Hi all, My wife and I live on the top two floors of a brownstone in NYC and we are in the process of obtaining 'roof rights' from the other two owners. I have verbal agreements from both of them, so that side of things is not a problem. The issue is, I am trying to figure out exactly what 'roof rights' will give us. My attorney said the roof will become a limited common area and we will have... [more]
Hi all,
My wife and I live on the top two floors of a brownstone in NYC and we are in the process of obtaining 'roof rights' from the other two owners. I have verbal agreements from both of them, so that side of things is not a problem. The issue is, I am trying to figure out exactly what 'roof rights' will give us. My attorney said the roof will become a limited common area and we will have exclusive rights. That's great as we want to build a deck for now, but the problem is, we want to build a small room up there in a couple of years from now and I wonder whether it being a limited common area will cause a problem? Is there an exclusive sort of ownership of the roof that we could get to do what we wish with it down the road? I get the feeling my current attorney isn't all that experienced with this sort of thing.
Zoning and FAR are also OK.
Any feedback would be much appreciated :)
Thanks!
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Response by bugelrex
over 14 years ago
Posts: 499
Member since: Apr 2007
might be related to fire access? Whatever you build will have to be accessible to other residents incase of fire?
You might need to file with the Department of Buildings to legalize it.
I don't understand how there could be a limited common area, for which you have exclusive rights to. In fact, if setup as a common area, I don't understand why you would not have to provide for an easement of access for the other shareholders to access the roof if they cannot otherwise get there from a common staircase or elevator. Improving the roof and putting in a room is even more likely to cause an issue.
Someone in my neighborhood did this a few years ago. His filing can be found at http://tinyurl.com/6a7upze
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Response by Pawn_Harvester
over 14 years ago
Posts: 321
Member since: Jan 2009
Your brownstone is a coop - this is a typical coop construction.
As part of your purchase of additional shares associated with your roof rights, you should be buying the right to construct ### square feet of indoor space. Everything should be spelled out in the contract the coop uses to sell you shares. If you do not do this, the coop can require you to purchase more shares (more $$$) to cover you new space down the road.
You should get a lawyer with coop expertise.
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Response by lad
over 14 years ago
Posts: 707
Member since: Apr 2009
I'm basically doing the same project right now.
First, co-op or condo? Co-op is actually easier in this instance. If co-op, you'll need to determine a purchase price, an appropriate number of shares based on a professional appraisal, and file for a no-action letter from the Attorney General. It's a fairly easy process if your co-op has a sufficient number shares to issue. If not, you'll need to apply to the AG for permission to issue more shares.
Second, check out fire code. We have FAR but cannot build a fourth story because the building is limited to 3 stories and 40' by fire code, and it is impossible to meet the fire code requirements for a fourth story. You are allowed a "bulkhead," free of FAR and fire code, and you can get creative with these dimensions to squeeze a very small room (e.g., big enough for a small desk or one chair) out of your "free" space. Beyond that, you need approvals from both the city and the co-op to construct new space, and you will certainly be assessed a greater number of shares for building a room v. a roof terrace.
If you have any questions, I'll try to answer them. We're closing on our additional shares this month and hopefully starting construction (on just a terrace and bulkhead) in July.
might be related to fire access? Whatever you build will have to be accessible to other residents incase of fire?
Best bet is search board at http://www.brownstoner.com/ -- but not tonight (site's down for overhaul)
You might need to file with the Department of Buildings to legalize it.
I don't understand how there could be a limited common area, for which you have exclusive rights to. In fact, if setup as a common area, I don't understand why you would not have to provide for an easement of access for the other shareholders to access the roof if they cannot otherwise get there from a common staircase or elevator. Improving the roof and putting in a room is even more likely to cause an issue.
Someone in my neighborhood did this a few years ago. His filing can be found at http://tinyurl.com/6a7upze
Your brownstone is a coop - this is a typical coop construction.
As part of your purchase of additional shares associated with your roof rights, you should be buying the right to construct ### square feet of indoor space. Everything should be spelled out in the contract the coop uses to sell you shares. If you do not do this, the coop can require you to purchase more shares (more $$$) to cover you new space down the road.
You should get a lawyer with coop expertise.
I'm basically doing the same project right now.
First, co-op or condo? Co-op is actually easier in this instance. If co-op, you'll need to determine a purchase price, an appropriate number of shares based on a professional appraisal, and file for a no-action letter from the Attorney General. It's a fairly easy process if your co-op has a sufficient number shares to issue. If not, you'll need to apply to the AG for permission to issue more shares.
Second, check out fire code. We have FAR but cannot build a fourth story because the building is limited to 3 stories and 40' by fire code, and it is impossible to meet the fire code requirements for a fourth story. You are allowed a "bulkhead," free of FAR and fire code, and you can get creative with these dimensions to squeeze a very small room (e.g., big enough for a small desk or one chair) out of your "free" space. Beyond that, you need approvals from both the city and the co-op to construct new space, and you will certainly be assessed a greater number of shares for building a room v. a roof terrace.
If you have any questions, I'll try to answer them. We're closing on our additional shares this month and hopefully starting construction (on just a terrace and bulkhead) in July.