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I'm thinking of purchasing the top floor of a condo. The seller states that the opportunity exists to build on top of the existing floor with either a "new floor" or a rooftop terrace.

Does anyone know the rules for this?
 

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I'm thinking of purchasing the top floor of a condo. The seller states that the opportunity exists to build on top of the existing floor with either a "new floor" or a rooftop terrace.

Does anyone know the rules for this?
I would take it with a grain of salt until you see something in writing telling you
a) precisely what can be built;
b) they have development & code approval to do this;
c) who has to do the construction (Builder? Condominium corp?) They can't have individual condo owners doing it. The fabric of the building belongs to the builder initially, and later the condo corporation. ie. If the roof is still undeveloped when the condo corp. is registered, the "Roof" belongs to the condo corporation. So you can't build on it after the corporation is formed, unless you have something in your purchase agreement entitling you to do so.

Perhaps the developer means you have the opportunity to pay him to develop this now. If it is an additional storey, I would think it practical, because you would own that as part of your unit. But if it is a "roof-top garden", how is this demarked from other roof areas, and do you actually own it or just have a right of exclusive use? If you own it does that mean you are responsible for future repairs and mainenance of the roof; and liable for any water damage from leakage through the roof?
 
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