If you buy a unit on the top floor of a building, you could be allowed to build — upwards, adding an extra room or alternatively a deck or even a garden to your rooftop, and thereby increasing its value.

However there are a number of issues you should be aware of if you are planning go up. Here are some tips on how you can secure your roof rights.

  • When buying into a sectional title scheme beware of phrases such as 'additional option to buy the roof rights', which neither means the rights are already in place, nor guarantees that the body corporate will allow you to option them. Rather, make sure that these rights are incorporated into the sale agreement.

  • If you buy into a first-time sectional title unit (in which a body corporate has not yet been formed), you can request that their roof rights be written into their sales agreement for incorporation into their title deed.

  • If a body corporate already exists, then it is the only entity that can grant an owner rights such as rights of extension or exclusive use rights.

  • Check if any of your neighbours have already occupied additional space from their roofs or anything similar. If they have, they would have set a precedent for doing so, and chances are you may also be allowed to as well.

  • Be careful of clauses in the agreement that might state that you can only access rights during a certain period, for example, within two years, as this might not leave you enough time to do so.

  • Remember your plans also have to meet council approval, so you might require the advice of an expert in getting this done.

  • You will need to look closely at all the construction aspects. For instance, can the structure support another floor?

  • Make sure you legally register the roof section as part of the title deed, and be aware that you might then have to pay an additional exclusive-use levy for the extra space incorporated into the unit.

This information was provided by The Property Magazine