connection charge and electric charge from each owner. He provided separate electric connection but one water connection. Now I want to take separate water connection but forth floor owners not allowing to do so as they have roof right. Can we put separate water tank on fourth floor.
If the same has not been provided by the builder then you can not install a fresh water tank.
If however, all the other members gives NOC with regards to the same then you can install the water tank.
Regards
You need permission from muncipal corporation to install separate water tank on top floor
Further consent of fourth floor owner would be necessary
But what about water connection charges what we paid separately to builder. Can we ask refund from builder. Also builder has build a flat in parking and I am on upper ground floor three more floor above my flats. Can owner of fourth floor construct any type of construction on 4 floor roof?
Hi, it has to be seen in the builder buyer agreement , that has been provided to you .. Whether the roof rights are common for all the allottes or it has been specifically granted to 4th floor owner
You can not ask for the refund, since you agreed to this condition in 2013 you can not resile at this juncture.
If the builder has built a flat in the parking area then move an application with regards to this in the authorities and ask for its demolition.
SC has given clear guidelines that the parking area can not be used for any other purpose.
That depends on the agreement between the builder and the owner of the 4th floor that he/she can construct anything or not.
Regards
Construction of flat on parking is illegal
Complain to muncipal corporation against illegal construction
3) for construction on roof permission of other flat owners is necessary
If they have been specifically given the roof rights in terms of their sale deed, you necessarily need to take their permission before installing the water tank on the roof. You may peruse their sale deed to find as to whether the roof rights given to them are absolute or conditional.
The builder must have only taken a contribution from all the buyers against the single water supply/connection taken for the entire building.
Any sort of construction in the parking is illegal because encroachment of common spaces is impermissble under the building bye laws. Write to the concerned local authority for demolition of this illegal flat and for taking action against your builder.
Is fifth floor allowed in Delhi as building is already have 4th floor and we have bought our flat to see 4floor of builder flat in Shahdara Delhi110032.
If the plan has been sanctioned for 4 floors by the DDA then the 5th floor can not be constructed.
Sought an RTI and see what permission has been given by the authorities.
Regards
Any floor constructed/erected in excess of the number of floors approved, shall be illegal.
Thus, if only four floors are approved for your building, the 5th floor can never be constructed.
Construction of 5 th floor would need permission from muncipal corporation and consent of all other flat owners
You have right to install water tank on the roof of the building
If anybody obstruct your right complaint to MCD
Or send legal notice and file a suit
Sir,
To property answer the question, we need to go through your sale deed. The terms and conditions can then only be ascertained. Often accesibility and other terms are classified.
If he has roof rights mentioned in his sale deed then you cannot install over head tank without his permission.
Ascertain the factual status and plan to initiate appropriate legal action as per law
If you want to have separate water connection you have to approach the concerned authorities to get the same as per provisions of rules in this regard.
If you apprehend that the upcoming floor has no approval you may complaint about it with the concerned authorities in advance and if need be you may approach court for remedy and relief.