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Force fully giving roof for top floor after 5 years of agreement
7 months ago
We have booked a top floor apartment 7 years ago agreement amount was 56 laks , initially builder they have planned to construct Penthouse on roof but RERA didnt not allow .
Now builder forcing us to take roof with same rate as flate costing us around 1.2 cr. Is it leagail ?
A.Dear Client,
Reach out to the office of RERA to file a complaint against the Developer/Builder for unfair trade practice before the Adjudicating Officer of RERA for redressal of your grievance. A roof top or open terrace of multistoried building is treated as a common area usable by all the resident owners of all the floors of the building which can not be sold to any individual resident ower by the Builder.
Reach out to the office of RERA to file a complaint against the Developer/Builder for unfair trade practice before the Adjudicating Officer of RERA for redressal of your grievance. A roof top or open terrace of multistoried building is treated as a common area usable by all the resident owners of all the floors of the building which can not be sold to any individual resident ower by the Builder.
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A.Dear Client,
However, here are some general steps you can consider:
Review the Agreement: Carefully review the initial agreement you signed with the builder. It should outline the terms and conditions of your purchase, including the specification of the apartment you were buying.
Check for Violation of Agreement: If the builder had initially planned to construct a penthouse on the roof but was prevented from doing so by RERA, it's important to assess whether this change violated the terms of your agreement.
Consult an Attorney: It's advisable to consult with a real estate attorney who can review your agreement, assess the situation, and provide legal advice tailored to your specific case.
Negotiate with the Builder: Engage in a dialogue with the builder to understand their perspective and to negotiate a resolution that is fair and reasonable to both parties. Having legal counsel can be valuable during these negotiations.
Check RERA Guidelines: Check RERA guidelines and regulations for your state, as they may provide specific rules and procedures for addressing disputes between builders and buyers. RERA authorities can also be contacted for assistance in resolving disputes.
File a Complaint: If negotiations fail and you believe the builder is acting unfairly or in violation of your agreement, you may consider filing a complaint with the appropriate authorities, such as your state's RERA authority.
Explore Legal Remedies: Depending on the outcome of negotiations and the advice of your attorney, you may explore legal remedies such as seeking compensation, specific performance, or other relief through the courts.
Please keep in mind that property-related disputes can be complex and can vary depending on your jurisdiction and the specific terms of your agreement.
Thank you.
However, here are some general steps you can consider:
Review the Agreement: Carefully review the initial agreement you signed with the builder. It should outline the terms and conditions of your purchase, including the specification of the apartment you were buying.
Check for Violation of Agreement: If the builder had initially planned to construct a penthouse on the roof but was prevented from doing so by RERA, it's important to assess whether this change violated the terms of your agreement.
Consult an Attorney: It's advisable to consult with a real estate attorney who can review your agreement, assess the situation, and provide legal advice tailored to your specific case.
Negotiate with the Builder: Engage in a dialogue with the builder to understand their perspective and to negotiate a resolution that is fair and reasonable to both parties. Having legal counsel can be valuable during these negotiations.
Check RERA Guidelines: Check RERA guidelines and regulations for your state, as they may provide specific rules and procedures for addressing disputes between builders and buyers. RERA authorities can also be contacted for assistance in resolving disputes.
File a Complaint: If negotiations fail and you believe the builder is acting unfairly or in violation of your agreement, you may consider filing a complaint with the appropriate authorities, such as your state's RERA authority.
Explore Legal Remedies: Depending on the outcome of negotiations and the advice of your attorney, you may explore legal remedies such as seeking compensation, specific performance, or other relief through the courts.
Please keep in mind that property-related disputes can be complex and can vary depending on your jurisdiction and the specific terms of your agreement.
Thank you.
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