When buying or renting a property, many people prefer higher-floor units for the open views. Such units typically come with higher price tags compared to lower floors. Some even opt for top-floor units with private rooftops to avoid noise from above. However, there are several important factors to consider when purchasing this type of property.
Understanding the ownership and usage rights of the rooftop is crucial. Is the rooftop a private space or a shared/common area? The answer can be found in the building’s Deed of Mutual Covenant (DMC), a legally binding document that outlines the rights, responsibilities, and obligations of all property owners, tenants, and the management company. Buyers can either check the DMC themselves or consult a lawyer for clarification.
If the DMC specifies that the rooftop belongs to the property owner, it can be included in the title deed and legally recognised as part of the unit, granting the owner exclusive usage rights. However, if the rooftop is designated as a common area, it is jointly owned by all building owners, and private use may be restricted.
Rooftops are prone to water leakage due to prolonged exposure to sunlight and the effects of thermal expansion and contraction, which can cause surface cracks. These cracks may lead to leaks during rain. Therefore, it’s essential to ensure the rooftop has proper waterproofing measures in place.
If water leakage does occur, who is responsible for the repair costs depends on the ownership and allocation of maintenance responsibilities. If the rooftop is a common area, the building’s Owners’ Corporation is generally responsible for repairs. If the rooftop is privately owned, the responsibility depends on whether the issue stems from the waterproofing layer.
If the waterproofing layer belongs to the building (as a common structural element), then the Owners’ Corporation is responsible. However, if the issue is unrelated to the shared waterproofing layer, the individual owner must cover the repair costs.
It’s worth noting that even if the waterproofing layer is part of the building’s common structure, exceptions may apply. For example, if the rooftop has been modified by the owner or if the damage cannot conclusively be linked to the waterproofing layer, the individual owner may still bear the repair costs.
Some people purchase units with private rooftops to host barbecues or entertain friends and family. However, the DMC may prohibit certain activities on rooftops, such as barbecues or even drying laundry. Violating these rules could lead to legal action by the Owners’ Corporation.
Others may use the rooftop to install storage cabinets to increase storage space. However, most DMCs impose restrictions on the height and weight of rooftop storage. It’s important to ensure any additions comply with these regulations to avoid potential disputes.
Units with private rooftops are relatively rare, and their transaction volume is generally low. Since banks base valuations on recent comparable sales, there’s a risk that such properties may be undervalued during the mortgage approval process. Buyers should prepare additional funds for the down payment if the apartment’s valuation falls short. By carefully considering these factors, buyers can avoid potential legal, financial, and maintenance issues when purchasing a property with a rooftop.
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